m 

.... 

£';■ 

':    ; 
|' 

1 
f. 
r 

EM 
r,"i 

j  ; 

l 

i 

c 

t    , 
I  '. 

1 

! 

.'■  ; 

■ 

1 
j 

i 

C  \2)  .\o  \  7c 


. 


-f^gnggFrWfc^ig^J-IBgARJL^- 


] 


DISC  5^  RDED 

m\t  $  mmyfosxwx  ^tate  College 

THIS  RnnK  is  no  LONGER 

THE  PiiOF^FTY  OF 

fflRdPBil®S-T.ATE  College 


(  I  .A 


I  tOOK   SF5F3 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/federalstatelawsOOusna 


DEPARTMENT  OF  COMMERCE 

BUREAU     OF    STANDARDS        J    \  ,  }   \'j 
George  K.  Burgess,  Director 


MISCELLANEOUS  PUBLICATION  No,  20 


FEDERAL  AND  STATE  LAWS 


RELATING  TO 


WEIGHTS  Al 


[EASURE 


THIRD  EDITION 

I*  Superseding  "State  and  National   Laws  Concerning  the  Weights  and  1 
I.      Measures  of  the  United  States"  (second  edition),  printed  in  1912      J 


REVISED  BY  WILLIAM  PARRY,  BUREAU  OF  STANDARDS 

UNDER  THE  DIRECTION  OF  F.  S.  HOLBROOK,  COCHIEF,  DIVISION  OF 

WEIGHTS  AND  MEASURES,  BUREAU  OF  STANDARDS 

August,  1926 


PRICE  $2.30 

Sold  only  by  the  Superintendent  of  Documents,  Government  Printing  Office 
Washington,  D.  C. 


UNITED  STATES 

GOVERNMENT  PRINTING  OFFICE 

WASHINGTON 

1926 


DfS  |ED 

;|  THiS  : ■■:■      IS;WloNSBB 

THi  I        .  vy-of-. 
The  Pi  t  College 

LpR/ttY  C0H, 


UnV 


JENT 


Introduction 

Federal  laws  and  regulations  concerning  weights  and  measures 

Laws  of  the  States,  Territories,  and  possessions  of  the  United  States 
relating  to  weights  and  measures 


Page 
1 


47 


Page 

Alabama 47 

Alaska 60 

Arizona 61 

Arkansas 78 

California 94 

Colorado >  125 

Connecticut 135 

Delaware 149 

District  of  Columbia,  _  162 

Florida 173 

Georgia 179 

Hawaii 190 

Idaho 193 

Illinois 206 

Indiana 230 

Iowa 257 

Kansas 268 

Kentucky 287 

Louisiana 298 

Maine 313 

Maryland 334 

Massachusetts 347 

Michigan 392 

Minnesota 410 

Mississippi 429 

Missouri 437 

Montana 451 


Page 

Nebraska 475 

Nevada 494 

New  Hampshire 510 

New  Jersey 525 

New  Mexico 553 

New  York 565 

North  Carolina 578 

North  Dakota 591 

Ohio 603 

Oklahoma 626 

Oregon 640 

Pennsylvania 667 

Philippine  Islands 697 

Porto  Rico 702 

Rhode  Island 710 

South  Carolina 731 

South  Dakota 749 

Tennessee 774 

Texas 791 

Utah . 818 

Vermont 830 

Virginia 840 

Washington 861 

West  Virginia 881 

Wisconsin 895 

Wyoming 922 


Tables  of  the  legal  weights    (in  pounds)    of  a  bushel  of  various  com- 
modities— 

Appendix 

Index 


931 
943 


..- 


FEDERAL  AND  STATE  LAWS  RELATING  TO  WEIGHTS 

AND  MEASURES 


INTRODUCTION 

Section  VIII  of  Article  I  of  the  Constitution  of  the  United  States 
authorizes  Congress  to  "  fix  the  standard  of  weights  and  measures," 
but  notwithstanding  that  the  importance  of  the  subject  was  repeat- 
edly urged  by  Washington,  Adams,  and  Jefferson  in  their  messages 
to  Congress,  no  general  legislation  has  ever  been  enacted  by  that 
body  in  regard  to  the  weights  and  measures  now  in  common  use. 
At  the  time  of  the  American  Revolution  the  weights  and  measures 
in  common  use  were  supposed  to  be  identical  with  those  then  in  use 
in  England. and  the  standards  were  of  English  origin.  Most  of 
them  had  been  procured  from  time  to  time  by  the  Colonies  from 
Great  Britain,  and  although  it  was  well  known  that  there  were 
variations  in  those  of  the  same  denomination,  it  was  not  until  1830 
that  the  matter  received  attention  from  Congress.  At  this  time  an 
investigation  of  the  weights  and  measures  in  use  in  the  various  cus- 
tomhouses was  ordered  by  a  resolution  of  the  Senate.  As  a  result 
of  this  investigation  the  avoirdupois  pound,  the  yard  of  36  inches, 
the  wine  gallon  of  231  cubic  inches,  and  the  Winchester  bushel  of 
2,150.42  cubic  inches  were  adopted  by  the  Treasury  Department,  and 
the  construction  of  copies  of  the  standards  thus  established  was 
immediately  undertaken  in  order  to  supply  the  customhouses  with 
uniform  weights  and  measures. 

In  1836  a  joint  resolution  of  Congress  directed  the  Secretary  of 
the  Treasury  to  deliver  to  the  governor  of  each  State  in  the  Union 
a  complete  set  of  all  the  Aveights  and  measures  adopted  as  standards 
by  that  department,  to  the  end  that  a  uniform  standard  of  weights 
and  measures  might  be  established  throughout  the  United  States. 
At  the  time  of  the  passage  of  the  act  of  July  28,  1866,  legalizing 
the  use  of  the  metric  system  in  the  United  States,  Congress,  by  a 
joint  resolution,  directed  that  the  Secretary  of  the  Treasury  furnish 
to  each  State,  to  be  delivered  to  the  governor  thereof,  one  set  of 
standard  weights  and  measures  of  the  metric  system  for  the  use  of 
the  States,  respectively.  Some  15  years  later  Congress  further 
directed  that  the  Secretary  of  the  Treasury  cause  a  complete  set  of 
all  the  weights  and  measures  adopted  as  standards  to  be  delivered 
to  the  governor  of  each  State  in  the  Union  for  the  use  of  agricul- 
tural colleges  in  the  States,  respectively,  which  had  received  a  grant 
of  lands  from  the  United  States. 

Nearly  all  of  the  States  and  land-grant  colleges  have  been  sup- 
plied with  complete  sets  of  standards  in  accordance  with  the  reso- 
lutions mentioned,  and  in  the  case  of  many  States  those  supplied 

l 


W 


2  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

have  been  adopted  by  legislative  action  as  the  standards  of  such 
States.  The  fundamental  standards  of  our  customary  system — the 
pound,  yard,  gallon,  and  bushel — are  therefore,  in  general,  uniform 
throughout  the  Union.  The  practice,  however,  in  regard  to  the  use 
of  the  two  units  last  mentioned  and  their  subdivisions  differs  mate- 
rially. ■  In  some  States  the  gallon  of  certain  commodities  is  defined 
as  a  definite  number  of  pounds.  For  instance,  11  pounds  of  sorghum 
molasses  is  a  legal  gallon  in  Indiana  and  Mississippi  and  12  pounds 
in  North  Carolina,  South  Carolina,  and  Tennessee;  €>y2  pounds  of 
kerosene  in  Kansas  and  7y2  pounds  of  linseed  oil  in  Ohio  constitute 
a  legal  gallon.  The  volumes  defined  by  these  legal  weights  do  not 
accord  with  the  true  volume  of  the  gallon. 

In  many  of  the  States  the  legal  bushel  of  certain  commodities  is 
specified  in  pounds.  In  the  cases  of  a  few  commodities  the  weight 
established  is  uniform  throughout  the  country,  but  in  the  large 
majority  of  cases  two  or  more  different  weights,  which  may  vary 
widely  from  each  other,  are  fixed  for  the  same  commodity.  Special 
bushels  have  also  been  legally  established  in  many  States  for  par- 
ticular products  such  as  the  charcoal  bushel,  which  in  Connecticut 
is  2,748  cubic  inches,  in  Colorado,  2,500  cubic  inches,  and  in  Penn- 
sylvania, 2,571  cubic  inches.  In  Vermont  "  one  bushel  and  three- 
quarters  of  a  peck  are  deemed  a  bushel  of  lime  or  ashes,"  while 
a  lime  bushel  in  Ohio  is  2,688  cubic  inches.  In  Pennsylvania  the 
coke  bushel  is  2,648  cubic  inches,  while  in  Missouri  it  is  2,680  cubic 
inches.  Some  States  require,  furthermore,  "  struck  measure,"  others 
"  heaped  measure,"  the  heap  sometimes  being  required  to  be  "  as 
high  as  the  article  will  admit,"  and  elsewhere  "  as  high  as  may  be 
without  special  effort  or  design,"  and  in  still  other  cases,  as  in  Con- 
necticut, the  heaped  bushel  is  definitely  fixed  as  2,564  cubic  inches. 
The  ton  of  coal  is  in  most  States  fixed  at  2,000  pounds,  while  two 
or  three  specify  2,240  pounds. 

Such  diversity  as  is  illustrated  above  causes  confusion  in  the 
commerce  among  the  different  States,  and  a  remedy  is  highly  de- 
sirable. It  is  the  general  opinion  among  weights  and  measures 
officials  that  the  use  of  the  bushel  as  a  measure  of  quantity  should 
be  discontinued  and  that  commodities  commonly  sold  by  this  unit 
should  be  sold  by  weight.  Several  States  have  enacted  legislation 
to  this  end  within  the  past  few  years. 

A  law  passed  by  Congress  in  1866  made  the  use  of  the  metric  sys- 
tem lawful  throughout  the  United  States  in  all  commercial  trans- 
actions and  established  tables  for  use  in  the  construction  of  con- 
tracts, and  in  all  legal  proceedings,  for  expressing  in  customary 
weights  and  measures,  the  weights  and  measures  of  the  metric  system. 

Until  1893  the  British  imperial  yard  and  pound  were  recognized 
by  the  Treasury  Department  as  the  standards  of  the  United  States, 
but  in  this  year  it  was  decided  that  greater  stability  and  higher 
accuracy  would  be  obtained  by  accepting  the  international  meter 
and  kilogram  as  the  fundamental  standards  of  the  United  States, 
by  reason  of  the  superior  character  of  the  copies  of  these  standards 
which  had  shortly  before  this  time  been  received  from  the  Inter- 
national Bureau  of  Weights  and  Measures,  in  which  organization 
the  United  States  Government  had  been  officially  participating  since 
1870.    The  yard  was,  therefore,  defined  as  a  certain  fraction  of 


INTRODUCTION  6 

the  meter  and  the  pound  as  a  certain  fraction  of  the  kilogram,  the 

qcnn 

values  adopted  being  1  yard  =  -nqyf  meter,  and  1  pound  avoirdu- 
pois ==  9  oo4.fi99<u  kilogram.     This  action  did  not  in  any  way  alter 

the  values  of  our  customary  weights  and  measures,  but  simply  fixed 
them  in  terms  of  standards  that  represented  the  highest  develop- 
ment of  metrology. 

On  July  1,  1913,1  the  Bureau  of  Standards  recognized  the  inter- 
national metric  carat  of  200  milligrams  as  the  unit  of  weight 
for  diamonds  and  other  precious  stones,  and  thereafter  used  this 
value  for  the  purpose  of  certification  of  all  carat  weights  submitted 
to  the  bureau  for  test.  On  the  same  date  the  Treasury  Department 
began  the  use  of  this  unit  in  the  customs  service  for  the  levying  of 
import  duties  on  precious  stones,  and  it  was  also  put  into  commercial 
use  in  the  United  States  by  practically  all  of  the  dealers  in  gems 
and  precious  stones. 

During  the  past  15  years  great  advancement  lias  been  made  in 
weights  and  measures  legislation,  both  from  the  standpoint  of 
securing  laws  providing  greater  protection  to  the  merchants  and 
the  purchasing  public  and  from  the  standpoint  of  uniformity  in 
the  laws  of  the  various  States.  Among  the  reasons  for  this  it  may 
be  stated  that  there  has  been  an  awakening  on  the  part  of  the  pur- 
chasing public  to  the  losses  sustained  by  the  use  in  trade  of  false 
or  incorrect  weights  and  measures,  and  manufacturers  and  shippers 
have  come  to  realize  that  unfair  competition  is  bound  to  result  from 
the  lack  of  proper  weights  and  measures  supervision  in  the  sale 
of  commodities. 

The  present  compilation  of  weights  and  measures  laws  is  the  third 
one  published  by  the  Bureau  of  Standards,  the  first  having  been 
issued  in  1904  and  the  second  in  1912.  This  compilation  revises 
and  brings  up  to  date  the  latter  publication,  Bureau  of  Standards 
Miscellaneous  Publication  No.  20,  State  and  National  Laws  Concern- 
ing the  Weights  and  Measures  of  the  United  States,  which,  on 
account  of  the  large  number  of  laws  enacted  subsequent  to  its 
issuance  has  become  entirely  out  of  date.  There  have  been  added 
certain  regulations  and  other  material  relating  to  weights  and  meas- 
ures, which  it  is  believed  will  be  of  value  and  interest  in  this  con- 
nection. 

The  enactment  of  weights  and  measures  legislation  has  in  general 
been  left  by  Congress  to  the  several  States,  but  in  a  few  instances 
Congress  has  deemed  it  expedient  and  necessary  for  the  better  con- 
duct of  the  large  and  ever-increasing  commerce  among  the  States  to 
enact  certain  laws  affecting  weights  and  measures  in  interstate  com- 
merce. This  legislation  has  a  very  important  bearing  upon  the  com- 
mercial life  of  the  Nation  in  bringing  about  uniformity,  efficiency, 
and  economy  in  the  distribution  of  supplies. 

The  laws  and  material  pertinent  thereto  contained  in  the  present 
publication  are  not  published  as  a  whole  elsewhere,  and  much  of  the 
material  is  quite  inaccessible  to  those  concerned.  There  has  been  a 
continuing  demand  for  a  revised  compilation,  and  it  is  believed  that 

1  See  Circular  No.  43,  The  Metric  Carat,  p.  3. 


4  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

this  publication  will  present  subject  matter  of  great  value,  especially 
to  State  and  local  officials  charged  with  the  enforcement  of  weights 
and  measures  laws,  and  to  manufacturers  and  shippers  whose  busi- 
ness is  affected  by  these  laws.  The  compilation  should  tend  to  create 
a  better  understanding  of  the  scope  and  operation  of  the  weights 
and  measures  laws,  both  Federal  and  State,  to  secure  a  more  strict 
observance  of  these  statutes,  and  to  promote  uniformity  in  weights 
and  measures  enactments. 

Weights  and  measures,  in  general,  is  so  broad  a  subject  that  in 
searching  the  statute  books  it  is  inevitable  that  many  laws  will  be 
found  which,  while  dealing  in  a  general  way  with  weights  and  meas- 
ures, are  but  remotely  concerned  with  regulatory  activities.  Obvi- 
ously, it  is  both  undesirable  and  impracticable  to  incorporate  all 
such  legislation  in  this  compilation,  and  consequently  all  material 
has  been  rejected  unless  its  inclusion  seemed  clearly  warranted. 
Also  in  some  instances  there  have  been  omitted  from  the  compilation 
certain  laws  which,  while  they  may  be  technically  in  effect,  are  actu- 
ally obsolete.  Again,  when  session  laws  repealed  former  statutes, 
either  directly  or  by  implication,  care  has  been  exercised  to  omit  all 
repealed  legislation  and  to  make  all  necessary  corrections  and  appro- 
priate explanations. 

This  compilation  is  intended  to  bring  the  weights  and  measures 
laws  as  nearly  up  to  date  as  practicable,  and  includes  the  session  laws 
of  1925.  The  latest  authorized  codes  and  compiled  statutes  were 
consulted;  or,  in  the  absence  of  such  authorized  works,  the  latest 
generally  accepted  compiled  statutes  were  taken.  Legislation  passed 
subsequent  to  these  works  was  taken  from  the  session  laws  on  file  in 
the  library  of  the  Supreme  Court  of  the  United  States. 

In  some  instances  no  side  titles  were  given  in  the  publication  from 
which  the  law  was  taken,  and  in  these  cases  side  titles  have  been  sup- 
plied for  convenience  of  reference.  In  other  cases  it  has  been  neces- 
sary to  change  the  side  titles  in  order  to  give  a  clearer  idea  of  the 
subject  matter  selected.  It  is  not  within  the  scope  of  this  work  to 
give  a  complete  history  of  the  acts;  but  in  consulting  a  compilation 
of  this  kind  it  is  usually  desirable  and  often  important  to  know  when 
a  particular  section  was  enacted  or  last  amended,  and  an  endeavor  has 
been  made  to  give  this  information.  This  has  been  done  by  putting 
after  the  section  number,  in  parentheses,  the  date  of  enactment,  thus 
(1878),  or,  in  the  case  of  an  amended  section,  by  putting  the  letter 
"  a  "  before  the  date  of  the  last  amendment,  thus  (al914) .  If  a  section 
was  amended  subsequently  to  the  issuance  of  the  code  or  statutes  in 
which  it  is  found,  such  amendment  is  noted  after  the  section  number, 
as,  for  example,  "  Sec.  2376,  as  amended  by  Laws,  1917,  ch.  60,  p.  125." 
Such  notice  of  amendment  applies  only  to  the  particular  section  indi- 
cated. The  date  appearing  immediately  after  a  section  number 
applies  to  that  section  and  to  those  which  follow  until  another  date 
is  given.  A  degree  mark  appearing  immediately  following  the  section 
number,  thus,  "  Sec.  491°,"  is  used  to  indicate  that  the  date  of  enact- 
ment of  the  section  has  not  been  found,  and  this  mark  applies  to 
sections  following  until  another  date  appears.  Where  reference  is 
made  to  the  session  laws,  the  year  such  laws  were  passed  is  always 
given  in  the  reference,  and  it  is  therefore  unnecessary  to  duplicate 
the  year  by  putting  it  after  the  section  number. 


FEDERAL  LAWS  AND  REGULATIONS  CONCERNING  WEIGHTS 

AND  MEASURES 


UNITED  STATES 
Const.  TJ.  S.,  Art.  I. 

Sec.  8,  par.  5  (1787).  National  standard  of  weights  and  measures. — 
The  Congress  shall  have  Power  *  *  *  To  coin  Money,  regulate 
the  Value  thereof,  and  of  foreign  Coin,  and  fix  the  Standard  of 
Weights  and  Measures; 

31  Stat.,  ch.  872,  p.  1449. 

Sec.  1  (1901).  Establishment  of  the  National  Bureau  of  Standards. — 
The  Office  of  Standard  Weights  and  Measures  shall  hereafter  be 
known  as  the  National  Bureau  of  Standards. 

Sec.  2.  Custody  of  standards;  comparisons;  construction  of  standards; 
tests;  investigations. — That  the  functions  of  the  bureau  shall  consist 
in  the  custody  of  the  standards;  the  comparison  of  the  standards 
used  in  scientific  investigations,  engineering,  manufacturing,  com- 
merce, and  educational  institutions  with  the  standards  adopted  or 
recognized  by  the  Government;  the  construction,  when  necessary, 
of  standards,  their  multiples  and  subdivisions;  the  testing  and 
calibration  of  standard  measuring  apparatus;  the  solution  of  prob- 
lems which  arise  in  connection  with  standards;  the  determination 
of  physical  constants  and  the  properties  of  materials,  when  such 
data  ax*e  of  great  importance  to  scientific  or  manufacturing  interests 
and  are  not  to  be  obtained  of  sufficient  accuracy  elsewhere. 

Sec.  3.  For  whom  its  functions  may  be  exercised. — That  the  bureau 
shall  exercise  its  functions  for  the  Government  of  the  United 
States;  for  any  State  or  municipal  government  within  the  United 
States;  or  for  any  scientific  society,  educational  institution,  firm, 
corporation,  or  individual  within  the  United  States  engaged  in 
manufacturing  or  other  pursuits  requiring  the  use  of  standards  or 
standard  measuring  instruments.  All  requests  for  the  services  of  the 
bureau  shall  be  made  in  accordance  with  the  rules  and  regulations 
herein  established. 

Sec.  5,  as  amended  by  act  of  March  4,  1911.  Director;  powers  and  duties; 
annual  report;  bulletins  of  information. — That  the  director  shall  be 
appointed  by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate.  He  shall  have  the  general  supervision  of  the  bureau, 
its  equipment,  and  the  exercise  of  its  functions.  He  shall  make  an 
annual  report  to  the  Secretary  of  the  Treasury,1  including  an  ab- 
stract of  the  work  done  during  the  year  and  a  financial  statement. 
He  may  issue,  when  necessary,  bulletins  for  public  distribution,  con- 
taining such  information  as  may  be  of  value  to  the  public  or  facili- 
tate the  bureau  in  the  exercise  of  its  functions.  Hereafter  in  the  case 
of  the  absence  of  the  Director  of  the  Bureau  of  Standards,  the 
Secretary  of  Commerce  and  Labor  '  may  designate  some  officer  of 
said  bureau  to  perform  the  duties  of  the  director  during  his  absence. 

1  By  Hie  ad  of  Congress  establishing  the  Department  of  Commerce  and  Labor,  the 
National  Bureau,  of  Standards  was  transferred  to  the  new  department.  Subsequently 
this  department  was  divided  Into  two  departments,  namely,  tne  Department  of  Com- 
merce and  the  Department  of  Laiior,  the  National  Bureau  of  Standards  being  placed 
under  the  former.  The  word  "Commerce"  should  therefore  be  substituted  for 
"Treasury"  and  "Commerce  and  Labor"  wherever  occurring  in  the  act. 

f) 


6  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  6.  Appointments. — That  the  officers  and  employees  provided  for 
by  this  act,  except  the  director,  shall  be  appointed  by  the  Secretary 
of  the  Treasury,2  at  such  time  as  their  respective  services  may  become 
necessary. 

Sec.  8.  Fees  for  tests,  etc. — That  for  all  comparisons,  calibrations, 
tests,  or  investigations,  except  those  performed  for  the  Government 
of  the  United  States  or  State  governments  within  the  United  States, 
a  reasonable  fee  shall  be  charged,  according  to  a  schedule  submitted 
by  the  director  and  approved  by  the  Secretary  of  the  Treasury.2 

Sec.  9.  Regulations. — That  the  Secretary  of  the  Treasury2  shall, 
from  time  to  time,  make  regulations  regarding  the  payment  of  fees, 
the  limits  of  tolerance  to  be  attained  in  standards  submitted  for 
verification,  the  sealing  of  standards,  the  disbursement  and  receipt 
of  moneys,  and  such  other  matters  as  he  may  deem  necessary  for 
carrying  this  act  into  effect. 

Sec.  10.  Visiting  committee. — That  there  shall  be  a  visiting  commit- 
tee of  five  members,  to  be  appointed  by  the  Secretary  of  the  Treas- 
ury,2 to  consist  of  men  prominent  in  the  various  interests  involved, 
and  not  in  the  employ  of  the  Government.  This  committee  shall 
visit  the  bureau  at  least  once  a  year,  and  report  to  the  Secretary  of 
the  Treasury,2  upon  the  efficiency  of  its  scientific  work  and  the  con- 
dition of  its  equipment.  The  members  of  this  committee  shall  serve 
without  compensation,  but  shall  be  paid  the  actual  expenses  incurred 
in  attending  its  meetings.  The  period  of  service  of  the  members  of 
the  original  committee  shall  be  so  arranged  that  one  member  shall 
retire  each  year,  and  the  appointments  thereafter  to  be  for  a  period 
of  five  years.  Appointments  made  to  fill  vacancies  occurring  other 
than  in  the  regular  manner  are  to  be  made  for  the  remainder  of  the 
period  in  which  the  vacancy  exists. 

5  Stat.,  p.  133;  Joint  Resolution  of  Congress,  June  14,  1836. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  the  Secretary  of  the 
Treasury  be,  and  he  hereby  is,  directed  to  cause  a  complete  set  of  all 
■weights  and  measures  adopted  as  standards  and  now  either  made  or 
in  progress  of  manufacture  for  the  use  of  the  several  customhouses, 
and  for  other  purposes,  to  be  delivered  to  the  governor  of  each  State 
in  the  Union,  or  such  person  as  he  may  appoint  for  the  use  of  the 
States,  respectively,  to  the  end  that  a  uniform  standard  of  weights 
and  measures  may  be  established  throughout  the  United  States. 

14  Stat.,  p.  369;  Joint  Eesolution  of  Congress,  July  27,  1866. 

Standard  weights  and  measures  of  the  metric  system  to  be  furnished 
to  the  States. — Be  it  resolved  oy  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assembled.! 
That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby,  authorized 
and  directed  to  furnish  to  each  State,  to  be  delivered  to  the  governor 
thereof,  one  set  of  standard  weights  and  measures  of  the  metric 
system  for  the  use  of  the  States,  respective!}'. 

21  Stat.,  p.  521  Joint  Res.  No.  26,  (1881). 

Standard  weights  and  measures;  for  agricultural  colleges;  for  the 
Smithsonian  Institution. — Resolved  by  the  Senate  and  House  of  Rep- 

2  See  footnote  1,  p.  5. 


UNITED   STATES  7 

resentatives  of  the  United  States  of  America  in  Congress  assembled. 
That  the  Secretary  of  the  Treasury  be,  and  he  is  hereby,  directed  to 
cause  a  complete  set  of  all  the  weights  and  measures  adopted  as  stand- 
ards to  be  delivered  to  the  governor  of  each  State  in  the  Union,  for 
the  use  of  agricultural  colleges  in  the  States,  respectively,  which  have 
received  a  grant  of  lands  from  the  United  States,  and  also  one  set  of 
the  same  for  the  use  of  the  Smithsonian  Institution :  Provided,  That 
the  cost  of  each  set  shall  not  exceed  two  hundred  dollars,  and  a  sum 
sufficient  to  carry  out  the  provisions  of  this  resolution  is  hereby  ap- 
propriated out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated. 

26  Stat.,  ch.  667,  p.  242. 

Sec.  1  (1890).  Repairs  to  standard  weights  and  measures. — *  *  * 
hereafter  such  necessary  repairs  and  adjustments  shall  be  made  to 
the  standards  furnished  to  the  several  States  and  Territories  as  may 
be  requested  by  the  governors  thereof,  and  also  to  standard, 
weights  and  measures  that  have  been,  or  may  hereafter  be,  supplied 
to  United  States  customhouses  and  other  offices  of  the  United 
States,  under  act  of  Congress,  when  requested  by  the  Secretary  of 
the  Treasury.     *     *     *. 

28  Stat.,  ch.  301,  p.  383. 

Sec.  1  (1894).  Replacing  lost  standard  weights  and  measures. — The 
Secretary  of  the  Treasury  *  *  *  is  *  *  *  authorized  and 
directed  to  furnish  precise  copies  of  standard  weights  and  measures 
bearing  the  seal  of  the  office  of  construction  of  standard  weights 
and  measures  of  the  United  States,  and  accompanied  by  a  suitable 
certificate,  to  any  State,  Territory,  or  institution  heretofore  furnished 
with  the  same,  upon  application  in  writing  by  the  governor  in  the 
case  of  a  State  or  Territory,  or  by  the  official  head  in  the  case  of 
an  institution,  setting  forth  that  the  copies  of  standards  applied  for 
are  to  replace  similar  ones  heretofore  furnished,  in  accordance  with 
law,  by  the  office  of  construction  of  standard  weights  and  measures 
of  the  United  States  which  have  been  lost  or  destroyed :  Provided, 
That  the  applicant  shall,  before  the  said  standards  are  delivered, 
first  deposit  with  the  Secretary  of  the  Treasury  the  amount  of  money 
necessary  to  defray  all  expenses  incurred  by  the  office  of  construc- 
tion of  standard  weights  and  measures  in  furnishing  the  same,  which 
amount  shall  be  covered  into  the  Treasury  of  the  United  States  to 
the  credit  of  miscellaneous  receipts,  as  soon  as  the  weights  or  meas- 
ures are  delivered  for  transportation  into  the  hands  of  such  persons 
as  are  designated  by  the  officers  ordering  the  same. 

XJ.  S.  Coast  and  Geodetic  Survey,  Bulletin  26,  Apr.  5,  1893;  yard  and 
pound  to  be  derived  from  meter  and  kilogram. — *  *  *  the  Office  of 
Weights  and  Measures,3  with  the  approval  of  the  Secretary  of  the 
Treasury,  will  in  the  future  regard  the  International  Prototype 
Metre  and  Kilogramme  as  fundamental  standards,  and  the  customary 
units,  the  yard  and  the  pound,  will  be  derived  therefrom  in 
accordance  with  the  act  of  July  28,  1866. 

R.  S.  3569  (1866). 

The  metric  system  authorized. — It  shall  be  lawful  throughout  the 
United  States  of  America  to  employ  the  weights  and  measures  of 

'Now  the  National   Bureau  of  Standards. 


8 


LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


the  metric  system;  and  no  contract  or  dealing,  or  pleading  in  any 
court,  shall  be  deemed  invalid  or  liable  to  objection  because  the 
weights  or  measures  expressed  or  referred  to  therein  are  weights  or 
measures  of  the  metric  system. 

E.  S.  3570  (1866). 

Authorized  tables  of  weights  and  measures;  equivalents  established. — 

The  tables  in  the  schedule  hereto  annexed  shall  be  recognized  in  the 
construction  of  contracts,  and  in  all  legal  proceedings,  as  establishing, 
in  terms  of  the  weights  and  measures  now  in  use  in  the  United  States, 
the  equivalents  of  the  weights  and  measures  expressed  therein  in 
terms  of  the  metric  system ;  and  the  tables  may  lawfully  be  used  for 
computing,  determining,  and  expressing  in  customary  weights  and 
measures  the  weights  and  measures  of  the  metric  system. 


Tables  of  units. 


MEASURES  OF  LENGTH 


Metric  denominations  and  values 



Myriameter - 10,000  meters. 

Kilometer 1,000  meters. 

Hectometer 100  meters. 

Dekameter -  10  meters. 

Meter - --  1  meter. 

Decimeter A  of  a  meter. 

Centimeter T?f„  of  a  meter. 

Millimeter -- tVos  of  a  meter. 


Equivalents  in  denominations  in  use 


6.  2137  miles. 

0.  62137  miles,  or  3,280  feet  and  10  inches. 

328  feet  and  1  inch. 

393.  7  inches. 

39.  37  inches. 

3. 937  inches. 

0. 3937  inch. 

0.0394  inch. 


MEASURES  OF  CAPACITY 


Metric  denominations  and  values 

Equivalents  in  denominations  in  use 

Names 

Number 
of  liters 

Cubic  measure 

Dry  measure 

Liquor  or  wine 
measure 

1,000 
100 
10 

1 
rV 

TU7TCF 

1  cubic  meter 

1.308  cub.  yards 

264. 17  gallons. 

Hectoliter. 

re  of  a  cubic  meter 

10  cubic  decimeters 

1  cubic  decimeter 

rs  of  a  cub.  decimete 

10  cubic  centimetersr 

1  cubic  centimeter 

2  bushels  and  3.35  pecks     . . . 
9. 08  quarts 

26. 417  gallons. 
2. 6417  gallons. 

0.908  quart 

1.0567  quarts. 

6. 1022  cub.  inch 

0. 845  gill. 

0. 6102  cub.  inch            

0. 338  fluid  ounce. 

Milliliter 

0. 061  cub.  inch      

0.  27  fluid  dram. 

MEASURES  OF  SURFACE 


M  etric  denominations  and  values 

Hectare - 10,000  square  meters. 

Are 100  square  meters. 

Centare.. - 1  square  meter. 


Equivalents  in  denominations  in  use 


2. 471  acres. 

119. 6  square  yards. 

1, 550  square  inches. 


WEIGHTS 


Metric  denominations  and  values 


Names 


Number  of 
grams 


Weight  of  what  quantity  of  water  at 
maximum  density 


Equivalents  in  de- 
nominations in  use 


Avoirdupois 
weight 


Millier  or  tonneau. 

Quintal 

Myriagram 

Kilogram  or  kilo... 

Hectogram 

Dekagram 

Gram _. 

Decigram 

Centigram. 

Milligram... 


1,000,000 

100, 000 

10, 000 

1,000 

100 

10 

1 
A 


1  cubic  meter 2204.6  pounds. 

1  hectoliter 220. 46  pounds. 


10  liters. 

1  liter 

1  deciliter 

10  cubic  centimeters 

1  cubic  centimeter.. 

A  of  a  cubic  centimeter. 

10  cubic  millimeters 

1  cubic  millimeter 


22. 046  pounds. 
2. 2046  pounds. 
3.  5274  ounces. 
0. 3527  ounce. 
15. 432  grains. 
1. 5432  grains. 
0. 1543  grain. 
0.0154  grain. 


UNITED   STATES  9 

28  Stat.,  ch.  131,  p.  102. 

Sec.  1  (1894).  Legal  units  of  electrical  measure  established. — *  *  * 
from  and  after  the  passage  of  this  act  the  legal  units  of  electrical 
measure  in  the  United  States  shall  be  as  follows: 

Unit  of  resistance,  ohm. — First.  The  unit  of  resistance  shall  be  what 
is  known  as  the  international  ohm,  which  is  substantially  equal  to 
one  thousand  million  units  of  resistance  of  the  centimeter-gram- 
second  system  of  electromagnetic  units,  and  represented  by  the 
resistance  offered  to  an  unvarying  electric  current  by  a  column  of 
mercury  at  the  temperature  of  melting  ice  fourteen  and  four  thou- 
sand live  hundred  and  twenty-one  ten-thousandths  grams  in  mass, 
of  a  constant  cross-sectional  area,  and  of  the  length  of  one  hundred 
and  six  and  three-tenths  centimeters. 

Unit  of  current,  ampere. — Second.  The  unit  of  current  shall  be  what 
is  known  as  the  international  ampere,  which  is  one-tenth  of  the  unit 
of  current  of  the  centimeter-gram-second  system  of  electromagnetic 
units,  and  is  the  practical  equivalent  of  the  unvarying  current, 
which,  when  passed  through  a  solution  of  nitrate  of  silver  in  water 
in  accordance  with  standard  specifications,  deposits  silver  at  the 
rate  of  one  thousand  one  hundred  and  eighteen  millionths  of  a  gram 
per  second. 

Unit  of  electromotive  force,  volt. — Third.  The  unit  of  electromotive 
force  shall  be  what  is  known  as  the  international  volt,  which  is  the 
electromotive  force  that,  steadily  applied  to  a  conductor  whose  resist- 
ance is  one  international  ohm,  will  produce  a  current  of  an  inter- 
national ampere,  and  is  practically  equivalent  to 4  one  thousand 
fourteen-hundred-and-thirty-fourths  of  the  electromotive  force  be- 
tween the  poles  or  electrodes  of  the  voltaic  cell  known  as  Clark's 
cell,  at  a  temperature  of  fifteen  degrees  centigrade,  and  prepared  in 
the  manner  described  in  the  standard  specifications. 

Unit  of  quantity,  coulomb. — Fourth.  The  unit  of  quantity  shall  be 
what  is  known  as  the  international  coulomb,  which  is  the  quantity 
of  electricity  transferi'ed  by  a  current  of  one  international  ampere 
in  one  second. 

Unit  of  capacity,  farad. — Fifth.  The  unit  of  capacity  shall  be  what 
is  known  as  the  international  farad,  which  is  the  capacity  of  a  con 
denser  charged  to  a  potential  of  one  international  volt  by  one  inter- 
national coulomb  of  electricit}'. 

Unit  of  work,  joule. — Sixth.  The  unit  of  work  shall  be  the  joule, 
which  is  equal  to  ten  million  units  of  work  in  the  centimeter-gram- 
second  system,  and  which  is  practically  equivalent  to  the  energy 
expended  in  one  second  by  an  international  ampere  in  an  interna- 
tional ohm. 

Unit  of  power,  watt. — Seventh.  The  unit  of  power  shall  be  the  watt 
which  is  equal  to  ten  million  units  of  power  in  the  centimetcr-gram- 
second  system,  and  which  is  practically  equivalent  to  the  work  done 
at  the  rate  of  one  joule  per  second. 

Unit  of  induction,  henry. — Eighth.  The  unit  of  induction  shall  be 
the  henry,  which  is  the  induction  in  a  circuit  when  the  electromotive 
force  induced  in  this  circuit  is  one  international  volt  while  the  induc- 
ing current  varies  at  the  rate  of  one  ampere  per  second. 

(  Equivalent  to  \ j,°. 


10  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  2.  Specification  for  practical  use  of  units. — That  it  shall  be  the 
rhity  of  the  National  Academy  of  Sciences  to  prescribe  and  publish, 
as  soon  as  possible  after  the  passage  of  this  act,  such  specifications 
of  details  as  shall  be  necessary  for  the  practical  application  of  the 
definitions  of  the  ampere  and  volt  hereinbefore  given,  and  such 
specifications  shall  be  the  standard  specifications  herein  mentioned.5 

Metric  Convention;8  International  Bureau  of  Weights  and  Measures. 

His  Excellency  the  President  of  the  United  States  of  America,  His 
Majestjr  the  Emperor  of  Germany,  His  Majesty  the  Emperor  of 
Austria-Hungary,  His  Majesty  the  King  of  the  Belgians,  His  Maj- 
esty the  Emperor  of  Brazil,  His  Excellency  the  President  of  the 
Argentine  Confederation,  His  Majesty  the  King  of  Denmark,  His 
Majesty  the  King  of  Spain,  His  Excellency  the  President  of  the 
French  Republic,  His  Majesty  the  King  of  Italy,  His  Excellency  the 
President  of  the  Republic  of  Peru,  His  Majesty  the  King  of  Portu- 
gal and  the  Argarves,  His  Majesty  the  Emperor  of  all  the  Russias, 
His  Majesty  the  King  of  Sweden  and  Norway,  His  Excellency  the 
President  of  the  Swiss  Confederation,  His  Majesty  the  Emperor  of 
the  Ottomans,  and  His  Excellencj'  the  President  of  the  Republic  of 
Venezuela,  desiring  international  uniformity  and  precision  in  stand- 
ards of  weight  and  measure,  have  resolved  to  conclude  a  conven- 
tion to  this  effect,  and  have  named  as  their  plenipotentiaries  the  fol- 
lowing:   *    *    * 

Who,  after  having  exhibited  their  full  powers,  which  were  found 
to  be  in  good  and  clue  form,  have  agreed  upon  the  following  articles : 

Article  1.  The  high  contracting  parties  engage  to  establish  and 
maintain,  at  their  common  expense,  a  scientific  and  permanent  inter- 
national bureau  of  weights  and  measures,  the  location  of  which  shall 
be  at  Paris. 

Art.  2.  The  French  Government  shall  take  all  the  necessary  meas- 
ures to  facilitate  the  purchase,  or,  if  expedient,  the  construction,  of 
a  building  which  shall  be  especially  devoted  to  this  purpose,  subject 
to  the  conditions  stated  in  the  regulations  which  are  subjoined  to 
this  convention. 

Art.  3.  The  operation  of  the  international  bureau  shall  be  under 
the  exclusive  direction  and  supervision  of  an  international  committee 
of  weights  and  measures,  which  latter  shall  be  under  the  control  of 
a  general  conference  for  weights  and  measures,  to  be  composed  of 
the  delegates  of  all  the  contracting  Governments. 

Art.  4.  The  general  conference  for  weights  and  measures  shall  be 
presided  over  by  the  president  for  the  time  being  of  the  Paris  Acad- 
emy of  Sciences. 

Art.  5.  The  organization  of  the  bureau,  as  well  as  the  formation 
and  the  powers  of  the  international  committee,  and  of  the  general 
conference  for  weights  and  measures,  are  established  by  the  regula- 
tions subjoined  to  this  convention. 

■"•  See  Bulletin  No.  2,  Bureau  of  Standards,  for  detailed  specifications  herein  pro- 
vided for. 

0  Metric  convention  (translation)  signed  at  Paris,  May  20,  1875;  ratification  advised 
by  the  Senate,  May  15,  1878;  ratified  by  the  President,  May  28,  1878;  ratifications 
exchanged,  August  2,  1878 ;  proclaimed,  September  27,  1878 :  As  amended  by  the 
convention  signed  at  Sevres,  October  6,  1921  ;  ratification  advised  by  the  Senate,  January 
5,  1923  ;  ratified  by  the  President,  September  19,  1923  ;  ratification  of  the  United  States, 
deposited  with  the  Government  of  the  French  Republic,  October  24,  1923;  proclaimed, 
October  27,  1923. 


"UNITED   STATES  11 

Art.  6.  The  international  bureau  of  weight  and  measures  shall  be 
charged  with  the  following  duties: 

First.  All  comparisons  and  verifications  of  the  new  prototypes  of 
the  meter  and  kilogram. 

Second.  The  custody  of  the  international  prototypes. 

Third.  The  periodical  comparison  of  the  national  standards  with 
the  international  prototypes  and  with  their  test  copies,  as  well  as 
comparisons  of  the  standard  thermometers. 

Fourth.  The  comparison  of  the  prototypes  with  the  fundamental 
standards  of  nonmetrical  weights  and  measures  used  in  different 
countries  for  scientific  purposes. 

Fifth.  The  sealing  and  comparison  of  geodesic  measuring  bars. 

Sixth.  The  comparison  of  standards  and  scales  of  precision,  the 
verification  of  which  may  be  requested  by  governments  or  by  scien- 
tific societies,  or  even  by  constructors  or  men  of  science. 

Art.  7.  After  the  committee  shall  have  proceeded  with  the  work 
of  coordinating  the  measures  relative  to  electric  units  and  when  the 
general  conference  shall  have  so  decided  by  a  unanimous  vote,  the 
bureau  will  have  charge  of  the  establishment  and  keeping  of  the 
standards  of  the  electric  units  and  their  test  copies  and  also  of  com- 
paring with  those  standards,  the  national  or  other  standards  of 
precision. 

The  bureau  is  also  charged  with  the  duty  of  making  the  deter- 
minations relative  to  physical  constants,  a  more  accurate  knowledge 
of  which  ma}T  be  useful  in  increasing  precision  and  further  insuring 
uniformity  in  the  provinces  to  which  the  above-mentioned  units 
belong  (article  6  and  first  paragraph  of  article  7). 

It  is  finally  charged  with  the  duty  of  coordinating  similar  de- 
terminations effected  in  other  institutions. 

Art.  8.  The  international  prototypes  and  standards  and  also  their 
test  copies  shall  be  deposited  in  the  bureau;  access  to  the  deposit 
shall  be  solely  reserved  for  the  international  committee. 

Art.  9.  The  entire  expense  of  the  construction  and  outfit  of  the 
international  bureau  of  weights  and  measures,  together  with  the 
annual  cost  of  its  maintenance  and  the  expenses  of  the  committee, 
shall  be  defrayed  by  contributions  from  the  contracting  states,  the 
amount  of  which  shall  be  computed  in  proportion  to  the  actual  popu- 
lation of  each. 

Art.  10.  The  amounts  representing  the  contributions  of  each  of  the 
contracting  States  shall  be  paid  at  the  beginning  of  each  year, 
through  the  ministry  of  foreign  affairs  of  France,  into  the  Caisse 
de  depots  et  consignations  at  Paris,  whence  they  may  be  drawn  as 
occasion  may  require,  upon  the  order  of  the  director  of  the  bureau. 

Art.  11.  Those  Governments  which  may  take  advantage  of  the 
privilege,  open  to  every  State,  of  acceding  to  this  convention  shall 
be  required  to  pay  a  contribution,  the  amount  of  which  shall  be 
fixed  by  the  committee  on  the  basis  established  in  article  9,  and  which 
shall  be  devoted  to  the  improvement  of  the  scientific  apparatus  of 
the  bureau. 

Art.  12.  The  high  contracting  parties  reserve  to  themselves  the 
power  of  introducing  into  the  present  convention,  by  common  con- 
sent, any  modifications  the  propriety  of  which  may  have  been  shown 
by  experience. 


12  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Art.  13.  At  the  expiration  of  twelve  years  this  convention  may  be 
abrogated  by  any  one  of  the  high  contracting  parties,  so  far  as  it  is 
concerned. 

Any  Government  which  may  avail  itself  of  the  right  of  terminating 
this  convention,  so  far  as  it  is  concerned,  shall  be  required  to  give 
notice  of  its  intentions  one  year  in  advance,  and  by  so  doing  shall 
renounce  all  rights  of  joint  ownership  in  the  international  prototypes 
and  in  the  bureau.     *     *     *. 

Appendix  No.  1  (translation),  Regulations. 

Article  1.  The  international  bureau  of  weights  and  measures  shall 
be  established  in  a  special  building,  possessing  all  the  necessary  safe- 
guards of  stillness  and  stability. 

It  shall  comprise,  in  addition  to  the  vault,  which  shall  be  devoted 
lo  the  safe-keeping  of  the  prototypes,  rooms  for  mounting  the  com- 
parators and  balances;  a  laboratory,  a  library,  a  room  for  the  ar- 
chives, workrooms  for  the  employes,  and  lodgings  for  the  watchmen 
and  attendants. 

Art.  2.  It  shall  be  the  duty  of  the  international  committee  to 
acquire  and  fit  up  the  aforesaid  building  and  to  set  in  operation  the 
work  for  which  is  was  designed. 

In  case  of  the  committee's  inability  to  obtain  a  suitable  building 
one  shall  be  built  under  its  directions  and  in  accordance  with  its 
plans. 

Art.  3.  The  French  Government  shall,  at  the  request  of  the  inter- 
national committee,  take  the  necessary  measures  to  cause  the 
bureau  to  be  recognized  as  an  establishment  of  public  utility. 

Art.  4.  The  international  committee  shall  cause  the  necessary  in- 
struments to  be  constructed,  such  as  comparators  for  the  standards  of 
line  and  end  measures,  apparatus  for  the  determination  of  absolute 
dilatations,  balances  for  weighing  in  air  and  in  vacuo,  comparators 
for  geodetic  measuring  bars,  etc. 

Art.  5.  The  entire  expense  incurred  in  the  purchase  or  construc- 
tion of  the  building,  and  in  the  purchase  and  placing  of  the  instru- 
ments and  apparatus,  shall  not  exceed  400,000  francs. 

Art.  6.  The  annual  appropriation  for  the  international  bureau 
consists  of  two  parts,  one  of  which  is  fixed,  the  other  complementary. 

The  fixed  part  is,  in  principle,  250,000  francs,  but  on  the  unanimous 
vote  of  the  committee  may  be  raised  to  300,000  francs.  It  is  borne 
by  all  the  States  and  autonomous  colonies  that  adhered  to  the  meter 
convention  before  the  sixth  general  conference. 

The  complementary  part  is  made  up  of  contributions  from  the 
States  and  autonomous  colonies  that  joined  the  convention  after  the 
aforesaid  general  conference.  The  committee  is  charged  with  the 
duty  of  drawing  up  on  the  motion  of  the  director  the  annual  budget, 
but  without  exceeding  the  amount  computed  in  accordance  with  the 
provisions  of  the  two  paragraphs  above.  The  budget  is  made  known 
every  year  by  means  of  a  special  financial  report  to  the  Governments 
of  the  high  contracting  parties. 

If  the  committee  find  it  necessary  either  to  increase  beyond  300,000 
francs  the  fixed  part  of  the  annual  appropriation  or  to  modify  the 
computation  of  the  contributions  as  determined  by  article  20  of 
these  regulations,  it  should  lay  the  matter  before  the  Governments 
so  as  to  enable  them  to  issue  in  good  time  the  needed  instructions 


UNITED   STATES  13 

to  their  delegates  to  the  next  general  conference  in  order  that  the 
said  conference  may  deliberate  to  good  purpose.  The  decision  will 
stand  only  in  the  case  that  no  opposition  shall  have  been  expressed 
before  or  in  the  conference  by  any  of  the  contracting  States. 

If  the  State  should  let  three  years  go  without  paying  its  contribu- 
tion, that  contribution  shall  be  divided  among  the  other  States 
proportionally  to  their  own  contribution.  The  additional  sum  thus 
paid  by  the  States  to  make  up  the  whole  of  the  appropriation  of  the 
bureau  shall  be  regarded  as  an  advance  to  the  delinquent  State  and 
shall  be  reimbursed  to  them  if  that  State  should  make  good  its 
arrears.  The  advantages  and  prerogatives  conferred  by  adhering  to 
the  meter  convention  are  suspended  in  the  case  of  States  that  have 
been  delinquent  three  years. 

After  three  more  years  the  delinquent  State  shall  be  expelled  from 
the  convention  and  the  reckoning  of  the  contributions  restored  in 
accordance  with  the  provisions  of  article  20  of  these  regulations. 

Art.  7.  The  general  conference  mentioned  in  article  3  of  this  con- 
vention shall  be  at  Paris,  upon  the  summons  of  the  international 
committee,  at  least  once  every  six  years. 

It  shall  be  its  duty  to  discuss  and  initiate  measures  necessary  for 
the  dissemination  and  improvement  of  the  metrical  system,  and  to 
pass  upon  such  new  fundamental  metrological  determinations  as  may 
haA?e  been  made  during  the  time  when  it  was  not  in  session.  It  shall 
receive  the  report  of  the  international  committee  concerning  the 
work  that  has  been  accomplished,  and  shall  replace  one-half  of  the 
international  committee  by  secret  ballot. 

The  voting  in  the  general  conference  shall  be  by  States;  each 
State  shall  be  entitled  to  one  vote. 

Each  of  the  members  of  the  international  committee  shall  be 
entitled  to  a  seat  at  the  meetings  of  the  conference.  They  may  at 
the  same  time  be  delegates  of  their  Governments. 

Art.  8.  The  international  committee  mentioned  at  article  3  of  the 
convention  shall  be  composed  of  18  members  all  from  different  States. 

At  the  time  of  the  renewal  by  halves  of  the  international  com- 
mittee the  outgoing  members  shall  be  first  those  who  may  have  been 
provisionally  elected  to  fill  vacancies  between  two  sessions  of  the 
conference;  the  others  will  be  drawn  by  lot.  Outgoing  members 
may  be  reelected. 

Art.  9.  The  international  committee  organizes  itself  by  electing  by 
its  own  secret  vote  its  chairman  and  secretary.  Those  appointments 
are  notified  to  the  Governments  of  the  high  contracting  parties. 

The  chairman  and  the  secretary  of  the  committee  and  the  director 
of  the  bureau  must  belong  to  different  countries. 

Once  organized,  the  committee  can  not  hold  other  elections  or 
make  other  appointments  except  before  three  months  shall  have 
elapsed  after  the  notice  of  a  vacancy  calling  for  a  vote  shall  have 
been  given  to  all  the  members. 

Art.  10.  The  international  committee  directs  all  the  metrological 
works  that  the  high  contracting  parties  shall  decide  to  have  carried 
on  jointly. 

It  is  also  charged  with  the  duty  of  seeing  to  the  conservation  of 
the  international  prototypes  and  standards. 

It  may,  lastly,  institute  the  cooperation  of  specialists  in  questions 
of  metrology  and  coordinate  the  results  of  their  work. 


14  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Art.  11.  The  committee  shall  meet  at  least  once  in  two  years. 

Art.  12.  The  balloting  in  the  committee  is  by  a  majority  vote; 
in  case  of  a  tie  vote  the  chairman  has  the  casting  vote. 

Decisions  are  only  valid  if  the  members  present  are  at  least  one 
half  of  the  elected  members  forming  the  committee. 

Subject  to  that  condition  absent  members  have  a  right  to  delegate 
their  votes  to  present  members  who  rmist  prove  that  they  have  been 
so  delegated.     This  also  applies  to  appointments  by  secret  ballot. 

The  director  of  the  bureau  is  a  nonvoting  member  of  the  com- 
mittee. 

Art.  13.  During  the  interval  occurring  between  two  sessions  the 
committee  shall  have  the  right  to  discuss  questions  by  correspondence. 

In  such  cases,  in  order  that  its  resolutions  may  be  considered  to 
have  been  adopted  in  due  form,  it  shall  be  necessary  for  all  the  mem- 
bers of  the  committee  to  have  been  called  upon  to  express  their 
opinions. 

Art.  14.  The  international  committee  for  weights  and  measures 
shall  provisionally  fill  such  vacancies  as  may  occur  in  it;  these  elec- 
tions shall  take  place  by  correspondence,  each  of  the  members  being 
called  upon  to  take  part  therein. 

Art.  15.  The  international  committee  will  draw  up  a  detailed  set 
of  regulations  for  the  organization  and  work  of  the  bureau  and  will 
fix  the  dues  to  be  paid  for  the  extraordinary  works  provided  by 
articles  6  and  7  of  the  convention. 

Those  dues  will  be  applied  to  improving  the  scientific  equipment 
of  the  bureau.  A  certain  amount  may  be  drawn  annually  for  the 
retirement  fund  from  the  total  dues  collected  by  the  bureau. 

Art.  18.  All  communications  from  the  international  committee  to 
the  Governments  of  the  high  contracting  parties  shall  take  place 
through  the  diplomatic  representatives  of  such  countries  at  Paris. 

For  all  matters  requiring  the  attention  of  the  French  authorities, 
the  committees  shall  have  recourse  to  the  ministry  of  foreign  affairs 
of  France. 

Art.  17.  A  regulation  drawn  up  by  the  committee  will  determine 
the  maximum  staff  for  each  category  of  the  personnel  of  the  bureau. 
The  director  and  his  assistants  shall  be  elected  by  secret  ballot  by 
the  international  committee.  Other  appointments  shall  be  notified 
to  the  Governments  of  the  high  contracting  parties.  The  director 
will  appoint  the  other  members  of  the  personnel  within  the  bounds 
laid  by  the  regulation  mentioned  in  the  first  paragraph  above. 

Art.  18.  The  director  of  the  bureau  shall  have  access  to  the  place 
where  the  international  prototypes  are  deposited  only  in  pursuance 
of  a  resolution  of  the  committee  and  in  the  presence  of  at  least  one 
of  its  members.  The  place  of  deposit  of  the  prototypes  shall  be 
opened  only  by  means  of  three  keys,  one  of  which  shall  be  in  the 
possession  of  the  director  of  archives  of  France,  the  second  in  that 
of  the  chairman  of  the  committee,  and  the  third  in  that  of  the 
director  of  the  bureau. 

The  standards  of  the  class  of  national  prototypes  alone  shall  be 
used  for  the  ordinary  comparing  work  of  the  bureau. 

Art.  19.  The  director  of  the  bureau  shall  annually  furnish  to  the 
committee:  First,  a  financial  report  concerning  the  accounts  of  the 
preceding  year,  which  shall  be  examined,  and  if  found  correct,  a 


UNITED   STATES 


15 


certificate  to  that  effect  shall  be  given  him;  second,  a  report  on  the 
condition  of  the  apparatus;  third,  a  general  report  concerning  the 
work  accomplished  during  the  course  of  the  year  just  closed. 

The  international  committee  shall  make  to  each  of  the  Govern- 
ments of  the  high  contracting  parties  an  annual  report  concerning 
all  its  scientific,  technical,  and  administrative  operations,  and 
concerning  those  of  the  bureau.  The  chairman  of  the  committee 
shall  make  a  report  to  the  general  conference  concerning  the  work 
that  has  been  accomplished  since  its  last  session. 

The  reports  and  publications  of  the  committee  shall  be  in  the 
French  language.  They  shall  be  printed  and  furnished  to  the  Gov- 
ernments of  the  high  contracting  parties. 

Art.  20.  The  scale  of  contributions  spoken  of  in  article  9  of  the 
convention  is  established  for  its  fixed  part  on  the  basis  of  the  appro- 
priation referred  to  in  article  6  of  the  present  regulations  and  of  the 
population;  the  normal  contribution  of  each  State  can  not  be  less 
than  five  to  a  thousand  nor  more  than  15  per  cent  of  the  whole  appro- 
priation, regardless  of  the  population.  In  order  to  establish  that 
scale,  it  shall  first  be  found  which  are  the  States  that  are  in  the  con- 
ditions required  for  the  minimum  and  maximum  and  the  remainder 
of  the  quota  shall  be  distributed  among  the  other  States  in  the  direct 
ratio  of  their  population. 

The  quota  thus  reckoned  stands  for  the  whole  time  included 
between  two  consecutive  general  conferences  and  can  only  be  modi- 
fied in  the  meanwhile  in  the  following  cases : 

(a)  If  one  of  the  adhering  States  allows  three  successive  years  to 
pass  without  making  its  payments; 

(&)  When,  on  the  contrary,  a  State  which  had  been  previously 
delinquent  for  more  than  three  years  pays  up  its  arrears,  and  the 
occasion  arises  to  return  to  the  other  Governments  the  advances 
made  by  them. 

The  complementary  contribution  is  computed  on  the  same  basis 
of  population  and  is  like  that  which  the  States  that  have  long 
belonged  to  the  convention  pay  under  the  same  conditions. 

If  after  adhering  to  the  convention  a  State  declares  it  would  like 
to  extend  the  benefits  thereof  to  one  or  more  of  its  colonies  that  are 
not  autonomous,  the  number  of  the  population  of  the  said  colonies 
Avould  be  added  to  that  of  the  State  in  reckoning  the  scale  of  con- 
tributions. 

When  a  colony  that  is  recognized  as  autonomous  shall  desire  to 
adhere  to  the  convention,  it  will  be  regarded  with  respect  to  its 
admission  into  the  convention  and  as  the  mother  country  may 
decide,  either  as  a  dependency  of  that  mother  country  or  as  a  con- 
tracting State. 

Art.  21.  The  expense  of  constructing  the  international  prototypes 
and  the  standards  and  test  copies  which  are  to  accompany  them  shall 
be  defrayed  by  the  high  contracting  parties  in  accordance  with  the 
scale  fixed  in  the  foregoing  article. 

The  amounts  to  be  paid  for  the  comparison  and  verification  of 
standards  required  by  States  not  represented  at  this  convention 
shall  be  regulated  by  the  committee  in  conformity  with  the  rates 
fixed  in  virtue  of  article  15  of  the  regulations. 

517—26 2 


16  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Art.  22.  These  regulations  shall  have  the  same  force  and  value 
as  the  convention  to  which  they  are  annexed.     *     *     * 

Appendix  No.  2  (translation),  Transient  Provisions. 

[The  text  of  these  provisions  is  omitted  since  they  no  longer  have 
any  significance.] 

Metric  Carat. 

Circular  No.  43,  Bureau  of  Standards,  issued  November  1,  1913. — Be- 
ginning July  1,  1913,  the  Bureau  of  Standards  will  recognize  the 
international  metric  carat  of  200  milligrams  as  the  unit  of  weight  for 
diamonds  and  other  precious  stones  and  will  use  this  unit  for  the 
purposes  of  certification  of  all  carat  weights  submitted  to  the  bureau 
for  test. 

Treasury  Department  order,  June  17,  1913,  to  collectors  and  other 
officers  of  the  customs. — On  and  after  July  1,  1913,  the  unit  of  weight 
for  imported  diamonds,  pearls,  and  other  precious  stones  will  be 
the  metric  carat  of  200  milligrams. 

Collectors  at  ports  now  equipped  with  scales  for  weighing  precious 
stones  will  make  requisition  for  a  new  set  of  weights  based  upon  such 
carat. 

Regulations  for  the  Government  of  the  U.  S.  Public  Health  Service,  ap- 
proved by  the  President,  August  29,  1920. 

Par.  516.  Use  of  metric  system  required. — Officers  shall,  for  all  official, 
medical,  and  pharmacal  purposes,  make  use  of  the  metric  system 
of  weights  and  measures. 

Army  Regulations. 

Regulations  40-590,  par.  17-b.  Use  of  metric  system  for  prescrip- 
tions.— Pharmacy  management.     *     *     * 

(b)  Records. 

1.  In  time  of  peace  and,  so  far  as  practicable,  in  time  of  war  all 
prescriptions  will  be  written  in  the  metric  system.     *     *     * 

37  Stat.,  ch.  117,  p.  732. 

Sec.  1  (1913).  Pure  food  regulations  amended;  packages  to  be  marked 
with  weight,  etc.,  proviso;  variations  and  exemptions  permitted. — That 
section  eight  of  an  act  entitled  "An  act  for  preventing  the  manu- 
facture, sale,  or  transportation  of  adulterated  or  misbranded  or 
poisonous  or  deleterious  foods,  drugs,  medicines,  and  liquors,  and 
for  regulating  traffic  therein,  and  for  other  purposes,"  approved 
June  thirtieth,  nine  hundred  and  six,  be,  and  the  same  is  hereby, 
amended  by  striking  out  the  words  "  Third.  If  in  package  form,  and 
the  contents  are  stated  in  terms  of  weight  or  measure,  they  are  not 
plainly  and  correctly  stated  on  the  outside  of  the  package,"  and 
inserting  in  lieu  thereof  the  following: 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package 
in  terms  of  weight,  measure,  or  numerical  count :  Provided,  however, 
That  reasonable  variations  shall  be  permitted,  and  tolerances  and 
also  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  made  in  accordance  with  the  provisions  of  section 
three  of  this  act. 


UNITED  STATES  17 

Sec.  2.  In  effect. — That  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage :  Provided,  however,  That  no  penalty  of 
fine,  imprisonment,  or  confiscation  shall  be  enforced  for  any  viola- 
tion of  its  provisions  as  to  domestic  products  prepared  or  foreign 
products  imported  prior  to  eighteen  months  after  its  passage. 

41  Stat.  ch.  26,  p.  234,  271  (1919). 

Wrapped  meats  required  to  have  net  contents  marked. — That  the 
word  "  package,"  where  it  occurs  the  second  and  last  time  in  the  act 
entitled  "An  act  to  amend  section  8  of  an  act  entitled,  'An  act  for 
preventing  the  manufacture,  sale,  or  transportation  of  adulterated 
.or  misbranded  or  poisonous  or  deleterious  foods,  drugs,  medicines, 
and  liquors,  and  for  regulating  traffic  therein,  and  for  other  pur- 
poses,' "  approved  March  3,  1913,  shall  include  and  shall  be  construed 
to  include  wrapped  meats  inclosed  in  papers  or  other  materials  as 
prepared  by  the  manufacturers  thereof  for  sale. 

IT.  S.  Department  of  Agriculture,  Circular  21,  Eighth  Revision,  Rules  and 
Regulations  for  the  Enforcement  of  the  Federal  Food  and  Drugs  Act, 
promulgated  May  20, 1922. 

Introduction. — The  accompanying  rules  and  regulations  for  the 
enforcement  of  the  food  and  drugs  act  of  June  30,  1906,  as  amended, 
supersede  those  previously  promulgated. 

Under  date  of  October  17,  1906,  40  rules  and  regulations  for  the 
enforcement  of  the  act  were  adopted.  These  original  40  regulations 
have  been  amended  and  modified  from  time  to  time  by  subsequent 
decisions,  but  heretofore  their  numerical  order  has  not  been  changed. 
The  present  revision  contains  but  31  regulations.  A  few  of  the  origi- 
nal regulations  have  been  dropped,  several  new  regulations  have 
been  added,  and  the  numerical  order  has  been  changed.     *     *     * 

Regulation  26. 7 — Statement  of  weight,  measure,  or  count. —  (a)  Ex- 
cept as  otherwise  provided  by  this  regulation,  a  package  of  food 
shall  be  plainly  and  conspicuously  marked  with  the  quantity  of 
the  contents  in  terms  of  weight,  measure,  or  numerical  count  on  the 
outside  of  the  container,  or  of  the  covering  of  the  package  usually 
delivered  to  the  consumer. 

(b)  The  quantity  of  the  contents  so  marked  shall  be  the  quantity 
of  food  in  the  package. 

(c)  The  statement  of  the  quantity  of  the  contents  shall  be  plain 
and  conspicuous,  shall  not  be  a  part  of  or  obscured  by  any  legend  or 
design,  and  shall  be  so  placed  and  in  such  characters  as  to  be  readily 
seen  and  clearly  legible  when  the  size  of  the  package  and  the  circum- 
stances under  which  it  is  ordinarily  examined  by  purchasers  or 
consumers  are  taken  into  consideration. 

(d)  The  quantity  of  the  contents  when  stated  by  weight  or  meas- 
ure shall  be  marked  in  terms  of  the  largest  unit  contained  in  the 
package,  except  that,  in  the  case  of  an  article  with  respect  to  which 
there  exists  a  definite  trade  custom  for  marking  the  quantity  of  the 
article  in  terms  of  fractional  parts  of  larger  units,  it  may  be  so 
marked  in  accordance  with  the  custom.  Common  fractions  shall 
be  reduced  to  their  lowest  terms;  fractions  expressed  as  decimals 

'  Formerly  regulation  29. 


18  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

shall  be  preceded  by  zero  and  shall  be  carried  out  to  not  more  than 
two  places. 

(e)  Statement  of  weight  shall  be  in  terms  of  the  avoirdupois 
pound  and  ounce;  statement  of  liquid  measure  shall  be  in  terms  of 
the  United  States  gallon  of  231  cubic  inches  and  its  customary  sub- 
divisions, i.  e.,  gallons,  quarts,  pints,  or  fluid  ounces,  and  shall  ex- 
press the  volume  of  the  liquid  at  68°  F.  (20°  C.) ;  statement  of  dry 
measure  shall  be  in  terms  of  the  United  States  standard  bushel  of 
2,150.42  cubic  inches  and  its  customary  subdivisions,  i.  e.,  bushels, 
pecks,  quarts,  or  pints,  or,  in  the  case  of  articles  in  barrels,  in  terms 
of  the  United  States  standard  barrel  and  its  lawful  subdivisions, 
i.  e.,  third,  half,  or  three-quarters  barrel,  as  fixed  by  the  act  or 
March  4,  1915  (38  Stat.  118G)  :  Provided,  That  statement  of  quan- 
tity may  be  in  terms  of  metric  weight  or  measure.  Statement  of 
metric  weight  shall  be  in  terms  of  kilograms  or  grams.  Statement 
of  metric  measure  shall  be  in  terms  of  liters  or  cubic  centimeters. 
Other  terms  of  metric  weight  or  measure  may  be  used  if  it  appears 
that  a  definite  trade  custom  exists  for  marking  articles  with  such 
other  terms  and  the  articles  are  marked  in  accordance  with  the 
custom. 

(/)  The  quantity  of  solids  shall  be  stated  in  terms  of  weight 
and  the  quantity  of  liquids  in  terms  of  measure,  except  that  in  case 
of  an  article  in  respect  to  which  there  exists  a  definite  trade  custom ; 
otherwise  the  statement  may  be  in  terms  of  weight  or  measure  in 
accordance  with  such  custom.  The  quantity  of  viscous  or  semisolid 
foods  or  of  mixtures  of  solids  and  liquids  may  be  stated  either  by 
weight  or  measure,  but  the  statement  shall  be  definite  and  shall  indi- 
cate whether  the  quantity  is  expressed  in  terms  of  weight  or  measure, 
as,  for  example,  "  weight  12  oz."  or  "  12  oz.  avoirdupois,"  "  volume  12 
ounces  "  or  "  12  fluid  ounces." 

(g)  The  quantity  of  the  contents  shall  be  stated  in  terms  of 
weight  or  measure  unless  the  package  is  marked  by  numerical  count 
and  such  numerical  count  gives  accurate  information  as  to  the 
quantity  of  the  food  in  the  package. 

(A)  The  quantity  of  the  contents  may  be  stated  in  terms  of  mini- 
mum weight,  minimum  measure,  or  minimum  count,  for  example, 
"  minimum  weight  10  oz.,"  "  minimum  volume  1  gallon,"  or  "  not 
less  than  4  fl.  oz.,"  but  in  such  case  the  statement  must  approximate 
the  actual  quantity  and  there  shall  be  no  tolerance  below  the  stated 
minimum. 

(i)  The  following  tolerances  and  variations  from  the  quantity 
of  the  contents  marked  on  the  package  shall  be  allowed : 

(1)  Discrepancies  due  exclusively  to  errors  in  weighing,  meas- 
uring, or  counting  which  occur  in  packing  conducted  in  compliance 
with  good  commercial  practice. 

(2)  Discrepancies  due  exclusively  to  differences  in  the  capacity 
of  bottles  and  similar  containers,  resulting  solely  from  unavoidable 
difficulties  in  manufacturing  such  bottles  or  containers  so  as  to  be 
of  uniform  capacity:  Provided,  That  no  greater  tolerance  shall  be 
allowed  in  case  of  bottles  or  similar  containers  which,  because  of 
their  design,  can  not  be  made  of  approximately  uniform  capacity 
than  is  allowed  in  case  of  bottles  or  similar  containers  which  can 
be  manufactured  so  as  to  be  of  approximately  uniform  capacity. 


UNITED  STATES  19 

(3)  Discrepancies  in  weight  or  measure  due  exclusively  to  dif- 
ferences in  atmospheric  conditions  in  various  places  and  which  un- 
avoidably result  from  the  ordinary  and  customary  exposure  of 
the  packages  to  evaporation  or  to  the  absorption  of  water. 

Discrepancies  under  classes  (1)  and  (2)  of  this  paragraph  shall 
be  as  often  above  as  below  the  marked  quantity.  The  reasonableness 
of  discrepancies  under  class  (3)  of  this  paragraph  will  be  determined 
on  the  facts  in  each  case. 

(j)  A  package  containing  one-half  avoirdupois  ounce  of  food  or 
less  is  "  small  "  and  shall  be  exempt  from  marking  in  terms  of 
weight. 

(k)  A  package  containing  one  fluid  ounce  of  food  or  less  is 
"  small "  and  shall  be  exempt  from  marking  in  terms  of  measure. 

(I)  When  a  package  is  not  required  by  paragraph  (g)  to  be 
marked  in  terms  of  either  weight  or  measure  and  the  units  of  food 
therein  are  six  or  less,  it  shall,  for  the  purpose  of  this  regulation, 
be  deemed  "  small "  and  shall  be  exempt  from  marking  in  terms  of 
numerical  count. 

37  Stat,  ch.  273,  p.  250. 

Sec.  1  (1912).  Apples,  standard  barrel  established  for;  proviso;  steel 
barrels.8 — That  the  standard  barrel  for  apples  shall  be  of  the  fol- 
lowing dimensions  when  measured  without  distention  of  its  parts: 
Length  of  stave,  twenty-eight  and  one-half  inches ;  diameter  of  head, 
seventeen  and  one-eighth  inches;  distance  between  heads,  twenty- 
six  inches ;  circumference  of  bulge,  sixty-four  inches  outside  measure- 
ment, representing  as  nearly  as  possible  seven  thousand  and  fifty- 
six  cubic  inches :  Provided,  That  steel  barrels  containing  the  interior 
dimensions  provided  for  in  this  section  shall  be  construed  as  a  com- 
pliance therewith. 

Sec.  2.  Grades  established  for  apples  in  interstate,  etc.,  commerce. — 
That  the  standard  grades  for  apples  when  packed  in  barrels  which 
shall  be  shipped  or  delivered  for  shipment  in  interstate  or  foreign 
commerce,  or  which  shall  be  sold  or  offered  for  sale  within  the  Dis- 
trict of  Columbia  or  the  Territories  of  the  United  States  shall  be 
as  follows:  Apples  of  one  variety,  which  are  well-grown  specimens, 
hand  picked,  of  good  color  for  the  variety,  normal  shape,  practically 
free  from  insect  and  fungous  injury,  bruises,  and  other  defects, 
except  such  as  are  necessarily  caused  in  the  operation  of  packing, 
or  apples  of  one  variety  which  are  not  more  than  ten  per  centum 
below  the  foregoing  specifications  shall  be  "  Standard  grade  mini- 
mum size  two  and  one-half  inches,"  if  the  minimum  size  of  the  apples 
is  two  and  one-half  inches  in  transverse  diameter ;  "  Standard  grade 
minimum  size  two  and  one-fourth  inches,"  if  the  minimum  size  of 
the  apples  is  two  and  one-fourth  inches  in  transverse  diameter;  or 
"  Standard  grade  minimum  size  two  inches,"  if  the  minimum  size  of 
the  apples  is  two  inches  in  transverse  diameter. 

Sec.  3.  Branding  of  barrels.— That  the  barrels  in  which  apples  are 
packed  in  accordance  with  the  provision  of  this  act  may  be  branded 
in  accordance  with  section  two  of  this  act. 

8  The  provisions  of  this  chapter  have  been  modified  to  some  extent  by  the  provisions 
of  the  standard  bnrrel  law,  passed  in  1915  C-iH  Stat.,  ch.  158,  p.  1186),  and  therefore 
this  latter  act  should  be  consulted  in  this  connection.     (See  p.  20.) 


20  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  4.  Requirements  for  barrels;  marking. — That  all  barrels  packed 
with  apples  shall  be  deemed  to  be  below  standard  if  the  barrel  bears 
any  statement,  design,  or  device  indicating  that  the  barrel  is  a  stand- 
ard barrel  of  apples,  as  herein  defined,  and  the  capacity  of  the  barrel 
is  less  than  the  capacity  prescribed  by  section  one  of  this  act,  unless 
the  barrel  shall  be  plainly  marked  on  end  and  side  with  words  or 
figures  showing  the  fractional  relation  which  the  actual  capacity  of 
the  barrel  bears  to  the  capacity  prescribed  by  section  one  of  this  act. 
The  marking  required  by  this  paragraph  shall  be  in  block  letters  of 
a  size  not  less  than  seventy-two  point  one-inch  gothic. 

Sec.  5.  Misbranding;  contents  below  standard;  insufficient  statement. — 
That  barrels  packed  with  apples  shall  be  deemed  to  be  misbranded 
within  the  meaning  of  this  act — - 

First.  If  the  barrel  bears  any  statement,  design,  or  device  indicat- 
ing that  the  apples  contained  therein  are  "  Standard  "  grade  and 
the  apples  when  packed  do  not  conform  to  the  requirements  pre- 
scribed by  section  two  of  this  act. 

Second.  If  the  barrel  bears  any  statement,  design,  or  device  indi- 
cating that  the  apples  contained  therein  are  "  Standard  "  grade  and 
the  barrel  fails  to  bear  also  a  statement  of  the  name  of  the  variety, 
the  name  of  the  locality  where  grown,  and  the  name  of  the  packer 
or  the  person  by  whose  authority  the  apples  were  packed  and  the 
barrel  marked. 

Sec.  6.  Penalty  for  violations. — That  any  person,  firm  or  corpora- 
tion, or  association  who  shall  knowingly  pack  or  cause  to  be  packed 
apples  in  barrels  or  who  shall  knowingly  sell  or  offer  for  sale  such 
barrels  in  violation  of  the  provisions  of  this  act  shall  be  liable  to  a 
penalty  of  one  dollar  and  costs  for  each  such  barrel  so  sold  or  offered 
for  sale,  to  be  recovered  at  the  suit  of  the  United  States  in  any  court 
of  the  United  States  having  jurisdiction. 

38  Stat,  ch.  158,  p.  1186. 

Sec.  1  (1915).  Fruits,  vegetables,  etc.,  standard  barrel  established  for; 
proviso;  cubic  capacity  accepted;  standard  barrel  for  cranberries.9 — 
That  the  standard  barrel  for  fruits,  vegetables,  and  other  dry 10 
commodities  other  than  cranberries  shall  be  of  the  following  dimen- 
sions when  measured  without  distention  of  its  parts:  Length  of 
stave,  twenty-eight  and  one-half  inches;  diameter  of  heads,  seven- 
teen and  one-eighth  inches;  distance  between  heads,  twenty -six 
inches;  circumference  of  bulge,  sixty-four  inches,  outside  measure- 
ment; and  the  thickness  of  staves  not  greater  than  four-tenths  of 
an  inch:  Provided,  That  any  barrel  of  a  different  form  having  a 
capacity  of  seven  thousand  and  fifty-six  cubic  inches  shall  be  a 
standard  barrel.  The  standard  barrel  for  cranberries  shall  be  of 
the  following  dimensions  when  measured  without  distention  of  its 
parts:  Length  of  staves,  twenty-eight  and  one-half  inches;  diameter 
of  head,  sixteen  and  one-fourth  inches;  distance  between  heads, 
twenty-five  and  one-fourth  inches;  circumference  of  bulge,  fifty  - 

*  This  law  applies  not  only  in  interstate  commerce,  but  to  commerce  within  the 
States  as  well,  and  it  appears  to  be  the  consensus  of  opinion  of  recognized  authorities 
on  law  that  such  a  law  passed  by  Congress  nullifies  all  State  legislation  in  so  far  as  the 
latter  is  in  conflict  with  it.  Hence  for  a  correct  interpretation  of  a  State  law  per- 
taining to  barrels  it  must  be  read  in  connection  with  this  act  of  Congress. 

10  Lime  is  not  now  included  within  the  purview  of  this  law,  since  a  more  recent  act 
(39  Stat.,  ch.  396,  p.  530)  has  established  standard  barrels  for  lime  upon  a  weight 
basis  (see  p.  26). 


UNITED   STATES 


21 


eight  and  one-half  inches,  outside  measurement;  and  the  thickness 
of  staves  not  greater  than  four-tenths  of  an  inch. 

Sec.  2.  Sales  in  less  capacity  than  standard  a  misdemeanor;  punish- 
ment; proviso;  exports. — That  it  shall  be  unlawful  to  sell,  offer,  or 
expose  for  sale  in  any  State,  Territory,  or  the  District  of  Columbia, 
or  to  ship  from  any  State,  Territory,  or  the  District  of  Columbia  to 
any  other  State,  Territory,  or  the  District  of  Columbia  or  to  a  for- 
eign country,  a  barrel  containing  fruits  or  vegetables  or  any  other 
dry  commodity  of  less  capacity  than  the  standard  barrels  defined  in 
the  first  section  of  this  act,  or  subdivisions  thereof  known  as  the 
third,  half,  and  three-quarters  barrel,  and  any  person  guilty  of  a 
willful  violation  of  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  liable  to  a  fine  not  to  exceed  $500, 
or  imprisonment  not  to  exceed  six  months,  in  the  court  of  the  United 
States  having  jurisdiction :  Provided,  however,  That  no  barrel  shall 
be  deemed  below  standard  within  the  meaning  of  this  act  when 
shipped  to  any  foreign  country  and  constructed  according  to  the 
specifications  or  directions  of  the  foreign  purchaser  if  not  constructed 
in  conflict  with  the  laws  of  the  foreign  country  to  which  the  same  is 
intended  to  be  shipped. 

Sec.  3.  Variations  permitted;  prosecutions;  proviso;  sales  by  weight 
er  count  excepted. — That  reasonable  variations  shall  be  permitted 
and  tolerance  shall  be  established  by  rules  and  regulations  made  by 
the  director  of  the  Bureau  of  Standards  and  approved  by  the  Secre- 
tary of  Commerce.  Prosecutions  for  offenses  under  this  act  may  be 
begun  upon  complaint  of  local  sealers  of  weights  and  measures  or 
other  officers  of  the  several  States  and  Territories  appointed  to  en- 
force the  laws  of  the  said  States  or  Territories,  respectively,  relating 
to  weights  and  measures:  Provided,  however,  That  nothing  in  this 
act  shall  apply  to  barrels  used  in  packing  or  shipping  commodities 
sold  exclusively  by  weight  or  numerical  count. 

Bureau  of  Standards,  Circular  No.  71,  Rules  and  Regulations  Promul- 
gated Under  Authority  of  the  Eederal  Standard-Barrel  Law,  Issued 
Sept.  18,  1917. 

In  accordance  with  the  provisions  of  section  3  of  the  act  to  fix 
the  standard  barrel  for  fruits,  vegetables,  and  other  dry  commodi- 
ties (38  Stat.,  ch.  158,  p.  1186,  63c^  Cong.),  approved  March  4,  1915, 
there  are  hereby  promulgated  rules  and  regulations,  made  by  the 
Director  of  the  Bureau  of  Standards  and  approved  by  the  Secretary 
of  Commerce. 

Paragraph  1.  (a)  The  capacities  of  the  standard  barrel  for  fruits, 
vegetables,  and  other  dry  commodities,11  other  than  cranberries, 
and  its  subdivisions  at\>  as  follows : 


Size 


Barrel.. 
%.  barrel 
Yi  barrel 
\i  barrel 


Cubic 
inches 


7,050 
5,292 
3,528 
2,352 


Bushels  < 


3.281 
2. 461 
1.  641 

1.094 


Quarts  • 


105 
78?i 
52M 
35 


"  Struck  moasuro. 

11  Lime  is  not  included  within  the  purview  of  the  law  or  of  these  rules  and  regulations,  since  a  more  recent 
act  (39  Stat.,  ch.,  300,  p.  530  )  has  established  standard  barrels  especially  for  lime,  upon  a  weight  basis. 


22 


LAWS   CONCERNING  WEIGHTS  AND   MEASURES 


(b)  The  capacities  of  the  standard  cranberry  barrel  and  its  sub- 
divisions are  as  follows: 


Size 


Cubic 
inches 


Bushels ' 


Quarts ' 


Cranberry  barrel . . 
%  cranberry  barrel 
i4  cranberry  barrel 
}i  cranberry  barrel 


5,826 
4, 369.  5 
2,913 
1,942 


2.709 
2.032 
1.355 
0.903 


86J| 

43» 
28J* 


'  Struck  measure. 

Par.  2.  (a)  Any  barrel  having  the  dimensions  specified  for  a 
standard  barrel  for  fruits,  vegetables,  and  other  dry  commodities 
other  than  cranberries,  in  section  1  of  the  standard-barrel  law,  or 
any  barrel  or  a  subdivision  thereof  having  the  contents  specified  in 
section  1  of  the  standard-barrel  law  and  in  paragraph  1  (a)  of 
these  rules  and  regulations,  regardless  of  its  form  or  dimensions, 
is  a  legal  standard  barrel  for  fruits,  vegetables,  or  other  dry  com- 
modities other  than  cranberries,  or  a  legal  subdivision  thereof. 
No  other  barrel  or  subdivision  in  barrel  form  is  a  legal  container 
for  fruits,  vegetables,  or  other  dry  commodities  other  than  cran- 
berries. 

(b)  Any  barrel  having  the  dimensions  specified  for  a  standard 
barrel  for  cranberries  in  section  1  of  the  standard-barrel  law,  or 
any  subdivision  thereof  having  the  contents  specified  in  para- 
graph 1  (b)  of  these  rules  and  regulations,  regardless  of  its  form  or 
dimensions,  is  a  legal  standard  barrel  for  cranberries  or  a  legal 
subdivision  thereof.  No  other  barrel  or  subdivision  in  barrel  form 
is  a  legal  container  for  cranberries. 

Par.  3.  The  tolerance  established  hereafter  for  the  dimension 
specified  as  "  distance  between  heads  "  shall  be  applied  as  follows 
on  the  various  types  of  barrels  in  use : 

(a)  When  a  barrel  or  subdivision  thereof  has  two  heads,  the 
tolerance  shall  be  applied  to  the  distance  between  the  inside  sur- 
faces of  the  heads  and  perpendicular  to  them. 

(b)  When  a  barrel  or  subdivision  thereof  has  but  one  head  and 
a  croze  ring  or  other  means  for  the  insertion  of  a  head,  such  as  an 
inside  hoop,  etc.,  at  the  opposite  end,  the  tolerance  shall  be  applied 
to  the  distance  from  the  inside  surface  of  the  bottom  head  and 
perpendicular  to  it  to  the  inside  edge  of  the  croze  ring,  or  to  a 
point  where  the  inside  surface  of  a  head  would  come  were  such 
head  inserted  in  the  barrel. 

(c)  When  a  barrel  or  subdivision  thereof  has  but  one  head  and 
no  croze  ring  or  other  means  for  the  insertion  of  a  head,  such  as 
an  inside  hoop,  etc.,  at  the  opposite  end,  the  tolerance  shall  be 
applied  to  the  distance  from  the  inside  surface  of  the  bottom  head 
and  perpendicular  to  it  to  a  point  iy8  inches  from  the  opposite 
end  of  the  staves  in  the  case  of  a  barrel  or  a  %  barrel,  and  to  a  point 
1  inch  or  %  inch  from  the  opposite  end  of  the  staves  in  the  case  of 
the  y2  barrel  and  y3  barrel,  respectively.  When  a  barrel  or  sub- 
division thereof  has  been  manufactured  with  but  one  head  and  no 


UNITED  STATES  23 

croze  ring  or  other  means  for  the  insertion  of  a  head  at  the  opposite 
end,  and  it  is  desired  to  insert  a  second  head,  the  croze  ring  shall 
he  so  cut  that  the  inside  edge  shall  not  be  more  than  V/8  inches 
from  the  end  of  the  staves  in  the  case  of  a  barrel  or  %  barrel  or 
not  more  than  1  inch  or  %  inch  from  the  end  of  the  staves  in  the 
case  of  the  y2  barrel  and  %  barrel,  respectively,  or  the  other  means 
shall  be  so  adjusted  that  the  inside  surface  of  the  head  when  in- 
serted shall  not  exceed  these  distances  from  the  end  of  the  staves. 

Par.  4.  The  tolerance  established  hereafter  for  the  dimension 
specified  as  "diameter  of  head"  shall  be  applied  to  the  diameter 
of  the  head  over  all,  including  the  part  which  fits  into  the  croze 
ring  of  the  completed  barrel. 

The  tolerance  established  hereafter  for  the  dimension  specified 
as  "  effective  diameter  of  head  "  shall  be  applied  as  follows  on  the 
various  types  of  barrels  and  subdivisions  in  use : 

(a)  When  a  barrel  or  subdivision  thereof  has  two  heads,  the  tol- 
erance shall  be  applied  to  the  mean  of  the  average  diameters  from 
inside  to  inside  of  staves  at  the  inner  edges  of  the  heads. 

(b)  When  a  barrel  or  subdivision  thereof  has  but  one  head  and 
a  croze  ring  or  other  means  for  the  insertion  of  a  head  at  the  oppo- 
site end,  the  tolerance  shall  be  applied  to  the  mean  of  the  average 
diameters,  one  taken  from  inside  to  inside  of  staves  at  the  inner 
edge  of  the  head,  the  other  from  inside  to  inside  of  staves  at  the 
inner  edge  of  the  croze  ring,  or  from  inside  to  inside  of  staves  at  a 
point  where  the  inside  surface  of  a  head  would  come  were  such  head 
inserted  in  the  barrel. 

(c)  When  a  barrel  or  subdivision  thereof  has  but  one  head  and 
no  croze  ring  or  other  means  for  the  insertion  of  a  head  at  the 
opposite  end,  the  tolerance  shall  be  applied  to  the  mean  of  the 
average  diameters,  one  taken  from  inside  to  inside  of  staves  at 
the  inner  edge  of  the  head,  the  other  taken  from  inside  to  inside  of 
staves  at  a  point  iy8  inches  from  the  end  of  the  staves  in  the  case  of 
a  barrel  or  %  barrel,  or  at  a  point  1  inch  or  %  inch  from  the  end  of 
the  staves  in  the  case  of  a  y2  barrel  or  %  barrel,  respectively. 

The  standard  allowance  for  depth  of  croze  ring  shall  be  -{^  inch. 
Therefore,  the  standard  "  effective  diameter  of  head  "  in  the  case  of 
the  standard  barrel  is  16%  inches  and  in  the  case  of  the  standard 
cranberry  barrel  is  15%  inches. 

Par.  5.  Whenever  in  these  rules  and  regulations  the  error  on  a 
dimension  is  mentioned,  this  error  shall  be  determined  by  taking  the 
difference  between  the  actual  measured  dimension  and  the  standard 
dimension.  The  error  is  an  error  in  excess  and  is  to  be  preceded 
by  a  plus  sign  when  the  measured  dimension  is  greater  than  the 
standard  dimension.  The  error  is  an  error  in  deficiency  and  is  to 
be  preceded  by  a  minus  sign  when  the  measured  dimension  is  less 
than  the  standard  dimension. 

(a)  The  standard  dimensions  of  a  barrel  for  fruits,  vegetables, 
and  other  dry  commodities  other  than  cranberries,  and  of  a  barrel 
for  cranberries,  with  which  the  actual  measured  dimensions  arc  to 
be  compared,  are  as  follows : 


24 


LAWS   CONCERNING   WEIGHTS  AND   MEASURES 


Dimensions 


Barrel  for 
fruits,  vege- 
tables, and 

other  dry 
commodities 
other  than 
cranberries 


Barrel  for 
cranberries 


Diameter  of  head .. 

Effective  diameter  of  head  (see  par.  4) 

Distance  between  heads - 

Circumference  of  bulge,  outsido  measurement 
Length  of  stave — 


Inches 

nys 

16M 
26 

64 
28% 


In'hes 
1CK 

im 

25M 
58% 

28% 


(b)   In  the  case  of  all  subdivisions  of  the  barrel  for  fruits,  vege- 
tables, and  other  dry  commodities  other  than  cranberries,  and  all 
subdivisions  of  the  barrel  for  cranberries,  the  following  dimensions 
hereby   standardized   for   the   purpose   of  the   application  of 


are 


tolerances,  and  the  actual  measured  dimensions  are  to  be  compared 
with  these: 


Subdivisions  of  barrel  for  fruits,  vegetables,  and  other  dry  commodities  other 

than  cranberries 


Dimensions 

%  barrel 

%  barrel 

%  barrel 

Effective  diameter  of  head  (see  par.  4) 

Inches 
15% 
23'/3 
58% 

Inches 

13% 

20% 
51% 

Inches 
11% 

18 

Circumference  of  bulge,  outside  measurement     _ 

45% 

Subdivision's  of  barrel  for  cranberries 

Dimensions 

%  barrel 

%  barrel 

%  barrel 

Effective  diameter  of  head  (see  par.  4) 

Inches 

23 

53% 

Inches 
12% 
20 
47 

Inches 
11 

Distance  between  heads..         .                         

17% 

Circumference  of  bulge,  outside  measurement 

41% 

Par.  6.  For  the  purpose  of  the  application  of  tolerances,  barrels 
for  fruits,  vegetables,  and  other  dry  commodities  other  than  cran- 
berries, are  hereby  divided  into  two  classes  as  follows: 

Class  1  shall  include  (a)  all  barrels  no  dimension  of  which  is  in 
error  by  more  than  the  following  amounts,  and  (b)  all  barrels  one 
or  more  of  the  dimensions  of  which  are  in  error  by  more  than  the 
following  amounts,  and  which  in  addition  have  no  dimension  in 
error  in  the  opposite  direction: 

Error,  inches 

Effective  diameter  of  head % 

Distance  between  heads % 

Circumference  of  bulge,  outside  measurement 1% 

Class  2  shall  include  all  barrels  at  least  one  dimension  of  which 
is  in  error  by  more  than  the  amounts  given  above,  but  which  in 
addition  have  at  least  one  dimension  in  error  in  the  opposite  direc- 
tion. (This  class  includes  all  barrels  mentioned  in  section  1  of 
the  law  in  the  proviso  reading:  "Provided,  That  any  barrel  of  a 


UNITED  STATES  25 

different  form  having  a  capacity  of  seven  thousand  and  fifty-six 
cubic  inches  shall  be  a  standard  barrel.") 

Par.  7.  (a)  The  tolerances  to  be  allowed  in  excess  or  in  deficiency 
on  the  dimensions  of  all  barrels  of  class  1  shall  be  as  follows : 

Tolerance,  inches 

Diameter  of  head % 

Effective  diameter  of  head % 

Distance  between  heads % 

Circumference  of  bulge,   outside  measurement 1% 

Length  of  stave % 

If  no  dimension  of  a  barrel  of  class  1  is  in  error  by  more  than  the 
tolerance  given  above,  then  the  barrel  is  within  the  tolerance  allowed. 

If  one  or  more  of  the  dimensions  of  a  barrel  of  class  1  is  in  error 
by  more  than  the  tolerance  given  above,  then  the  barrel  is  not  within 
the  tolerance  allowed. 

(5)  The  tolerance  to  be  allowed  in  excess  or  in  deficiency  on  all 
barrels  of  class  2  shall  be  1%  inches  (1.5  inches),  and  this  tolerance 
is  to  be  applied  to  the  result  obtained  by  the  application  of  the  fol- 
lowing rule: 

Having  determined  the  errors  of  each  dimension  and  given  to  each 
its  proper  sign  (see  par.  5),  add  the  errors  on  the  effective  diameter 
of  head  and  the  distance  between  heads  algebraically  and  multiply 
the  result  by  1.67  (or  5/3).  Then  add  this  result  to  the  error  on  the 
circumference  of  bulge  algebraically.  If  the  result  obtained  is  not 
greater  than  the  tolerance  given  above,  then  the  barrel  is  within 
the  tolerance  allowed;  if  the  result  is  greater  than  this  tolerance, 
then  the  barrel  is  not  within  the  tolerance  allowed. 

Note. — To  And  the  algebraic  sum  of  a  number  of  quantifies  having  different 
signs,  first  add  all  those  having  one  sign  ;  then  arid  all  those  having  the  opposite 
sign ;  then  subtract  the  smaller  sum  from  the  larger,  giving  this  result  the  sign 
of  the  larger  quantity. 

(<?)  The  tolerance  to  be  allowed  in  excess  or  in  deficiency  on  the 
dimensions  of  all  barrels  for  cranberries  shall  be  as  follows: 

Tolerance,  inches 

Diameter  of  head % 

Effective  diameter  of  hear! % 

Distance  between  heads % 

Circumference  of  bulge,  outside  measurement 1% 

Length  of  stave % 

If  no  dimension  of  a  barrel  for  cranberries  is  in  error  by  more 
than  the  tolerance  given  above,  then  the  barrel  is  within  the  toler- 
ance allowed. 

If  one  or  more  of  the  dimensions  of  a  barrel  for  cranberries  is  in 
error  by  more  than  the  tolerance  given  above,  then  the  barrel  is  not 
within  the  tolerance  allowed. 

(d)  The  tolerances  to  be  allowed  in  excess  or  in  deficiency  on  all 
subdivisions  of  the  standard  barrel  for  fruits,  vegetables,  and  other 
dry  commodities  other  than  cranberries,  and  on  all  subdivisions  of 
the  standard  barrel  for  cranberries,  shall  be  the  values  given  in  the 
following  table,  and  these  tolerances  are  to  be  applied  to  the  result 
obtained  by  the  application  of  the  following  rule : 

Having  determined  the  errors  on  each  dimension  and  given  to 
each  its  proper  sign  (see  par.  5),  add  the  errors  on  the  effective 
diameter  of  head  and  the  distance  between  heads  algebraically  and 


26 


LAWS   CONCERNING  WEIGHTS  AND   MEASURES 


multiply  the  result  by  1.67  (or  5/3).  Then  add  this  result  to  the 
error  on  the  circumference  of  bulge  ^  algebraically.  If  the  result 
obtained  is  not  greater  than  the  tolerance  given  in  the  following 
(able  for  the  proper  subdivision,  then  the  barrel  is  within  the  toler- 
ance allowed;  if  the  result  is  greater  than  this  tolerance,  then  the 
barrel  is  not  within  the  tolerance  allowed. 


Size  of  subdivision 


Tolerance 


For  fruits, 
vegetables, 
and  other 
dry  com- 
modities 


For  cran- 
berries 


%  barrel 
%  barrel 
}4  barrel 


Inches 

m  (1-375) 
1M  (1.25) 
IH  (1.125) 


Inches 
IK  (1-25) 

m  d-125) 

1      (1.00) 


Note. — -The  above  rules  and  regulations  refer  entirely  to  individual  barrels, 
and  no  separate  tolerance  has  been  placed  on  the  average  content  of  a  number 
of  barrels  taken  at  random  from  a  shipment.  It  is  not  believed  that  barrels 
can  be  so  made  as  to  take  advantage  of  the  tolerances,  and,  of  course,  no 
attempt  should  be  made  to  do  this.  It  is,  therefore,  expected  that  as  many 
barrels  will  be  above  as  below  the  standai-d  capacity.  Investigations  will  be 
conducted  during  the  present  shipping  season  for  the  purpose  of  ascertaining 
whether  this  expectation  is  fulfilled.  If  it  is  not,  then  additional  regulations 
will  be  issued  in  the  future  governing  this  matter. 

39  Stat.,  ch.  396,  p.  530. 

Sec.  1  (1916).  Lime  barrels;  standard  sizes  established. — That  there 
is  hereby  established  a  large  and  a  small  barrel  of  lime,  the  large 
barrel  to  consist  of  two  hundred  and  eighty  pounds  and  the  small 
barrel  to  consist  of  one  hundred  and  eighty  pounds,  net  weight. 

Sec.  2.  Sales  in  interstate  and  foreign  commerce  without  specified  mark- 
ing, unlawful. — That  it  shall  be  unlawful  for  any  person  to  sell  or 
offer  for  sale  lime  imported  in  barrels  from  a  foreign  country,  or 
to  sell  or  offer  for  sale  lime  in  barrels  for  shipment  from  any  State 
or  Territory  or  the  District  of  Columbia,  to  any  other  State  or 
Territory  or  the  District  of  Columbia,  unless  there  shall  be  stenciled 
or  otherwise  clearly  marked  on  one  or  both  heads  of  the  small  barrel 
the  figures  "  180  lbs.  net "  and  of  the  large  barrel  the  figures  "  280 
lbs.  net  "  before  the  importation  or  shipment,  and  on  either  barrel 
in  addition  the  name  of  the  manufacturer  of  the  lime  and  where 
manufactured,  and,  if  imported,  the  name  of  the  country  from 
which  it  is  imported. 

Sec.  3.  Fractional  parts  of  small  barrel;  marking  required. — When 
lime  is  sold  in  interstate  or  foreign  commerce  in  containers  of  less 
capacity  than  the  standard  small  barrel,  it  shall  be  sold  in  fractional 
parts  of  said  standard  small  barrel,  and  the  net  weight  of  lime 
contained  in  such  container  shall  by  stencil  or  otherwise  be  clearly 
marked  thereon,  together  with  the  name  of  the  manufacturer  thereof, 
and  the  name  of  the  brand,  if  any,  under  which  it  is  sold,  and,  if 
imported,  the  name  of  the  country  from  which  it  is  imported. 

Sec.  4.  Regulations,  etc.,  to  be  made;  variations  allowed. — That  rules 
and  regulations  for  the  enforcement  of  this  act,  not  inconsistent  with 
the  provisions  of  the  act,  shall  be  made  by  the  Director  of  the 


UNITED  STATES  27 

Bureau  of  Standards  and  approved  by  the  Secretary  of  Commerce, 
and  that  such  rules  and  regulations  shall  include  reasonable  varia- 
tions or  tolerances  which  may  be  allowed. 

Sec.  5.  Interstate  shipments  unmarked,  etc.,  unlawful;  when  less  than 
standard;  penalty. — That  it  shall  be  unlawful  to  pack,  sell,  or  offer 
for  sale  for  shipment  from  any  State  or  Territory  or  the  District 
of  Columbia  to  any  other  State  or  Territory  or  the  District  of 
Columbia,  any  barrels  or  other  containers  of  lime  which  are  not 
marked  as  provided  in  sections  two  and  three  of  this  act,  or  to  sell, 
charge  for,  or  purport  to  deliver  from  any  State  or  Territory  or 
the  District  of  Columbia  to  any  other  State  or  Territory  or  the 
District  of  Columbia,  as  a  large  or  small  barrel  or  a  fractional  part 
of  said  small  barrel  of  lime,  any  less  weight  of  lime  than  is  estab- 
lished by  the  provisions  of  this  act;  and  any  person  guilty  of  a 
violation  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  liable  to  a  fine  not  exceeding  $100. 

Sec.  6.  Prosecutions. — That  it  shall  be  the  duty  of  each  district 
attorney,  to  whom  satisfactory  evidence  of  any  violation  of  this  act 
is  presented,  to  cause  appropriate  proceedings  to  be  commenced  and 
prosecuted  in  the  United  States  court  having  jurisdiction  of  such 
offense:  Provided,  however,  That  the  penal  provisions  of  this  act 
shall  not  take  effect  until  January  first,  nineteen  hundred  and 
seventeen. 

Circular  No.  64,  Bureau  of  Standards,  Rules  and  Regulations  for  the 
Enforcement  of  the  Lime-Barrel  Act,  Issued,  Apr.  20,  1917. 

In  accordance  with  the  provisions  of  section  4  of  the  act  to 
standardize  lime  barrels  (39  Stat.,  ch.  396,  p.  530),  approved  August 
23,  1916,  there  are  hereby  promulgated  rules  and  regulations  for 
the  enforcement  of  this  act,  made  by  the  Director  of  the  Bureau  of 
Standards  and  approved  by  the  Secretary  of  Commerce. 

Paragraph  1.  The  act,  *  *  *  entitled  "An  act  to  standardize 
lime  barrels,"  shall  be  known  and  referred  to  as  the  "  Standard  lime- 
barrel  act." 

Par.  2.  These  rules  and  regulations  are'  to  be  understood  and  con- 
strued to  apply  to  lime  in  barrels,  or  other  containers  packed,  sold, 
or  offered  for  sale  for  shipment  from  any  State  or  Territory  or  the 
District  of  Columbia  to  any  other  State  or  Territory  or  the  District 
of  Columbia;  and  to  lime  in  containers  of  less  capacity  than  the 
standard  small  barrel  sold  in  interstate  or  foreign  commerce;  and 
to  lime  imported  in  barrels  from  a  foreign  country  and  sold  or 
offered  for  sale;  also  to  lime  not  in  barrels  or  containers  of  less 
capacity  than  the  standard  small  barrel,  sold,  charged  for,  or  pur- 
ported to  be  delivered  as  a  large  or  small  barrel  or  a  fractional  part 
of  said  small  barrel  of  lime,  from  any  State  or  Territory  or  the 
District  of  Columbia  to  any  other  State  or  Territory  or  the  District 
of  Columbia. 

Par.  3.  Lime  in  barrels  shall  be  packed  only  in  barrels  containing 
280  pounds  or  180  pounds,  net  weight.  For  the  purposes  of  this 
paragraph  the  word  "  barrel  "  is  defined  as  a  cylindrical  or  approxi- 
mately cylindrical  vessel,  cask  or  drum. 

Par.  4.  The  term  "container  of  less  capacity  than  the  standard 
small  barrel,"  as  mentioned  in  section  3  of  the  law  and  as  used  in 


28  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

these  rules  and  regulations,  is  defined  as  any  container  not  in  barrel 
form  containing  therein  a  net  weight  of  lime  of  less  than  180  pounds. 

The  term  "  label  "  as  used  in  these  rules  and  regulations  is  defined 
as  any  printed,  pictorial,  or  other  matter  upon  the  surface  of  a 
barrel  or  other  container  of  lime  subject  to  the  provisions  of  this 
act,  or  upon  cloth  or  paper  or  the  like  which  is  permanently  affixed 
to  it  by  pasting  or  in  a  similar  manner. 

The  term  "  tag  "  is  defined  as  a  tough  and  strong  strip  of  cloth 
or  paper  or  the  like,  bearing  any  printed,  pictorial,  or  other  matter, 
which  is  loose  at  one  end  and  which  is  secured  to  a  container  of  lime 
subject  to  the  provisions  of  this  act. 

Par.  5.  (a)  The  lettering  required  upon  barrels  of  lime  by  section 
2  of  the  law  shall  be  as  follows :  The  statement  of  net  weight  shall  be 
in  boldface  capital  letters  and  figures  at  least  1  inch  in  height  and  not 
expanded  or  condensed;  it  shall  be  clear,  legible,  and  permanent, 
and  so  placed  with  reference  to  the  other  lettering  that  it  is  con- 
spicuous. The  name  of  the  manufacturer  of  the  lime  and  where 
manufactured,  and,  if  imported,  the  name  of  the  country  from  which 
it  is  imported,  shall  be  in  boldface  letters  at  least  one-half  inch  in 
height  and  not  expanded  or  condensed,  and  shall  be  clear,  legible, 
conspicuous,  and  permanent.  None  of  these  letters  and  figures  shall 
be  superimposed  upon  each  other,  nor  shall  any  other  characters  be 
superimposed  upon  the  required  lettering  or  otherwise  obscure  it. 
All  the  above  statements  shall  form  parts  of  the  principal  label. 

(b)  The  information  required  upon  containers  of  lime  of  less 
capacity  than  the  standard  small  barrel  by  section  3  of  the  law  shall 
be  included  in  a  label:  Provided,  however,  That  in  order  to  allow 
the  utilization  of  secondhand  or  returnable  bags  made  of  cloth, 
burlap,  or  the  like,  such  information  may  be  upon  a  tag  firmly 
attached  to  the  container  in  a  prominent  and  conspicuous  position. 
In  case  a  tag  is  used  to  give  the  required  information  there  must 
not  be  any  label  or  another  tag  upon  the  container  which  bears  any 
statement  having  reference  to  lime,  or  any  statement  of  weight 
whatever,  which  is  not  identical  with  the  information  upon  the  tag 
mentioned  above;  if  a  container  is  to  be  utilized  which  bears  any 
such  inaccurate  information  upon  a  label,  such  container  shall  be 
turned  inside  out  or  such  information  shall  be  obliterated  in  so  far 
as  it  is  inaccurate  by  blotting  out  the  letters  or  figures;  or  if  such 
inaccurate  information  is  upon  a  tag,  by  removing  such  tag. 

If  the  required  lettering  is  upon  a  label,  the  statement  of  net 
weight  shall  be  in  boldface  capital  letters  and  figures  at  least  three- 
fourths  inch  in  height  and  not  expanded  or  condensed;  it  shall  be 
clear,  legible,  and  permanent,  and  so  placed  with  reference  to  the 
other  lettering  that  it  is  conspicuous.  The  word  "  net "  shall  form 
part  of  the  statement  of  weight.  The  name  of  the  manufacturer  of 
the  lime  and  the  name  of  the  brand,  if  any,  under  which  it  is  sold, 
and,  if  imported,  the  name  of  the  country  from  which  it  is  imported, 
shall  be  in  boldface  letters  at  least  one-half  inch  in  height  and  not 
expanded  or  condensed,  and  shall  be  clear,  legible,  conspicuous,  and 
permanent.  None  of  these  letters  and  figures  shall  be  superimposed 
upon  each  other,  nor  shall  any  other  characters  be  superimposed 
upon  the  required  lettering  or  otherwise  obscure  it.  All  the  above 
statements  shall  form  parts  of  the  principal  label. 


UNITED   STATES  29 

If  the  required  lettering  is  upon  a  tag,  the  statement  of  net  weight 
shall  be  in  boldface  capital  letters  and  figures  not  less  than  one-half 
the  height  of  the  largest  letters  or  figures  used  upon  such  tag :  Pro- 
vided, however,  That  in  every  case  they  shall  be  not  less  than  one- 
eighth  inch  in  height  (12-point  capitals),  and  not  expanded  or  con- 
densed. The  word  "net"  shall  form  part  of  the  statement  of 
weight.  The  statement  shall  be  clear,  legible,  and  permanent,  and  so 
placed  with  reference  to  the  other  lettering  that  it  is  conspicuous. 
The  name  of  the  manufacturer  of  the  lime,  and  the  name  of  the 
brand,  if  any,  under  which  it  is  sold,  and,  if  imported,  the  name  of 
the  country  from  which  it  is  imported,  shall  be  in  boldface  letters 
and  figures  not  less  than  one-eighth  inch  in  height  (12-point  capi- 
tals), and  not  expanded  or  condensed,  and  shall  be  clear,  legible, 
conspicuous,  and  permanent.  None  of  these  letters  and  figures  shall 
be  superimposed  upon  each  other  nor  shall  any  other  characters  be 
superimposed  upon  the  required  lettering  or  otherwise  obscure  it. 
All  the  above  statements  shall  be  included  upon  the  same  side  of  the 

tas- 

(c)  In  case  the  lime  is  actually  packed  in  barrels  or  in  containers 
of  less  capacity  than  the  standard  small  barrel  by  some  person  other 
than  the  manufacturer  of  the  lime,  the  information  mentioned  above 
must  be  given  in  the  manner  there  described,  and  in  addition  there 
must  be  a  statement  to  this  effect :  "  Packed  by "  (giv- 
ing the  name  and  address  of  the  packer).  This  statement  shall  be  in 
letters  not  smaller  than  is  specified  for  the  general  statement  re- 
quired in  the  case  of  barrels  and  containers  of  less  capacity  than  the 
standard  small  barrel,  respectively  (see  (a)  and  (b)  above) ;  it  shall 
not  be  obscured  and  shall  form  part  of  the  principal  label  or  be  upon 
the  same  side  of  the  tag  as  in  those  cases  provided. 

(d)  In  the  case  of  all  lime  sold  in  barrels,  the  actual  place  of  manu- 
facture of  the  lime  shall  be  stated  on  the  barrel.  In  general,  this 
will  be  the  name  of  the  post  office  nearest  or  most  accessible  to  the 
plant.  However,  when  the  actual  place  of  manufacture  of  the  iime 
and  the  offices  of  the  company  are  separated  but  are  within  the 
boundaries  of  the  same  county  of  a  State,  or  when,  though  not  within 
the  boundaries  of  the  same  county  they  are  so  close  together  that  the 
post-office  address  of  the  offices  represents  substantially  and  to  all 
intents  and  purposes  the  actual  place  of  manufacture  of  the  lime, 
then  the  post-office  address  of  the  offices  of  the  company  will  be  suffi- 
cient: Provided,  however,  That  the  address  given  shall  always  cor- 
rectly show  the  State  in  which  the  lime  is  actually  manufactured. 

More  than  one  place  of  manufacture  of  a  manufacturer  shall  not 
be  shown  on  the  same  barrel  unless  the  one  at  which  the  particular 
lime  in  question  is  manufactured  is  pointed  out. 

If  the  location  of  the  home  offices  is  stated  and  this  is  not  the  piace 
of  manufacture  within  the  meaning  of  the  above  definition,  an  addi- 
tional statement  must  be  included  to  this  effect :  "  Manufactured  at 
"  (giving  the  location  of  the  plant). 

Par.  6.  (a)  When  lime  is  packed  in  barrels  the  tolerance  to  be 
allowed  on  the  large  barrel  or  the  small  barrel  of  lime  shall  be  5 
pounds  in  excess  or  in  deficiency  on  any  individual  barrel :  Pro- 
vided, however,  That  the  average  error  on  10  barrels  of  the  same 
nominal  weight  and  packed  by  the  same  manufacturer  shall  in  no 
case  be  greater  than  2  pounds  in  excess  or  in  deficiency.     In  case 


30  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

all  the  barrels  available  are  not  weighed,  those  which  are  weighed 
shall  be  selected  at  random. 

(b)  When  lime  is  packed  in  containers  of  less  capacity  than  the 
standard  small  barrel,  the  tolerance  to  be  allowed  in  excess  or  in 
deficiency  on  individual  containers  of  various  weights,  shall  be  the 
values  given  in  the  column  headed  "Tolerance  on  individual  pack- 
age," of  the  following  table :  Provided,  however,  That  the  average 
error  on  10  containers  of  the  same  nominal  weight  and  packed  by 
the  same  manufacturer  shall  in  no  case  be  greater  than  the  values 
given  in  the  column  headed  "Tolerance  on  average  weight,"  of  the 
following  table.  In  case  all  the  containers  available  are  not  weighed, 
those  which  are  weighed  shall  be  selected  at  random. 


Weight  of  package 


Tolerance 
on  indi- 
vidual 
package 


Tolerance 
on  aver- 
age 
weight 


Not  greater  than  50  pounds 

More  than  50  pounds  and  not  greater  than  100  pounds... 
More  than  1C0  pounds  and  not  greater  than  150  pounds. 
More  than  150  pounds  and  less  than  180  pounds 


Pounds 

2 
3 
4 


Pounds 
% 
% 
M 

m 


(c)  When  lime  in  bulk  is  sold,  charged  for,  or  purported  to  be 
delivered  as  a  definite  number  of  large  or  small  barrels,  the  toler- 
ance to  be  allowed  in  excess  or  in  deficiency  on  such  amounts  of 
lime  shall  be  15  pounds  per  1800  pounds  (10  small  barrels),  or  25 
pounds  per  2800  pounds  (10  large  barrels). 

39  Stat.,  ch.  426,  p.  673. 

Sec.  1  (1916).  Climax  fruit  baskets,  etc.;  standards  established;  two- 
quart  baskets;  four-quart  baskets;  twelve-quart  baskets. — That  stand- 
ards for  Climax  baskets  for  grapes  and  other  fruits  and  vegetables 
shall  be  the  two-quart  basket,  four-quart  basket,  and  twelve-quart 
basket,  respectively : 

(a)  The  standard  two-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  nine  and  one-half  inches; 
width  of  bottom  piece,  three  and  one-half  inches;  thickness  of  bot- 
tom piece,  three-eighths  of  an  inch ;  height  of  basket,  three  and  seven- 
eighths  inches,  outside  measurement;  top  of  basket,  length  eleven 
inches  and  width  five  inches,  outside  measurement.  Basket  to  have 
a  cover  five  by  eleven  inches,  when  a  cover  is  used. 

(b)  The  standard  four-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  twelve  inches;  width  of 
bottom  piece,  four  and  one-half  inches;  thickness  of  bottom  piece, 
three-eighths  of  an  inch ;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches, 
width  six  and  one-fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used. 

(c)  The  standard  twelve-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions:  Length  of  bottom  piece,  sixteen  inches;  width 
of  bottom  piece,  six  and  one-half  inches;  thickness  of  bottom  piece, 
seven-sixteenths  of  an  inch ;  height  of  basket,  seven  and  one-sixteenth 


UNITED   STATES  31 

inches,  outside  measurement;  top  of  basket,  length  nineteen  inches, 
width  nine  inches,  outside  measurement.  Basket  to  have  cover  nine 
inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  2.  Smaller  baskets  for  fruits,  berries,  and  vegetables;  capacities. — 
That  the  standard  basket  or  other  container  for  small  fruits,  berries, 
and  vegetables  shall  be  of  the  following  capacities,  namely,  dry  one- 
half  pint,  dry  pint,  dry  quart,  or  multiples  of  the  dry  quart. 

(a)  The  dry  half  pint  shall  contain  sixteen  and  eight-tenths  cubic 
inches., 

(5)  The  dry  pint  shall  contain  thirty -three  and  six-tenths  cubic 
inches. 

(c)  The  dry  quart  shall  contain  sixty-seven  and  two-tenths  cubic 
inches. 

Sec.  3.  Interstate  shipments,  etc.,  not  conforming  to  standards,  unlaw- 
ful; penalty;  proviso;  foreign  shipments  not  affected. — That  it  shall  be 
unlawful  to  manufacture  for  shipment,  or  to  sell  for  shipment,  or  to 
ship  from  any  State  or  Territory  of  the  United  States  or  the  District 
of  Columbia  to  any  other  State  or  Territory  of  the  United  States  or 
the  District  of  Columbia,  any  Climax  baskets  or  other  containers  for 
small  fruits,  berries,  or  vegetables,  whether  filled  or  unfilled,  which 
do  not  conform  to  the  provisions  of  this  act ;  and  any  person  guilty 
of  a  willful  violation  of  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  $25:  Provided,  That  nothing 
herein  contained  shall  appty  to  the  manufacture,  sale,  or  shipment  of 
Climax  baskets,  baskets,  or  other  containers  for  small  fruits,  berries, 
and  vegetables  when  intended  for  export  to  foreign  countries  when 
such  Climax  baskets,  baskets,  or  other  containers  for  small  fruits, 
berries,  and  vegetables  accord  Avith  the  specifications  of  the  foreign 
purchasers  or  comply  with  the  law  of  the  country  to  which  shipment 
is  made  or  to  be  made. 

Sec.  4.  Tests,  etc.,  by  Department  of  Agriculture ;  rules,  etc. — That  the 
examination  and  test  of  Climax  baskets,  baskets,  or  other  containers 
for  small  fruits,  berries,  and  vegetables,  for  the  purpose  of  determin- 
ing whether  such  baskets  or  other  containers  comply  with  the  pro- 
visions of  this  act,  shall  be  made  by  the  Department  of  Agriculture, 
and  the  Secretary  of  Agriculture  shall  establish  and  promulgate 
rules  and  regulations  allowing  such  reasonable  tolerances  and  varia- 
tions as  may  be  found  necessary. 

Sec.  5.  Prosecution  of  violations. — That  it  shall  be  the  duty  of  each 
district  attorney,  to  whom  satisfactory  evidence  of  any  violation  of 
the  act  is  presented,  to  cause  appropriate  proceedings  to  be  com- 
menced and  prosecuted  in  the  proper  court  of  the  United  States  for 
the  enforcement  of  the  penalties  as  in  such  case  herein  provided. 

Sec.  6.  Immunity  under  guaranty  from  purchaser;  contents  of  guar- 
anty.— That  no  dealer  shall  be  prosecuted  under  the  provisions  of  this 
act  when  he  can  establish  a  guaranty  signed  by  the  manufacturer, 
wholesaler,  jobber,  or  other  party  residing  within  the  United  States 
from  whom  such  Climax  baskets,  baskets,  or  other  containers,  as 
defined  in  this  act,  were  purchased,  to  the  effect  that  said  Climax 
baskets,  baskets,  or  other  containers,  are  correct  within  the  meaning 
of  this  act.  Said  guaranty,  to  afford  protection,  shall  contain  the 
name  and  address  of  the  party  or  parties  making  the  sale  of  Climax 
517—26 3 


32  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

baskets,  baskets,  or  other  containers  to  such  dealer,  and  in  such  case 
said  party  or  parties  shall  be  amenable  to  the  prosecutions,  fines,  and 
other  penalties  which  would  attach  in  due  course  to  the  dealer  under 
the  provisions  of  this  act. 

IT.  S.  Department  of  Agriculture,  Circular  No.  76,  Rules  and  Regulations 
of  the  Secretary  of  Agriculture  under  the  United  States  Standard 
Container  Act,  Promulgated,  Sept.  12,  1917. 

Regulation  1.  Definitions. — Section  1.  Words  used  in  these  regu- 
lations in  the  singular  form  shall  be  deemed  to  import  the  plural, 
and  vice  versa,  as  the  case  may  demand. 

Sec.  2.  For  the  purposes  of  these  regulations,  unless  the  context 
otherwise  require,  the  following  terms  shall  be  construed,  respec- 
tively, to  mean — 

Paragraph  1.  Standard  container  act. — The  act  entitled  "An  act  to 
fix  standards  for  Climax  baskets  for  grapes  and  other  fruits  and 
vegetables,  and  to  fix  standards  for  baskets  and  other  containers  for 
small  fruits,  berries,  and  vegetables,  and  for  other  purposes,"  ap- 
proved August  31,  1916  (39  U.  S.  Stat.  L.,  p.  673). 

Paragraph  2.  Containers. — Climax  baskets  for  grapes  and  other 
fruits  and  vegetables,  and  baskets  or  other  containers  for  small 
fruits,  berries,  and  vegetables. 

Regulation  2.  Tolerances  and  variations. — Section  1.  For  the  purpose 
of  ascertaining  whether  a  container  is  within  the  tolerances  and 
variations  as  to  capacity  allowed  by  these  regulations  it  shall  be 
tested  by  the  use  of  a  dry  measure,  of  the  statndard  capacity  ap- 
plicable to  such  container,  approved  by  the  Bureau  of  Standards 
of  the  United  States  Department  of  Commerce.  Such  test  shall 
be  made  with  rape  seed  or  other  medium  giving  equivalent  results. 
The  capacity  of  the  container  shall  be  determined  by  stricken  meas- 
ure; only  the  actual  capacity  when  level  full  shall  be  considered, 
and  such  portion  of  the  contents  as  may  be  heaped  above  the  level 
of  the  top  of  the  sides  shall  be  disregarded,  notwithstanding  any 
raised  cover  which  might  permit  the  extension  upwards  of  the 
contents.  In  making  such  test  both  the  container  to  be  tested  and 
the  measure  of  standard  capacity  by  the  use  of  which  it  is  to  be 
tested  shall  be  filled  with  the  testing  medium,  in  the  same  manner 
and  under  the  same  conditions,  by  means  of  a  hopper  of  the  type 
customarily  employed  for  the  same  purpose  in  State  and  Federal 
laboratories. 

Sec.  2.  Paragraph  1 :  As  prescribed  in  this  section,  the  following 
tolerances  and  variations  in  the  capacities  of  containers  are  found  to 
be  reasonable  and  necessary  and  are  hereby  allowed. 

Paragraph  2 :  The  excess  or  deficiency  in  capacity  of  any  container, 
over  or  under  the  capacity  prescribed  for  such  container  in  the 
standard  container  act,  as  specified  below  in  the  column  designated 
"  Standard  capacity,"  may  be  as  much  as,  but  not  greater  than,  the 
amount  stated  in  cubic  inches  in  the  same  line  in  the  column  desig- 
nated "  Excess  "  or  "  Deficiency,"  as  the  case  may  be ;  but,  among  any 
lot  of  containers  which  are  not  all  of  the  standard  capacity  prescribed 
for  such  containers  by  the  standard  container  act,  the  number  over 
shall  be  as  nearly  equal  as  may  be  practical  to  the  number  under  such 
standard  capacity,  within  the  tolerances  and  variations  allowed  there- 
for in  this  section. 


UNITED   STATES 


33 


1  bushel. 
14  bushel 
12  quarts 

1  peck.... 
Y-i  peck... 

2  quarts.. 
1  quart.. 

1  pint 

J^pint.. 


Cubicinches 

SO 

30 

23 

16 

10 

5 

3 

2 

1 


Cubic  inches 
30 
18 
15 
10 

8 

2 


Paragraph  3 :  In  case  of  a  container  having  a  capacity  to  which  a 
standard  is  applicable  which  is  not  specified  in  the  column  headed 
"  Standard  capacity  "  in  the  foregoing  table,  the  excess  or  the  defici- 
ency allowed  shall  be  that  permitted  for  the  next  smaller  standard 
capacity  specified  in  the  table,  but  this  shall  not  apply  to  containers 
for  which  variations  and  tolerances  shall  be  permitted  and  estab- 
lished under  the  act  entitled  "An  act  to  fix  the  standard  barrel  for* 
fruits,  vegetables,  and  other  dry  commodities,"  approved  March 
4,  1915  (38  U.  S.  Stat.  L.,  p.  1186),  when  such  variations  and  toler- 
ances become  effective. 

Sec.  3.  Paragraph  1 :  As  prescribed  in  this  section,  the  following 
tolerances  and  variations  in  dimensions  of  Climax  baskets  for  grapes 
and  other  fruits  and  vegetables  are  found  to  be  reasonable  and  neces- 
sary and  are  hereby  allowed,  subject,  however,  to  the  tolerances  and 
variations  in  capacity  allowed  in  section  2  of  these  regulations. 

Paragraph  2:  The  excess  or  deficiency  in  any  dimension  specified 
below  in  the  column  designated  "  Dimensions,"  over  or  under  the 
measurement  prescribed  for  such  dimension  in  section  1  of  the 
standard  container  act,  may  be  as  much  as,  but  not  greater  than, 
the  amount  specified  opposite  such  dimension  in  the  column  desig- 
nated "  Excess  "  or  "  Deficiency,"  as  the  case  may  be. 


Tolerances  and 
variations 

Dimensions 

Excess 

Defi- 
ciency 

Length  of  bottom  piece  of  2-quart,  4-quart,  or  12-quart  Climax  basket 

Inches 
Yi 

y» 
y» 

y*. 

Inches 

ys 

s 

Width  of  bottom  piece  of  2-quart,  4-quart,  or  12-quart  Climax  basket 

Thickness  of  bottom  piece  of  2-quart,  4-quart,  or  12-quart  Climax  basket 

Height  of  2-quart,  4-quart,  or  12-quart  Climax  basket,  outside  measurement 

% 

Length  of  cover  of  2-quart,  4-quart,  or  12-quart  Climax  basket 

y» 

Width  of  cover  of  2-quart,  4-quart,  or  12-quart  Climax  basket... 

ys 

Combined  length  and  width  of  top  of  2-quart  Climax  basket,  outside  measurement.. 
Combined  length  and  width  of  top  of  4-quart  Climax  basket,  outside  measurement.. 
Combined  length  and  width  of  top  of  12-quart  Climax  basket  outside  measurement.. 

14 

39  Stat,  ch.  313,  p.  446. 

Sec.  1  (1916).  Title  declared. — That  this  act  shall  be  known  by  the 
short  title  of  "  United  States  warehouse  act."  12 


u  Regulations  have  been  Issued  by  the  Secretary  of  Agriculture  under  the  authority  of 
this  act. 


34  IAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  2,  as  amended  by  act  of  February  23,  1923.  Terms  construed; 
warehouse ;  person ;  warehouseman ;  receipt. — That  the  term  "  ware- 
house" as  used  in  this  act  shall  be  deemed  to  mean  every  building, 
structure,  or  other  protected  inclosure  in  which  any  agricultural 
product  is  or  may  be  stored  for  interstate  or  foreign  commerce,  or,  if 
located  within  any  place  under  the  exclusive  jurisdiction  of  the 
United  States,  in  which  any  agricultural  product  is  or  may  be  stored. 
As  used  in  this  act,  "  person  "  includes  a  corporation  or  partnership 
or  two  or  more  persons  having  a  joint  or  common  interest;  "ware- 
houseman "  means  a  person  lawfully  engaged  in  the  business  of  stor- 
ing agricultural  products ;  and  "  receipt "  means  a  warehouse  receipt. 

Sec.  3.  Investigation,  etc.,  of  warehouses. — That  the  Secretary  of 
Agriculture  is  authorized  to  investigate  the  storage,  warehousing, 
classifying  according  to  grade  and  otherwise,  weighing,  and  certifi- 
cation of  agricultural  products ;    *    *    *. 

Sec.  11,  as  amended  by  act  of  February  23,  1923.  Licenses  to  inspectors, 
samplers,  classifiers,  and  weighers  of  products;  conditions. — That  the 
Secretary  of  Agriculture  may  upon  presentation  of  satisfactory  proof 
of  competency,  issue  to  any  person  a  license  to  inspect,  sample  or 
classify  any  agricultural  product  or  products,  stored  or  to  be  stored 
in  a  warehouse  licensed  under  this  act,  according  to  condition,  grade 
or  otherwise,  and  to  certificate  the  condition,  grade  or  other  class 
thereof,  or  to  weigh  the  same  and  certificate  the  weight  thereof,  or 
both  to  inspect,  sample  or  classify  and  weigh  the  same  and  to  certifi- 
cate the  condition,  grade  or  other  class  and  the  weight  thereof,  upon 
condition  that  such  person  agree  to  comply  with  and  abide  by  the 
terms  of  this  act  and  of  the  rides  and  regulations  prescribed  here- 
under so  far  as  the  same  relate  to  him. 

Sec.  12,  as  amended  by  act  of  February  23,  1923.  Suspension  or  revoca- 
tion of  licenses. — That  any  license  issued  to  any  person  to  inspect, 
sample  or  classify  or  to  weigh  any  agricultural  product  or  products 
under  this  act  may  be  suspended  or  revoked  by  the  Secretary  of  Agri- 
culture whenever  he  is  satisfied,  after  opportunity  afforded  to  the 
licensee  concerned  for  a  hearing,  that  such  licensee  has  failed  to 
inspect,  sample,  or  classify  or  to  weigh  any  agricultural  product  or 
products  correctly,  or  has  violated  any  of  the  provisions  of  this  act 
or  of  the  rules  and  regulations  prescribed  hereunder,  so  far  as  the 
same  may  relate  to  him,  or  that  he  has  used  his  license  or  allowed  it 
to  be  used  for  any  improper  purpose  whatever.  Pending  investiga- 
tion, the  Secretary  of  Agriculture,  whenever  he  deems  necessary,  may 
suspend  a  license  temporarily  without  hearing. 

Sec.  18,  as  amended  by  act  of  July  24,  1919.  Contents  of  receipt. — 
That  every  receipt  issued  for  agricultural  products  stored  in  a  ware- 
house licensed  under  this  act  shall  embody  within  its  written  or 
printed  terms  *  *  *  (/)  a  description  of  the  agricultural  prod- 
ucts received,  showing  the  quantity  thereof,  or,  in  case  of  agricultural 
products  customarily  put  up  in  bales  or  packages,  a  description  of 
such  bales  or  packages  by  marks,  numbers,  or  other  means  of  identi- 
fication and  the  weight  of  such  bales  or  packages ;     *     *     *. 

Sec.  29,  as  amended  by  act  of  February  23,  1923.  State  laws  not  im- 
paired; cooperation  with  State  authorities;  operation  of  present  laws. — 
That  nothing  in  this  act  shall  be  construed  to  conflict  with,  or  to 
authorize  any  conflict  with,  or  in  any  way  to  impair  or  limit  the 


UNITED   STATES  35 

effect  or  operation  of  the  laws  of  any  State  relating  to  warehouses, 
warehousemen,  weighers,  graders,  inspectors,  samplers  or  classifiers; 
but  the  Secretary  of  Agriculture  is  authorized  to  cooperate  with  such 
officials  as  are  charged  with  the  enforcement  of  such  State  laws  in 
such  States  and  through  such  cooperation  to  secure  the  enforcement 
of  the  provisions  of  this  act ;  nor  shall  this  act  be  construed  so  as  to 
limit  the  operation  of  any  statute  of  the  United  States  relating  to 
warehouses  or  warehousemen,  weighers,  graders,  inspectors,  samplers, 
or  classifiers  now  in  force  in  the  District  of  Columbia  or  in  any  Terri- 
tory or  other  place  under  the  exclusive  jurisdiction  of  the  United 
States. 

39  Stat.,  ch.  415,  p.  538. 

Sec.  1  (1916).  Bills  of  lading;  issued  in  interstate  and  foreign  com- 
merce governed  thereby. — That  bills  of  lading  issued  by  any  common 
carrier  for  the  transportation  of  goods  in  any  Territory  of  the 
United  States,  or  the  District  of  Columbia,  or  from  a  place  in  a 
State  to  a  place  in  a  foreign  country,  or  from  a  place  in  one  State  to 
a  place  in  another  State,  or  from  a  place  in  one  State  to  a  place  in 
the  same  State  through  another  State  or  foreign  country,  shall  be 
governed  by  this  act. 

Sec.  20.  Responsibility  for  goods ;  when  loaded  by  carrier. — That  when 
goods  are  loaded  by  a  carrier  such  carrier  shall  count  the  packages 
of  goods,  if  package  freight,  and  ascertain  the  kind  and  quantity  if 
bulk  freight,  and  such  carrier  shall  not,  in  such  cases,  insert  in  the 
bill  of  lading  or  in  any  notice,  receipt,  contract,  rule,  regulation,  or 
tariff,  "  Shipper's  weight,  load,  and  count,"  or  other  words  of  like 
purport,  indicating  that  the  goods  were  loaded  by  the  shipper  and 
the  description  of  them  made  by  him  or  in  case  of  bulk  freight  and 
freight  not  concealed  by  packages  the  description  made  by  him.  If 
so  inserted,  contrary  to  the  provisions  of  this  section,  said  words 
shall  be  treated  as  null  and  void  and  as  if  not  inserted  therein. 

Sec.  21.  Loaded  by  shipper  in  packages  or  bulk;  effect  of  shipper's 
weight,  load,  and  count;  proviso;  responsibility  when  shipper  affords 
weighing  facilities. — That  when  package  freight  or  bulk  freight  is 
loaded  by  a  shipper  and  the  goods  are  described  in  a  bill  of  lading 
merely  by  a  statement  of  marks  or  labels  upon  them  or  upon  packages 
containing  them,  or  by  a  statement  that  the  goods  are  said  to  be 
goods  of  a  certain  kind  or  quantity,  or  in  a  certain  condition,  or  it 
is  stated  in  the  bill  of  lading  that  packages  are  said  to  contain  goods 
of  a  certain  kind  or  quantity  or  in  a  certain  condition,  or  that  the 
contents  or  condition  of  the  contents  of  packages  are  unknown,  oi 
words  of  like  purport  are  contained  in  the  bill  of  lading,  such  state- 
ments, if  true,  shall  not  make  liable  the  carrier  issuing  the  bill  of 
lading,  although  the  goods  are  not  of  the  kind  or  quantity  or  in  the 
condition  which  the  marks  or  labels  upon  them  indicate,  or  of  the 
kind  or  quantity  or  in  the  condition  they  were  said  to  be  by  the  con- 
signor. The  carrier  may  also  by  inserting  in  the  bill  of  lading  the 
words  "  Shipper's  weight,  load,  and  count,"  or  other  words  of  like 
purport  indicate  that  the  goods  were  loaded  by  the  shipper  and  the 
description  of  them  made  by  him ;  and  if  such  statement  be  true,  the 
carrier  shall  not  be  liable  for  damages  caused  by  the  improper  load- 
ing or  by  the  nonreceipt  or  by  the  misdescription  of  the  goods 
described  in  the  bill  of  lading :  Provided,  however,  Where  the  ship- 


36  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

per  of  bulk  freight  installs  and  maintains  adequate  facilities  for 
weighing  such  freight,  and  the  same  are  available  to  the  carrier, 
then  the  carrier,  upon  written  request  of  such  shipper  and  when 
given  a  reasonable  opportunity  so  to  do,  shall  ascertain  the  kind 
and  quantity  of  bulk  freight  within  a  reasonable  time  after  such 
written  request,  and  the  carriers  shall  not  in  such  cases  insert  in  the 
bill  of  lading  the  words  "  Shipper's  weight,"  or  other  words  of  like 
purport,  and  if  so  inserted  contrary  to  tlje  provisions  of  this  section, 
said  words  shall  be  treated  as  null  and  void  and  as  if  not  inserted 
therein. 

42  Stat.,  ch.  64,  p.  159. 

Sec.  1  (1921).  Title  of  act. — This  act  may  be  cited  as  the  "packers 
and  stockyards  act,  1921." 

Sec.  2.  Terms  defined. —  (a)  When  used  in  this  act — (2)  The  term 
"  Secretary  "  means  the  Secretary  of  Agriculture. 

******* 

Sec.  301.  Terms  construed;  "stockyard  services." — When  used  in  this 
act — (&)  The  term  "stockyard  services"  means  services  or  facilities 
furnished  at  a  stockyard  in  connection  with  the  *  *  *  weigh- 
ing    *     *     *     of  livestock; 

******* 

Sec.  302.  "Stockyard";  public  character,  etc.,  specified;  smaller  areas 
not  included. —  (a)  When  used  in  this  title  the  term  "stockyard" 
means  any  place,  establishment,  or  facility  commonly  known  as  stock- 
yards, conducted  or  operated  for  compensation  or  profit  as  a  public 
market,  consisting  of  pens,  or  other  inclosures,  and  their  appur- 
tenances, in  which  live  cattle,  sheep,  swine,  horses,  mules,  or  goats 
are  received,  held,  or  kept  for  sale  or  shipment  in  commerce.  This 
title  shall  not  apply  to  a  stockyard  of  which  the  area  normally 
available  for  handling  livestock,  exclusive  of  runs,  alleys,  or  passage 
ways,  is  less  than  twenty  thousand  square  feet. 

Sec.  304.  Facilities  to  be  furnished. — It  shall  be  the  duty  of  every 
stockyard  owner  and  market  agency  to  furnish  upon  reasonable 
request,  without  discrimination,  reasonable  stockyard  services  at 
such  stockyard. 

Sec.  307.  Regulations  and  practices  affecting  stockyard  services. — It 
shall  be  the  duty  of  every  stockyard  owner  and  market  agency  to 
establish,  observe,  and  enforce  just,  reasonable,  and  nondiscriminatory 
regulations  and  practices  in  respect  to  the  furnishing  of  stockyard 
services,  and  every  unjust,  unreasonable,  or  discriminatory  regulation 
or  practice  is  prohibited  and  declared  to  be  unlawful. 

Sec.  308.  Penalty. — (a)  If  any  stockyard  owner,  market  agency, 
or  dealer  violates  any  of  the  provisions  of  sections  304  *  *  *  or 
307,  or  of  any  order  of  the  Secretary  made  under  this  title,  he  shall 
be  liable  to  the  person  or  persons  injured  thereby  for  the  full  amount 
of  damages  sustained  in  consequence  of  such  violation. 

******* 

Sec.  310.  Orders  affecting  stockyard  services. — Whenever  *  *  * 
after  full  hearing  under  an  order  for  investigation  and  hearing 
made  by  the  Secretary  on  his  own  initiative,  *  *  *  the  Secre- 
tary is  of  the  opinion  that  any  rate,  charge,  regulation,  or  practice 


UNITED   STATES  37 

of  a  stockyard  owner  or  market  agency,  for  or  in  connection  with 
the  furnishing  of  stockyard  services,  is  or  will  be  unjust,  unreason- 
able, or  discriminatory,  the  Secretary — 

(a)  May  determine  and  prescribe  *  *  *  what  regulation  or 
practice  is  or  will  be  just,  reasonable,  and  nondiscriminatory  to  be 
thereafter  followed ;  and 

(b)  May  make  an  order  that  such  owner  or  operator  *  *  * 
shall  conform  to  and  shall  observe  the  regulation  or  practice  so 
prescribed. 

Sec.  311.  Livestock  not  in  commerce;  practices  prescribed  by  Secre- 
tary.— Whenever  in  any  investigation  under  the  provisions  of  this 
title,  or  in  any  investigation  instituted  by  petition  of  the  stockyard 
owner  or  market  agency  concerned,  which  petition  is  hereby  author- 
ized to  be  filed,  the  Secretary  after  full  hearing  finds  that  any  rate, 
charge,  regulation,  or  practice  of  any  stockyard  owner  or  market 
agency,  for  or  in  connection  with  the  *  *  *  weighing,  *  *  * 
not  in  commerce,  of  livestock,  causes  any  undue  or  unreasonable 
advantage,  prejudice,  or  preference  as  between  persons  or  localities 
in  intrastate  commerce  in  livestock  on  the  one  hand  and  interstate 
or  foreign  commerce  in  livestock  on  the  other  hand,  or  any  undue, 
unjust,  or  unreasonable  discrimination  against  interstate  or  foreign 
commerce  in  livestock,  which  is  hereby  forbidden  and  declared  to  be 
unlawful,  the  Secretary  shall  prescribe  the  rate,  charge,  regulation, 
or  practice  thereafter  to  be  observed,  in  such  manner  as,  in  his 
judgment,  will  remove  such  advantage,  preference,  or  discrimina- 
tion. Such  rates,  charges,  regulations,  or  practices  shall  be  observed 
while  in  effect  by  the  stockyard  owners  or  market  agencies  parties 
to  such  proceeding  affected  thereby,  the  law  of  any  State  or  the  deci- 
sion or  order  of  any  State  authority  to  the  contrary  notwithstanding. 

Sec.  312.  Unfair,  etc.,  practices  unlawful;  orders  to  cease  from  viola- 
tions.— (a)  It  shall  be  unlawful  for  any  stockyard  owner,  market 
agency,  or  dealer  to  engage  in  or  use  any  unfair,  unjustly  dis- 
criminatory, or  deceptive  practice  or  device  in  connection  with  the 
*  *  *  weighing  *  *  *  in  commerce  at  a  stockyard,  of  live- 
stock. 

(b)  Whenever  complaint  is  made  to  the  Secretary  by  any  person, 
or  whenever  the  Secretary  has  reason  to  believe,  that  any  stockyard 
owner,  market  agency,  or  dealer  is  violating  the  provisions  of  sub- 
division («),  the  Secretary  after  notice  and  full  hearing  may  make 
an  order  that  he  shall  cease  and  desist  from  continuing  such  viola- 
tion to  the  extent  that  the  Secretary  finds  that  it  does  or  will  exist. 

Sec.  314.  Penalty  for  failing  to  obey  order;  prosecution  by  district 
attorneys. —  (a)  Any  stockyard  owner,  market  agency,  or  dealer  who 
knowingly  fails  to  obey  any  order  made  under  the  provisions  of 
sections  310,  311,  or  312  shall  forfeit  to  the  United  States  the  sum  of 
$500  for  each  offense.  Each  distinct  violation  shall  be  a  separate 
offense,  and  in  case  of  a  continuing  violation  each  clay  shall  be 
deemed  a  separate  offense.  Such  forfeiture  shall  be  recoverable  in 
a  civil  suit  in  the  name  of  the  United  States. 

(b)  It  shall  be  the  duty  of  the  various  district  attorneys,  under 
the  direction  of  the  Attorney  General,  to  prosecute  for  the  recovery 
of  forfeitures.  The  costs  and  expense  of  such  prosecution  shall 
be  paid  out  of  the  appropriation  for  the  expenses  of  the  courts  of 
the  United  States, 


38 


LAWS   CONCEKNING   WEIGHTS   AND   MEASUKES 


Sec.  407.  Rules,  etc.,  to  be  prescribed. — The  Secretary  may  make 
such  rules,  regulations,  and  orders  as  may  be  necessary  to  carry  out 
the  provisions  of  this  act  and  may  cooperate  with  any  department  or 
agency  of  the  Government,  any  State,  Territory,  District,  or  posses- 
sion, or  department,  agency  or  political  subdivision  thereof,  or  any 
person;  *  *  *. 
27  Stat.,  ch.  221,  p.  746. 

Sec.  1  (1893).  Standard  gauge  for  sheet  and  plate  iron  and  steel;  sheet- 
metal  gauge,  this  gauge  to  be  used  to  levy  duties. — For  the  purpose  of 
securing  uniformity  the  following  is  established  as  the  only  standard 
gauge  for  sheet  and  plate  iron  and  steel  in  the  United  States  of 
America,  namely : 


Approxi- 

Weight 

per 
square 
foot  in 
ounces 
avoir- 
dupois 

Weight 

Weight 

Weight 

Weight 

per 
square 
meter  in 

Number 

mate 
thickness 

Approximate 
thickness  in 

Approximate 
thickness  in 
millimeters 

per  square 
foot  in 

per 
square 

per 
square 

of  gauge 

in  frac- 
tions of 
an  inch 

decimal  parts 
of  an  inch 

pounds 
avoirdu- 
pois 

foot  in 
kilo- 
grams 

meter 
in  kilo- 
grams 

pounds 
avoir- 
dupois 

ooooooo 

1-2 

0.5 

12.7 

320 

20.00 

9.072 

97.65 

215.  28 

000000 

15-32 

. 46875 

11.  90625 

300 

18.75 

8.505 

91.55 

201. 82 

00000 

7-16 

.4375 

11.1125 

280 

17.50 

7.983 

85.44 

188.37 

0000 

13-32 

.  40625 

10. 31875 

260 

16.25 

7.371 

79.33 

174. 91 

000 

3-8 

.375 

9.525 

240 

15 

6.804 

73.24 

161. 46 

00 

11-32 

.  34375 

8. 73125 

220 

13.75 

6.237 

67.13 

148. 00 

0 

5-16 

.3125 

7. 9375 

200 

12.50 

5.67 

61.03 

134.  55 

1 

9-32 

. 28125 

7. 14375 

180 

11.25 

5. 103 

54.93 

121.  09 

2 

17-64 

.  265625 

6.  746875 

170 

10. 625 

4.819 

51.88 

114.37 

3 

1-4 

.25 

6.35 

160 

10 

4.536 

48.82 

107.64 

4 

15-64 

.  234375 

5. 953125 

150 

9.375 

4.252 

45.77 

100. 91 

5 

7-32 

.  21875 

5.  55625 

140 

8.75 

3.969 

42.72 

94.18 

6 

13-64 

.  203125 

5. 159375 

130 

8.125 

3.685 

39.67 

87. 45 

7 

3-16 

.1875 

4.  7625 

120 

7.5 

3.402 

36.62 

80.72 

8 

11-64 

.  171875 

4. 365625 

110 

6.875 

3.118 

33.57 

74.00 

9 

5-32 

.  15625 

3. 96875 

100 

6.25 

2.835 

30.52 

67.27 

10 

9-64 

.  140625 

3. 571875 

90 

5.625 

2.552 

27.46 

60.55 

11 

1-8 

.125 

3.175 

80 

5 

2.268 

24.41 

53.82 

12 

7-64 

. 109375 

2.778125 

70 

4.375 

1.984 

21.36 

47.09 

13 

3-32 

. 09375 

2. 38125 

60 

3.75 

1.701 

18.31 

40.36 

14 

5-64 

.  078125 

1. 984375 

50 

3.125 

1.417 

15.26 

33.64 

15 

9-128 

.  0703125 

1. 7859375 

45 

2. 8125 

1.276 

13.73 

30.27 

16 

1-16 

.0625 

1. 5875 

40 

2.5 

1.134 

12.21 

26.91 

17 

9-160 

. 05625 

1. 42875 

36 

2.25 

1.021 

10.99 

24.22 

18 

1-20 

.05 

1.27 

32 

2 

.9072 

9.765 

21.53 

19 

7-160 

.04375 

1. 11125 

28 

1.75 

.7938 

8.544 

18.84 

20 

3-80 

.0375 

.9525 

24 

1.50 

.6804 

7.324 

16.15 

21 

11-320 

.  034375 

.  873125 

22 

1.375 

.6237 

6.713 

14.80 

22 

1-32 

.  03125 

.  793750 

20 

1.25 

.567 

6.103 

13.46 

23 

9-320 

.  028125 

.  714375 

18 

1.125 

.5103 

5.493 

12.11 

24 

1-40 

.025 

.635 

16 

1 

.4536 

4.882 

10.76 

25 

7-320 

.  021875 

.  555625 

14 

.875 

.3969 

4.272 

9.42 

26 

3-160 

.  01875 

.  47625 

12 

.75 

.3402 

3.662 

8.07 

27 

11-640 

.  0171875 

.  4365625 

11 

.6875 

.3119 

3.357 

7.40 

28 

1-64 

.  015625 

. 396875 

10 

.625 

.2835 

3.052 

6.73 

29 

9-640 

.  0140625 

. 3571875 

9 

.5625 

.2551 

2.746 

6.05 

30 

1-80 

.0125 

.3175 

8 

.5 

.2268 

2.441 

5.38 

31 

7-640 

. 0109375 

. 2778125 

7 

.4375 

.1984 

2.136 

4.71 

32 

13-1280 

.  01015625 

.  25796875 

6M 

. 40625 

.1843 

1.983 

4.37 

33 

3-320 

.  009375 

.  238125 

6 

.375 

.1701 

1.831 

4.04 

34 

11-1280 

.  00859375 

.  21828125 

5J/2 

. 34375 

.1559 

1.678 

3.70 

35 

5-640 

.  0078125 

.  1984375 

5 

.3125 

.1417 

1.526 

3.36 

36 

9-1280 

.  00703125 

. 17859375 

m 

.28125 

.1276 

1.373 

3.03 

37 

17-2560 

.  006640625 

. 168671875 

4M 

.  265625 

.1205 

1.297 

2.87 

38 

1-160 

.  00625 

. 15875 

4 

.25 

.1134 

1.221 

2.69 

UNITED  STATES  39 

And  on  and  after  July  first,  eighteen  hundred  and  ninety-three, 
the  same  and  no  other  shall  be  used  in  determining  duties  and  taxes 
levied  by  the  United  States  of  America  on  sheet  and  plate  iron  and 
steel.  But  this  act  shall  not  be  construed  to  increase  duties  upon  any 
articles  which  may  be  imported. 

Sec.  2.  Preparation  of  gauge  standards. — The  Secretary  of  the  Treas- 
ury is  authorized  and  required  to  prepare  suitable  standards  in  ac- 
cordance herewith. 

Sec.  3.  Variations  allowed  in  use. — In  the  practical  use  and  applica- 
tion of  the  standard  gauge  hereby  established  a  variation  of  two  and 
one-half  per  cent  either  way  may  be  allowed. 

R.  S.,  2951  (1861). 

Ton  defined;  hundredweight  defined. — Wherever  the  word  "ton"  is 
used  in  this  chapter,"  in  reference  to  weight,  it  shall  be  construed  as 
meaning  twenty-hundred-weight,  each  hundredweight  being  one 
hundred  and  twelve  pounds  avoirdupois. 

R.  S.,  3711,  as  amended  Mar.  2,  1895,  and  Mar.  15,  1898. 

Weighing  and  measuring  of  coal  and  wood  required;  standard  ton  of 
coal ;  standard  cords  of  wood. — It  shall  not  be  lawful  for  any  officer  or 
person  in  the.  civil,  military,  or  naval  service  of  the  United  States  in 
the  District  of  Columbia  to  purchase  anthracite  or  bituminous  coal  or 
wood  for  the  public  service  except  on  condition  that  the  same  shall, 
before  delivery,  be  inspected  and  weighed  or  measured  by  some  com- 
petent person,  to  be  appointed  by  the  head  of  the  department  or  chief 
of  the  branch  of  the  service  for  which  the  purchase  is  made  from 
among  the  persons  authorized  to  be  employed  in  such  department  or 
branch  of  the  service.  The  person  appointed  under  this  section  shall 
ascertain  that  each  ton  of  coal  weighed  by  him  shall  consist  of  two 
thousand  two  hundred  and  forty  pounds,  and  that  each  cord  of  wood 
to  be  so  measured  shall  be  of  the  standard  measure  of  one  hundred 
and  twenty-eight  cubic  feet.  Each  load  or  parcel  of  wood  or  coal 
weighed  and  measured  by  him  shall  be  accompanied  by  his  certificate 
of  the  number  of  tons  or  pounds  of  coal  and  the  number  of  cords  or 
parts  of  cords  of  wood  in  each  load  or  parcel. 

R.  S.,  3547  (1873). 

Appointment  and  meeting  of  assay  commission. — To  secure  a  due  con- 
formity in  the  gold  and  silver  coins  to  their  respective  standard? 
of  fineness  and  weight,  the  judge  of  the  District  Court  for  th< 
Eastern  District  of  Pennsylvania,  the  Comptroller  of  the  Currency 
the  assayer  of  the  assay  office  at  New  York,  and  such  other  per 
sons  as  the  President  shall  from  time  to  time  designate,  shall  meej 
as  assay  commissioners  at  the  mint  in  Philadelphia  to  examini 
and  test,  in  the  presence  of  the  Director  of  the  Mint,  the  finenes. 
and  weight  of  the  coins  reserved  by  the  several  mints  for  thi 
purpose,  on  the  second  Wednesday  in  February  annually,  and  may 
continue  their  meetings  by  adjournment  if  necessary.  If  a  majority 
of  the  commissioners  fail  to  attend  at  any  time  appointed  for  theii 
meeting,  the  Director  of  the  Mint  shall  call  a  meeting  of  the  commis- 
sioners at  such  other  time  as  he  may  deem  convenient.    If  it  appears 

13  The  chapter  in  which  the  section  occurs  refers  to  the  collection  of  duties  upon 
imports. 


40  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

by  such  examination  and  test  that  these  coins  do  not  differ  from  the 
standard  fineness  and  weight  by  a  greater  quantity  than  is  allowed 
by  law,  the  trial  shall  be  considered  and  reported  as  satisfactory. 
If,  however,  any  greater  deviation  from  the  legal  standard  or  weight 
appears,  this  fact  shall  be  certified  to  the  President;  and  if,  on  a 
view  of  the  circumstances  of  the  case,  he  shall  so  decide,  the  officers 
implicated  in  the  error  shall  be  thenceforward  disqualified  from 
holding  their  respective  offices. 

R.  S.,  3548,  as  amended  Mar.  4,  1911. 

Standard  weight  of  the  mint ;  troy  pound. — For  the  purpose  of  secur- 
ing a  due  conformity  in  weight  of  the  coins  of  the  United  States 
to  the  provisions  of  the  laws  relating  to  coinage,  the  standard  troy 
pound  of  the  Bureau  of  Standards  of  the  United  States  shall  be 
the  standard  troy  pound  of  the  mint  of  the  United  States,  con- 
formably to  which  the  coinage  thereof  shall  be  regulated. 

R.  S.,  3549,  as  amended  Mar.  4,  1911. 

Standard  weight  for  mints  and  assay  offices;  annual  testing. — It  shall 
be  the  duty  of  the  Director  of  the  Mint  to  procure  for  each 
mint  and  assay  office,  to  be  kept  safely  thereat,  a  series  of  standard 
weights  corresponding  to  the  standard  troy  pound  of  the  Bureau 
of  Standards  of  the  United  States,  consisting  of  a  one-pound  weight 
and  the  requisite  subdivisions  and,  multiples  thereof,  from  the 
hundredths  part  of  a  grain  to  twenty-five  pounds.  The  troy  weight 
ordinarily  employed  in  the  transactions  of  such  mints  and  assay 
offices  shall  be  regulated  according  to  the  above  standards  at  least 
once  in  every  year,  under  the  inspection  of  the  superintendent  and 
assayer ;  and  the  accuracy  of  those  used  at  the  mint  at  Philadelphia 
shall  be  tested  annually,  in  the  presence  of  the  assay  commissioners, 
at  the  time  of  the  annual  examination  and  test  of  coins. 

R.  S.,  3511  (1873). 

Standard  weights  of  gold  coins. — The  gold  coins  of  the  United  States 
shall  be  a  one-dollar  piece,"  which,  at  the  standard  weight  of  twenty- 
five  and  eight-tenths  grains,  shall  be  the  unit  of  value;  a  quarter- 
eagle,  or  two  and  a  half  dollar  piece;  a  three-dollar  piece;  a  half 
eagle,  or  five-dollar  piece ;  an  eagle,  or  ten-dollar  piece ;  and  a  double- 
eagle,  or  twenty-dollar  piece.  And  the  standard  weight  of  the  gold 
dollar  shall  be  twenty-five  and  eight-tenths  grains;  of  the  quart  u- 
eagle,  or  two  and  a  half  dollar  piece,  sixty-four  and  a  half  grains; 
of  the  three-dollar  piece,  seventy-seven  and  four-tenths  grains;  of 
the  half-eagle  or  five-dollar  piece,  one  hundred  and  twenty-nine 
grains ;  of  the  eagle,  or  ten-dollar  piece,  two  hundred  and  fifty-eight 
grains;  of  the  double-eagle,  or  twenty-dollar  piece,  five  hundred  and 
sixteen  grains. 

20  Stat.,  ch.  20,  p.  25. 

Sec.  1  (1878).  Weight  of  standard  silver  dollar.— That  there  shah 
be  coined  at  the  several  mints  of  the  United  States,  silver  dollars 
of  the  weight  of  four  hundred  and  twelve  and  a  half  grains  troy  of 
standard  silver,  as  provided  in  the  act  of  January  eighteenth, 
eighteen  hundred  and  thirty-seven,     *     *     *. 

"The  coinage  of  a  dollar  gold  piece  was  discontinued  pursuant  to  the  act  of  Sept  26 
1890;  other  gold  coins  contain  25.8  grains  per  dollar. 


UNITED  STATES  41 

R.  S.,  3513  (al876). 

Standard  weights  of  subsidiary  silver  coins; — The,  silver  coins  of  the 
United  States  shall  be  a  trade-dollar,16  a-.hsilf^dQliaryoi''  fifty-cent 
piece,  a  quarter-dollar,  or  twenty-five  cent  piece,  a  dime,  or  ten-cent 
piece ;  and  the  weight  of  the  trade-dollajr  "  shall  :b&  four,  hundred  and 
twenty  grains  troy ;  the  weight  of  th£  half-:doll&r  shall  be  twelve 
grams  and  one-half  of  a  gram ;  the  quarter-dollar  and  the  dime  shall 
be,  respectively,  one-half  and  one-fifth  of  th&  weight  of  snid  half- 
dollar.  '•"  "j"  '"'" •••*  '•»*  :%- 

R.  S.,  3515  (1873). 

Standard  weight  of  minor  coins. — *  *  *  The  weight  of  the  piece 
of  five  cents  shall  be  seventy-seven  and  sixteen-hundredths  grains 
troy;  of  the  three-cent  piece,16  thirty  grains;  and  of  the  one-cent 
piece,  forty-eight  grains. 

R.  S.,  3535  (1873). 

Deviations  from  standard  weight  allowed;  gold  coins. — In  adjusting 
the  weights  of  the  gold  coins,  the  following  deviations  shall  not  be 
exceeded  in  any  single  piece :  In  the  double-eagle  and  the  eagle,  one 
half  of  a  grain ;  in  the  half -eagle,  the  three-dollar  piece,  the  quarter 
eagle,  and  the  one-dollar  piece,  one-fourth  of  a  grain.  And  in 
weighing  a  number  of  pieces  together,  when  delivered  by  the  coiner 
to  the  superintendent,  and  by  the  superintendent  to  the  depositor, 
the  deviation  from  the  standard  weight  shall  not  exceed  one 
hundredth  of  an  ounce  in  five  thousand  dollars,  in  double-eagles, 
eagles,  half-eagles,  or  quarter-eagles,  in  one  thousand  three-dollar 
pieces,  and  in  one  thousand  one- dollar  pieces. 

R.  S.,  3536,  as  amended  Mar.  4,  1911. 

Silver  coins. — In  adjusting  the  weight  of  the  silver  coins  the  fol- 
lowing deviations  shall  not  be  exceeded  in  any  single  piece:  In  the 
dollar,  the  half  and  quarter  dollar,  and  in  the  dime,  one  and  one-half 
grains. 

R.  S.,  3537  (1873). 

Minor  coins,  variation  in  weight. — In  adjusting  the  weight  of  the 
minor  coins  provided  by  this  Title,  there  shall  be  no  greater  devia- 
tion allowed  than  three  grains  for  the  five-cent  piece  and  two  grains 
for  the  three  and  one- cent  pieces. 

R.  S.,  3505  (1873). 

Tolerated  loss  of  weight  by  abrasion. — Any  gold  coins  of  the  United 
States,  if  reduced  in  weight  by  natural  abrasion  not  more  than 
one-half  of  one  per  centum  below  the  standard  weight  prescribed 
by  law,  after  a  circulation  of  twenty  years,  as  shown  by  the  date  of 
coinage,  and  at  a  ratable  proportion  for  any  period  less  than 
twenty  years,  shall  be  received  at  their  nominal  value  by  the  United 
States  Treasury  and  its  offices,  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe  for  the  protection  of  the  Gov- 
ernment against  fraudulent  abrasion  or  other  practices. 

15  The  laws  authorizing  the  coinage  and  issue  of  the  trade-dollar  were  repealed  by  the 
act  of  Mar.  3,  1887,  ch.  396.  Its  legal-tender  quality  had  been  abolished  by  the  resolu 
tion  of  July  22,  1876. 

16  Coinage  discontinued  by  act  of  Sept.  26,  1890,  ch.  945. 


42  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

R.  S.,  5460  (1873). 

Penalty  for  altering  weights  at  mints  or  assay  offices. — *  *  *  If 
any  of 'ih'e'we'?griEs  Vised  at  any  of  the  mints  or  assay  offices  of  the 
United  States  shall  be  defaced,  increased,  or  diminished  through  the 
fault  or  connivance  of  any  of  the  said  officers  or  persons  who  are 
employed  at  the  said  mints  or  assay  offices,  with  a  fraudulent  intent; 

*  *  *  every  such  officer  or  person  who  commits  any  or  either  of 
the  said  offenses  shall"  foe  imprisoned  at  hard  labor  for  a  term  not 
less  than  one  year*nor  more  than  ten  years,  and  shall  be  fined  in  a 
sum  not  more  than  ten  thousand  dollars. 

R.  S.,  2627  (1799). 

Semiyearly  comparison  of  weights  and  measures  used  in  customhouses. — 

*  *  *  It  shall  be  the  duty  of  the  surveyor  *  *  *  First.  To 
superintend  and  direct  all  inspectors,  weighers,  measurers,  and 
gaugers  within  his  port.  *  *  *  Eighth.  To  examine,  and,  from 
time  to  time,  and  particularly  on  the  first  Mondays  of  January  and 
July  in  each  year,  try  the  weights,  measures,  and  other  instruments: 
used  in  ascertaining  the  duties  on  imports,  with  standards  to  be  pro- 
vided by  each  collector  at  the  public  expense  for  that  purpose;  and 
where  disagreements  or  errors  are  discovered,  to  report  the  same  to 
the  collector;  and  to  obey  and  execute  such  directions  as  he  may 
receive  for  correcting  the  same,  agreeably  to  the  standards. 

R.  S.,  2920  (1846). 

Determination  of  weight  or  quantity  of  imports. — In  all  cases  in 
which  the  invoice  or  entry  does  not  contain  the  weight,  or  quantity, 
or  measure  of  merchandise,  now  weighed,  or  measured,  or  gauged, 
the  same  shall  be  weighed,  gauged,  or  measured  at  the  expense  of 
the  owner,  agent,  or  consignee. 

R.  S.,  2837  (1864). 

Foreign  weights  and  measures  to  be  used  in  customs  invoices;  original 
units  in  invoice. — All  invoices  shall  be  made  out  in  the  weights  or 
measures  of  the  country  or  place  from  which  the  importation  is 
made,  and  shall  contain  a  true  statement  of  the  actual  weights  or 
measures  of  such  merchandise,  without  any  respect  to  the  weights 
or  measures  of  the  United  States. 

R.  S.,  2915  (1870). 

Weights  to  appear  on  casks  of  sugar. — The  Secretary  of  the  Treas- 
ury shall,  by  regulation,  prescribe,  and  require  that  samples  from 
packages  of  sugar  shall  be  taken  by  the  proper  officers,  in  such 
manner  as  to  ascertain  the  true  quality  of  such  sugar;  and  the 
weights  of  sugar  imported  in  casks  or  boxes  shall  be  marked  dis- 
tinctly by  the  customhouse  weigher,  by  scoring  the  figures  indelibly 
on  each  package. 

28  Stat,  ch.  168,  p.  150  (1894). 

Terms  of  weights,  measures,  and  money  in  commercial  reports — Prepa- 
ration, printing,  publication,  and  distribution  by  the  Department 
of  State  of  the  diplomatic,  consular,  and  other  commercial  reports, 

*  *  *  That  all  terms  of  measure,  weight,  and  money  shall  be  re- 
duced to  and  expressed  in  terms  of  measure,  weight,  and  coin  of  the 
United  States,  as  well  as  in  the  foreign  terms ;     *     *     * 


UNITED  STATES  43 

R.  S.,  3249  (al872). 

Standard  of  proof  spirits;  prevention  of  frauds.— Proof  spirit  shall  be 
held  to  be  that  alcoholic  liquor  which  contains  one-half  its  volume 
of  alcohol  of  a  specific  gravity  of  seven  thousand  nine  hundred  and 
thirty-nine  ten- thousands  (.7939)  at  sixty  degrees  Fahrenheit.    *    *    * 

R.  S.,  3250  (1868). 

Standard  gallon  to  be  used  in  sales. — In  all  sales  of  spirits  a  gallon 
shall  be  held  to  be  a  gallon  of  proof  spirit,  according  to  the  standard 
prescribed  in  the  preceding  section,  set  forth  and  declared  for  the 
inspection  and  gauging  of  spirits  throughout  the  United  States. 

20  Stat.,  ch.  125,  p.  351. 

Sec.  21  (1879).  Standard  gallon  for  use  in  internal  revenue. — That 
the  word  "  gallon  "  wherever  used  in  the  internal-revenue  law  relat- 
ing to  beer,  lager  beer,  ale,  porter,  and  other  similar  fermented 
liquors  shall  be  held  and  taken  to  mean  a  wine  gallon,  the  liquid 
measure  containing  two  hundred  and  thirty-one  cubic  inches. 

R.  S.,  3308  (al872). 

Authorized  barrel  of  proof  spirits. — Every  distiller  shall  make  a 
return  of  the  number  of  barrels  of  spirits  distilled  by  him,  counting 
forty  gallons  of  proof  spirits  to  the  barrel,  whenever  such  return  is 
demanded  by  the  collector  of  the  district. 

R.  S.,  3339  (al876). 

Standard  barrel  of  fermented  liquors. — *  *  *  a  tax  of  one  dollar 
for  every  barrel  containing  not  more  than  thirty-one  gallons ;  *  *  * 
more  than  one  barrel,  and  not  more  than  sixty-three  gallons,  shall 
be  accounted  two  barrels,  or  a  hogshead.     *     *     * 

R.  S.,  2919  (1866). 

Legal  weight  of  bushel  for  certain  products. — For  the  purpose  of 
estimating  the  duties  on  importations  of  grain  the  number  of  bushels 
shall  be  ascertained  by  weight,  instead  of  by  measuring;  and  sixty 
pounds  of  wheat,  fifty-six  pounds  of  corn,  fifty-six  pounds  of  rye, 
forty-eight  pounds  of  barley,  thirty-two  pounds  of  oats,  sixty  pounds 
of  pease,  and  forty-two  pounds  of  buckwheat "  avoirdupois  weight 
shall  respectively  be  estimated  as  a  bushel. 

Tariff  Act  of  1922,  42  Stat.,  ch.  356,  p.  858. 

Section  1,  Schedule  7.  Barley;  corn  or  maize;  oats;  rye;  wheat; 
apples;  standard  proof  for  vinegar;  pineapples;  flaxseed;  line  measure.— 
Par.  722.  Barley,  hulled  or  unhulled,  20  cents  per  bushel  of  forty- 
eight  pounds;     *     *     * 

Par.  724.  Corn  or  maize,  including  cracked  corn,  15  cents  per 
bushel  of  fifty-six  pounds;     *     *     * 

Par.  726.  Oats,  hulled  or  unhulled,  15  cents  per  bushel  of  thirty- 
two  pounds;     *     *     * 

Par.  728.  Rye,  15  cents  per  bushel  of  fifty-six  pounds ;     *     *     * 

Par.  729.  Wheat,  30  cents  per  bushel  of  sixty  pounds ;     *     *     * 

Par.  734.  Apples,  green  or  ripe,  25  cents  per  bushel  of  50  pounds ; 
*     *     * 

17  So  much  of  this  section  as  relates  to  buckwheat,  namely,  "  forty-two  pounds  of 
buckwheat,"  was  repealed  by  the  McKinley  Tariff  Act  of  1890. 


44  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Par.  738.  Cider,  5  cents  per  gallon ;  vinegar,  6  cents  per  proof  gal- 
lon: Provided,  That  the  standard  proof  for  vinegar  shall  be  4  per 
centum  by  weight  of  acetic  acid. 

Par.  746.  Pineapples,  22^  cents  per  crate  of  one  and  ninety-six 
one  hundredths  cubic  feet;     *     *    * 

Par.  760.  Oil-bearing  seeds  and  materials:  *  *  *  flaxseed,  40 
cents  per  bushel  of  fifty-six  pounds ;     *     *     * 

Par.  1410.  *  *  *  Provided,  That  the  term  "line"  as  used  in 
tins  paragraph  shall  mean  the  line  button  measure  of  one-fortieth 
of  one  inch. 

Sec.  481.  Contents  of  invoice. —  (a)  That  all  invoices  of  merchandise 
to  be  imported  into  the  United  States  shall  set  forth —    *     *     * 

(4)  The  quantities  in  the  weights  and  measures  of  the  county 
or  place  from  which  the  merchandise  is  shipped,  or  in  the  weights 
and  measures  of  the  United  States;     *     *     * 

R.  S.,  2395  (al877). 

Measurement  of  public  lands;  size  of  township  established;  size  of 
legal  section  of  land;  authorized  units  for  land  measurements. — The 
public  lands  shall  be  divided  by  north  and  south  lines  run  according 
to  the  true  meridian,  and  by  others  crossing  them  at  right  angles,  so 
as  to  form  townships  of  six  miles  square,18  unless  where  the  line  of  an 
Indian  reservation,  or  of  tracts  of  land  heretofore  surveyed  or 
patented,  or  the  course  of  navigable  rivers,  may  render  this  imprac- 
ticable; and  in  that  case  this  rule  must  be  departed  from  no  further 
than  such  particular  circumstances  require.  *  *  *  the  township 
shall  be  subdivided  into  sections,  containing,  as  nearly  as  may  be, 
six  hundred  and  forty  acres  each,  by  running  through  the  same, 
each  way,  parallel  lines  at  the  end  of  every  two  miles;  and  by  mak- 
ing a  corner  on  each  of  such  lines,  at  the  end  of  every  mile.     *     *     * 

*  *  *  All  lines  shall  be  plainly  marked  upon  trees,  and  meas- 
ured with  chains,  containing  two  perches  of  sixteen  and  one-half 
feet  each,  subdivided  into  twenty-five  equal  links;  and  the  chain 
shall  be  adjusted  to  a  standard  to  be  kept  for  that  purpose. 

E.  S.,  3306  (1868). 

Using  false  weights  (or  measures)  in  ascertaining  materials;  penalty. — 
Every  person  who  knowingly  uses  any  false  weights  or  measures 
in  ascertaining,  weighing,  or  measuring  the  quantities  of  grain,  meal, 
or  vegetable  materials,  molasses,  beer,  or  other  substances  to  be  used 
for  distillation,  shall  be  fined  not  less  than  five  hundred  dolllars  nor 
more  than  five  thousand  dollars,  and  imprisoned  not  less  than  one 
year  nor  more  than  three  years.     *     *     * 

K.  S.,  3880  (al872). 

Metric  postal  balances  for  post  offices. — The  Postmaster  General  shall 
furnish  to  the  post  offices  exchanging  mails  with  foreign  countries., 
and  to  such  other  offices  as  he  may  deem  expedient,  postal  balances 
denominated  in  grams  of  the  metric  system,  fifteen 19  grams  of 
which  shall  be  the  equivalent  for  postal  purposes,  of  one-half  ounce 
avoirdupois,  and  so  on  in  progression. 

18  The  instructions  of  the  surveyor  general  allow  for  the  convergency  of  meridians. 

19  Attention  is  called  to  the  fact  that  the  avoirdupois  ounce  is  the  present  unit  of 
weight  for  letters  mailed  in  the  United  States,  addressed  for  delivery  in  foreign 
countries. 


UNITED   STATES  45 

R.  S.,  4153  (al909). 

Net  or  register  tonnage  defined. — The  register  tonnage  of  every 
vessel  built  within  the  United  States  or  owned  by  a  citizen  or  citizens 
thereof  shall  be  her  entire  internal  cubical  capacity  in  tons  of  one 
hundred  cubic  feet  each,  to  be  ascertained  as  follows:     *     *     * 

And  the  proper  deduction  from  the  gross  tonnage  having  been 
made,  the  remainder  shall  be  deemed  the  net  or  register  tonnage 
of  such  vessels.     *     *     * 

R.  S.,  4571  (1872). 

Weights  and  measures  to  be  kept  by  merchant  shipmasters. — Every 
master  shall  keep  on  board  proper  weights  and  measures  for  the 
purpose  of  determining  the  quantities  of  the  several  provisions  and 
articles  served  out,  and  shall  allow  the  same  to  be  used  at  the  time 
of  serving  out  such  provisions  and  articles,  in  the  presence  of  a 
witness,  whenever  any  dispute  arises  about  such  quantities,  and  in 
default  shall,  for  every  offense,  be  liable  to  a  penalty  of  not  more 
than  fifty  dollars. 

40  Stat.,  ch.  24,  p.  450,  as  amended  August  20,  1919. 

Sec.  1.  Standard  time  for  territorial  zones;  definition  of  zone  limits. — 
That  for  the  purpose  of  establishing  the  standard  time  of  the  United 
States,  the  territory  of  continental  United  States  shall  be  divided 
into  five  zones  in  the  manner  hereinafter  provided.  The  standard 
time  of  the  first  zone  shall  be  based  on  the  mean  astronomical  time  of 
the  seventy-fifth  degree  of  longitude  west  from  Greenwich ;  that  of 
the  second  zone  on  the  ninetieth  degree ;  that  of  the  third  zone  on  the 
one  hundred  and  fifth  degree;  that  of  the  fourth  zone  on  the  one 
hundred  and  twentieth  degree ;  and  that  of  the  fifth  zone,  which  shall 
include  only  Alaska,  on  the  one  hundred  and  fiftieth  degree.  That 
the  limits  of  each  zone  shall  be  defined  by  an  order  of  the  Interstate 
Commerce  Commission,  having  regard  for  the  convenience  of  com- 
merce and  the  existing  junction  points  and  division  points  of  com- 
mon carriers  engaged  in  commerce  between  the  several  States  and 
with  foreign  nations,  and  such  order  may  be  modified  from  time  to 
time. 

Sec.  2.  Standard  to  govern  movements  of  common  carriers ;  official  acts 
to  be  regulated  thereby. — That  within  the  respective  zones  created 
under  the  authority  hereof  the  standard  time  of  the  zone  shall  govern 
the  movement  of  all  common  carriers  engaged  in  commerce  between 
the  several  States  or  between  a  State  and  any  of  the  Territories  of 
the  United  States,  or  between  a  State  or  the  Territory  of  Alaska  and 
any  of  the  insular  possessions  of  the  United  States  or  any  foreign 
country.  In  all  statutes,  orders,  rules,  and  regulations  relating  to 
the  time  of  performance  of  any  act  by  any  officer  or  department  of 
the  United  States,  whether  in  the  legislative,  executive,  or  judicial 
branches  of  the  Government,  or  relating  to  the  time  within  which 
any  rights  shall  accrue  or  determine,  or  within  which  any  act  shall 
or  shall  not  be  performed  by  any  person  subject  to  the  jurisdiction 
of  the  United  States,  it  shall  be  understood  and  intended  that  the 
time  shall  be  the  United  States  standard  time  of  the  zone  within 
which  the  act  is  to  be  performed. 

Sec.  4.  Standards  designated. — That  the  standard  of  time  of  the  first 
zone  shall  be  known  and  designated  as  United  States  standard  eastern 


46  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

time;  that  of  the  second  zone  shall  be  known  and  designated  as 
United  States  standard  central  time;  that  of  the  third  zone  shall  be 
known  and  designated  as  United  States  standard  mountain  time; 
that  of  the  fourth  zone  shall  be  known  and  designated  as  United 
States  standard  Pacific  time;  and  that  of  the  fifth  zone  shall  be 
known  and  designated  as  United  States  standard  Alaska  time. 

40  Stat.,  ch.  96,  p.  1291,  as  amended  by  Act  approved  April  16,  1926. 

Sec.  1.  Screw-thread  standardization;  commission  created;  composi- 
tion.— That  an  act  entitled  "An  act  to  provide  for  the  appointment 
of  a  commission  to  standardize  screw  threads,"  approved  July  18, 
1918,  as  amended  by  an  act  approved  March  3,  1919,  and  extended 
by  public  resolutions  approved  March  23,  1920,  and  March  21,  1922, 
be,  and  the  same  is  hereby,  amended  so  that  it  will  read : 

"  That  a  commission  is  hereby  created,  to  be  known  as  the  Commis- 
sion for  the  Standardization  of  Screw  Threads,  hereinafter  referred 
to  as  the  commission,  which  shall  be  composed  of  nine  commis- 
sioners, one  of  whom  shall  be  the  Director  of  the  Bureau  of  Stand- 
ards, who  shall  be  chairman  of  the  commission;  two  representatives 
of  the  Army,  to  be  appointed  by  the  Secretary  of  War;  two  repre- 
sentatives of  the  Navy,  to  be  appointed  by  the  Secretary  of  the 
Navy;  and  four  to  be  appointed  by  the  Secretary  of  Commerce,  two 
of  whom  shall  be  chosen  from  nominations  made  by  the  American 
Society  of  Mechanical  Engineers  and  two  from  nominations  made 
by  the  Society  of  Automotive  Engineers. 

"  Sec.  2.  Adoption  of  standard ;  nse  required  for  Army  and  Navy  plants, 
etc. — That  it  shall  be  the  duty  of  said  commission  to  ascertain  and 
establish  standards  for  screw  threads,  which  shall  be  submitted  to 
the  Secretax*y  of  War,  the  Secretary  of  the  Navy,  and  the  Secretary 
of  Commerce  for  their  acceptance  and  approval.  Such  standards, 
when  thus  accepted  and  approved,  shall  be  adopted  and  used  in  the 
several  manufacturing  plants  under  the  control  of  the  War  and 
Navy  Departments,  and,  so  far  as  practicable,  in  all  specifications 
for  screw  threads  in  proposals  for  manufactured  articles,  parts,  or 
materials  to  be  used  under  the  direction  of  these  departments. 

"  Sec.  3.  Publication  officially. — That  the  Secretary  of  Commerce 
shall  promulgate  such  standards  for  use  by  the  public  and  cause  the 
same  to  be  published  as  a  public  document. 

"  Sec.  4.  Service  without  pay. — That  the  commission  shall  serve  with- 
out compensation,  but  nothing  herein  shall  be  held  to  affect  the  pay 
of  the  commissioners  appointed  from  the  Army  and  Navy  or  of 
the  Director  of  the  Bureau  of  Standards. 

"  Sec.  5.  Procedure. — That  the  commission  may  adopt  rules  and 
regulations  in  regard  to  its  procedure  and  the  conduct  of  its 
business." 


LAWS  OF  THE  STATES,  TERRITORIES.  AND  POSSESSIONS  OF  THE 
UNITED  STATES  RELATING  TO  WEIGHTS  AND  MEASURES 


ALABAMA 

Const.,  1901 ;  Crim.  Code,  1907,  p.  72. 

Sec.  77.  No  State  inspection  officer. — No  State  office  shall  be  con- 
tinued or  created  for  the  inspection  or  measuring  of  any  merchan- 
dise, manufacture,  or  commodity,  but  any  county  or  municipality 
may  appoint  such  officers  when  authorized  by  law. 

Agricultural  Code,  1923,  (Acts  1923,  Act  No.  376,  p.  399),  Art.  22,  p.  58. 

Sec.  1.  Standards  to  be  those  established  by  Congress;  penalty 
for  use  of  other  standards. — There  is  but  one  standard  of  measure  of 
length  and  surface,  one  of  weight,  and  one  of  capacity,  throughout 
this  State,  which  must  be  in  conformity  with  the  standard  of  meas- 
ure of  length,  surface,  weight,  and  capacity  established  by  Congress. 
Any  firm,  association,  corporation  or  person,  selling,  offering  or 
exposing  for  sale  any  commodity  by  weight  or  measure  which  does 
not  correspond  with  such  standard  or  measure  is  guilty  of  a  misde- 
meanor and  on  conviction  shall  be  fined  not  less  than  one  nor  more 
than  fifty  dollars. 

Sec.  2.  Contracts,  how  construed. — All  contracts,  made  within  this 
State  for  any  work  to  be  done,  or  for  anything  to  be  sold  and  de- 
livered, must  be  construed  to  have  been  made  according  to  the 
standard  of  weight  and  measure  thus  ascertained,  unless  the  parties 
stipulate  to  the  contrary. 

Sec.  3.  County  standards,  replacement  when  destroyed. — If  the 
weights  and  measures  of  any  county,  consisting  of  one  weight  of 
fifty  pounds,  one  of  twenty-five  pounds,  one  of  fourteen  pounds,  one 
of  seven  pounds,  two  of  four  pounds,  two  of  two  pounds,  and  two 
of  one  pound,  avoirdupois ;  one  measure  of  one  yard,  and  one  of  one 
foot,  cloth  measure;  one  measure  of  half  a  bushel,  one  of  one  peck, 
and  one  of  one-half  peck,  dry  measure;  one  measure  of  one  gallon, 
one  of  a  half  gallon,  one  of  a  quart,  one  of  one  pint,  one  of  one-half 
pint,  and  one  of  one  gill,  wine  measure,  in  conformity  with  such 
standard,  are  destroyed,  without  the  fault  of  any  official  who  by  law 
had  charge  of  the  same,  the  commissioner  of  agriculture  and  indus- 
tries shall,  upon  the  requisition  of  the  probate  judge  and  upon  satis- 
factory evidence  that  the  weights  and  measures  will  be  kept  in  a 
safe  and  suitable  place,  furnish  weights  and  measures  to  such  county. 

Sec.  4.  Weights  per  bushel  and  per  barrel  of  commodities. — The 
legal  weights  per  bushel  of  the  commodities  herein  named  shall  be 
as  follows : 1 


Alfalfa  seed pounds  per  bushel..  60 

Apples,  green do 50 

Apples,  green bushels  per  barrel..  i2)4 

Apples,  dried pounds  per  bushel..  24 

Apple  seed do 40 

Blue-grass  seed -do 14 

Beans,  dried do 60 

Beans,  green,  in  pod do 30 


Beans,  green,  in  pod bushels  per  barrel..      2% 

Beans,  castor pounds  per  bushel. .  46 

Beans,  velvet,  shelled do 60 

Beets.. .do 50 

Blackberries... do 48 

Blackberries,  dried do 28 

Black  medic,  cleaned do 56 

Bran do 20 


'A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference, 
i  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 

517—26 4 


47 


48 


LAWS   CONCERNING   WEIGHTS  AND   MEASURES 


Broomcom pounds  per  bushel.. 

Bur  clover do 

Buckwheat.. do — 

Barley do — 

Carrots.. do — 

Cabbage do 

Carpet  grass  seed -do 

Cherries,  with  stems do 

Cherries,  without  stems do 

Corn,  shelled _ do 

Corn,  in  ear,  shucked.. do 

Corn,  in  car,  with  shucks do 

Corn,  green,  with  shucks do 

Corn,  green,  with  shucks -bushels  per  barrel. 

Cornmeal,  unbolted pounds  per  bushel.. 

Cornmeal,  bolted.. do 

Cucumbers... _._ do 

Chestnuts do 

Cement _ do 

Coke_. do 

Charcoal do 

Coal,  stone .do 

Canary  seed do 

Clover  seed,  red  and  white. do 

Cottonseed do 

Crimson  clover do 

Eggs,  extras ounces  per  dozen  net,  over.. 

Eggs,  No.  1 ounces  per  dozen.net..  24 

Eggs,  No  2 do 20 

Eggs,  No.  3-Ounces  per  dozen  net,  less  than. 
Flaxseed  (linseed) pounds  per  bushel- 
Flour,  shall  be  (in  wood),  .pounds  per  barrel. 
Gooseberries pounds  per  bushel- 
Grapes,  with  stems do... 

Grapes,  without  stems do 

Horse-radish do... 

Hickory  nuts. do 

Hair,  plastering _ do 8 

Hominy _ do 62 

Hungarian  grass  seed ..do 48 

Herds  grass.. do 45 

Hempseed do 44 

Kaffir  corn.. _ do 56 

Japan  clover  (Lespedeza) do 25 

Johnson  grass  seed _ do 25 

Land  plaster ..do 100 

Lime,  unslacked do 80 

Lime,  slacked do 40 


42 

10 

.  60 

.  48 

.  60 

.  50 

.  26 

.  56 

.  64 

.  56 

.  70 

.  75 

.  100 
.      2V2 

.  48 

.  48 

.  48 

.  50 

.  80 

.  40 

.  22 

.  80 

.  60 

.  60 

.  32 

.  60 

.  26 
to  26 
to  24 

.  20 

.  56 

.  196 

.  48 

.  48 
.-    60 

.  50 

.  50 


Liquids... gallons  per  barrel..  42 

Millet  seed  (German,  Missouri,  Tennessee) 

pounds  per  bushel-.  50 

Melilotus  seed  (cleaned) do 60 

Orchard  grass  seed do 14 

Osage  orange  seed do 33 

Oats,  seed do 32 

Onions,  matured ...do 67 

Onions,  top  buttons do 28 

Onions,  button  sets do 32 

Parsnips.. do 45 

Paspalum do (3) 

Peas,  dry do 60 

Peas,  green,  in  hull do 30 

Peaches,  matured do 50 

Peaches,  dried,  unpeeled.. do 33 

Peaches,  dried,  peeled - -do 38 

Pears,  matured do 50 

Pears,  dried - do 26 

Plums do 64 

Pieplant do 50 

Potatoes,  Irish. do 60 

Potatoes,  sweet do 55 

Peanuts do 22 

Popcorn,  shelled do 56 

Popcorn,  unshelled do 70 

Quinces,  matured do 48 

Raspberries do 48 

Rapeseed.. do 50 

Rye  seed .do 56 

Red  top do 14 

Ryegrass  (Italian) _ do 20 

Rice _ do 45 

Sage do 4 

Salt do 50 

Sorghum,  molasses pounds  per  gallon. .  12 

Sorghum  seed pounds  per  bushel..  50 

Strawberries do 48 

Salad,  turnips,  kale do 30 

Salad,  mustard,  spinach do 30 

Speltz _ do 40 

Turnips do 55 

Turnips,  rutabagas do 50 

Tomatoes _ _._ do 56 

Timothy  seed do 45 

Velvert  grass  seed do 7 

Walnuts.. do 50 

Wheat. do 60 


Sec  5.  State  superintendent  of  weights  and  measures,  who  is;  deputy 
superintendent. — The  commissioner  of  agriculture  and  industries  by 
virtue  of  his  office  shall  be  State  superintendent  of  weights  and 
measures  during  his  term  of  office  acting  with  the  advice  and  counsel 
of  the  State  board  of  agriculture.  He  shall  designate  an  assistant 
as  deputy  superintendent  of  weights  and  measures  and  any  other 
competent  inspector  or  agent  of  the  commissioner  of  agriculture 
and  industries  may  be  designated  by  the  commissioner  as  a  State 
inspector  and  sealer  of  weights  and  measures. 

Sec.  6.  Secretary  of  state  to  transfer  standards;  where  kept;  mainte- 
nance ;  city  or  county  standards ;  duties  of  superintendent  and  assistants ; 
regulations  for  guidance  of  sealers. — It  shall  be  the  duty  of  the  secre- 
tary of  state  to  deliver  to  the  commissioner  of  agriculture  and  in- 
dustries, as  superintendent  of  weights  and  measures,  the  standard 
weights  and  measures  which  have  come  into  his  possession  under 
the  provisions  of  chapter  47  of  the  Code  of  1907.  The  commissioner 
of  agriculture  and  industries  shall  duly  receipt  the  secretary  of  state 
for  the  standard  weights  and  measures  received,  and  shall  take 
charge  of  same  for  use  as  provided  in  this  article.  He  shall  cause 
them  to  be  kept  in  a  safe  and  suitable  place  in  his  office,  from  which 
they  shall  not  be  removed  except  for  repairs  or  for  certification, 
and  he  shall  take  all  other  necessary  precautions  for  their  safe-keep- 


8  No  weight  for  paspalum  is  given. 


ALABAMA  49 

ing.  He  shall  maintain  the  State  standard  weights  and  measures 
in  good  order  and  shall  before  they  are  put  into  use,  and  at  least 
once  in  every  ten  years  thereafter  submit  them  to  the  National 
Bureau  of  Standards  for  their  certification.  He  shall  also  obtain 
from  the  National  Bureau  of  Standards  new  and  additional  weights 
and  measures  as  are  adopted  by  the  National  Bureau  of  Standards 
under  a  resolution  of  Congress,  approved  June  14,  1836.  The  new 
weights  and  measures  received  shall  be  used  in  addition  thereto  or 
in  renewal  thereof  of  the  standard  weights  and  measures  received 
from  the  secretary  of  state.  These  standard  weights  and  measures 
when  certified  by  the  National  Bureau  of  Standards  shall  be  the 
State  standards :  Provided,  That  similar  standard  weights  and  meas- 
ures, now  in  possession  of  the  probate  judges  of  the  several  counties 
in  Alabama,  and  any  new  weights  and  measures  when  certified  by 
the  National  Bureau  of  Standards  are  kept  in  a  safe  and  suitable 
place,  to  be  approved  by  the  superintendent  of  weights  and  measures, 
in  the  office  of  the  probate  judge,  may  be  used  in  like  manner  and 
for  the  same  purposes  as  are  the  standard  weights  and  measures 
kept  in  the  office  of  the  superintendent  of  weights  and  measures. 
He  shall,  at  least  once  in  five  years,  try  and  prove,  by  the  State 
standards,  all  weights,  measures  and  other  apparatus  which  may 
belong  to  any  county  or  city,  and  shall  seal  such,  when  found  to 
be  accurate,  stamping  on  them  the  letter  "  C "  and  the  last  two 
figures  of  the  year  with  seals  which  he  shall  have  and  keep  for  that 
purpose.  He  shall  have  and  keep  a  general  supervision  of  the 
weights,  measures,  and  weighing  and  measuring  devices  offered  for 
sale,  sold,  or  in  use,  in  the  State.  He  shall,  upon  the  written  request 
of  any  citizen,  firm,  corporation,  or  educational  institution  in  the 
State,  test  or  calibrate  weights,  measures,  weighing  or  measuring 
devices,  and  instruments  or  apparatus  used  as  standards  in  the  State. 
He,  or  his  deputy  or  inspectors,  by  his  direction,  shall  at  least  once 
annually  test  all  scales,  weights,  and  measures  used  in  checking  the 
receipts  and  disbursements  of  supplies  in  every  institution  for  the 
maintenance  of  which  moneys  are  appropriated  by  the  legislature, 
and  he  shall  report  in  writing  his  findings  to  the  supervisory  board 
and  to  the  executive  officer  of  the  institution  concerned;  and,  at  the 
request  of  such  board  or  executive  officer,  the  superintendent  of 
weights  and  measures  shall  appoint  in  writing  one  or  more  em- 
ployees then  in  the  actual  service  of  each  institution,  who  shall  act 
as  special  deputy  or  deputies,  without  extra  compensation,  for  the 
purpose  of  checking  the  receipts  and  disbursements  of  supplies. 
He  shall  keep  a  complete  record  of  standards,  balances,  and  other 
apparatus  belonging  to  the  State  and  take  a  receipt  for  same  from 
his  successor  in  office.  He  shall  include  a  report  of  the  work  done 
by  his  office  in  his  general  report  to  the  State  board  of  agriculture. 
The  State  superintendent  or  his  deputy,  or  inspectors,  at  his  direc- 
tion, shall  inspect  all  standards  and  apparatus  used  by  the  counties 
and  cities  at  least  once  in  five  years  and  shall  keep  a  record  of  the 
same.  He,  or  his  deputy,  or  inspectors,  at  his  direction  shall  at 
least  once  in  five  years  visit  the  various  cities  and  counties  of  the 
State  in  order  to  inspect  the  work  of  the  local  sealers,  and  in  the 

Eerformance  of  such  duties  he  may  inspect  the  weights,  measures, 
alances,  or  any  other  weighing  appliance  of  any  citizen,  firm,  or 
corporation,  and  shall  have  the  same  power  as  the  local  sealer  of 


50  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

weights  and  measures.  The  superintendent  shall  issue  from  time  to 
time  regulations  for  the  guidance  of  city  and  county  sealers,  and 
the  said  regulations  shall  govern  the  procedure  to  be  followed  by 
the  aforesaid  officers  in  the  discharge  of  their  duties. 

Sec.  6.  City  and  county  standards;  tested  by  State  superintendent. — 
The  board  of  revenue,  or  court  of  county  commissioners,  of  each 
county  and  the  mayor  of  each  city,  who  may,  in  their  discretion, 
appoint  a  sealer  under  this  article,  shall  keep  at  all  times,  at  the 
expense  of  the  county  or  city,  a  complete  set  of  weights  and  measures 
and  other  apparatus  of  such  material  and  construction  as  said  super- 
intendent of  weights  and  measures  may  direct.  All  such  weights, 
measures  and  other  apparatus  having  been  tried  and  accurately 
proven  shall  be  sealed  and  certified  to  by  the  State  superintendent  as 
hereinbefore  provided,  and  shall  be  then  preserved  by  the  county  or 
city  sealer  as  public  standards  for  such  county  or  city. 

Sec.  7.  County  sealer,  appointment  of;  duties;  salary;  no  fees;  powers 
and  duties. — The  court  of  county  commissioners,  or  board  of  revenue, 
of  each  county  may,  in  its  discretion,  appoint  a  county  sealer  of 
weights  and  measures  in  each  county  for  a  term  of  two  years.  He 
shall  be  paid  a  salary  to  be  determined  by  said  board,  and  no  fee 
shall  be  charged  by  him,  or  by  the  county,  for  the  inspection,  testing, 
or  sealing  of  weights,  measures,  or  weighing  or  measuring  devices; 
and,  where  not  otherwise  provided  by  law,  the  county  sealer  shall 
have  the  power  within  his  county,  and  the  State  superintendent,  his 
deputies  and  inspectors,  within  the  State,  to  inspect,  test,  try,  and 
ascertain  if  they  are  correct,  all  weights,  scales,  beams,  measures  of 
every  kind,  instruments,  or  mechanical  devices  for  measuring,  and 
also  all  tools,  appliances,  and  accessories  connected  with  any  and  all 
such  instruments  or  measures  kept,  offered,  or  exposed  for  sale,  sold 
or  used,  or  employed  within  the  county  by  any  proprietor,  agent, 
lessee,  or  employee,  in  proving  the  size,  quantity,  extent,  area,  or 
measurement  of  quantities,  things,  produce,  articles  for  distribution 
or  consumption  offered  or  submitted  by  such  person  or  persons  for 
sale,  hire,  or  award;  and  they  shall  have  power  to  and  shall  from 
time  to  time  weigh  or  measure  packages  or  amounts  of  commodities 
of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered  for  sale,  or 
sold  or  in  the  process  of  delivery,  in  order  to  determine  whether  the 
same  contains  the  amount  represented,  and  whether  they  be  offered 
for  sale  or  sold  in  a  manner  in  accordance  with  law.  The  county 
sealer  shall  at  least  once  each  year,  and  as  much  oftener  as  he  may 
deem  necessary,  see  that  the  weights,  measures,  and  all  apparatus 
used  in  the  county  are  correct.  The  county  and  State  inspectors  or 
agents  may,  for  the  purpose  above  mentioned,  and  in  the  general 
performance  of  their  official  duties,  enter  or  go  in  upon,  and  without 
formal  warrant,  any  stand,  place,  building,  or  premises,  or  stop  any 
vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  delivery  wagon, 
or  any  dealer  whatsoever  and  require  him,  if  necessary,  to  proceed 
to  some  place  which  the  sealer  may  specify  for  the  purpose  of  mak- 
ing the  proper  tests.  Whenever  the  county  sealer  or  State  inspectors 
find  a  violation  of  the  statute  relating  to  weights  and  measures,  they 
shall  cause  the  violator  to  be  prosecuted.  Whenever  any  sealer  or 
inspector  compares  the  weights,  measures,  or  weighing  and  measur- 
ing instruments  and  finds  that  they  correspond,  or  causes  them  to 
correspond,  with  the  standards  in  his  possession,  he  shall  seal  or  mark 


ALABAMA  51 

such  weights,  measures,  or  weighing  or  measuring  instruments  with 
appropriate  devices  to  be  approved  by  the  State  superintendent  of 
weights  and  measures.  The  county  sealer  shall  keep  a  complete 
record  of  all  of  his  official  acts  and  shall  make  an  annual  report  to 
the  board  of  supervisors  and  an  annual  report  duly  sworn  to  on  the 
first  day  of  July  to  the  State  superintendent  of  weights  and  measures 
on  blanks  to  be  furnished  by  the  superintendent.  The  county  sealer 
of  weights  and  measures  shall  forthwith  on  his  appointment  give  a 
bond  in  the  penal  sum  of  one  thousand  dollars  with  sureties  to  be 
approved  by  the  appointing  power  for  the  faithful  performance  of 
the  duties  of  his  office :  Provided,  however,  That  nothing  in  the  above 
shall  be  construed  to  prevent  two  or  more  counties  from  combining 
the  whole  or  any  part  of  their  districts  as  may  be  agreed  upon  by 
the  court  of  county  commissioners  or  board  of  revenue  of  such  coun- 
ties, with  one  set  of  standards  and  one  sealer,  upon  the  written  con- 
sent of  the  State  superintendent  of  weights  and  measures.  A  county 
sealer  appointed  in  pursuance  of  such  an  agreement  for  such  com- 
bination shall,  subject  to  the  terms  of  his  appointment,  have  the  same 
authority,  jurisdiction,  and  duties  as  if  he  had  been  appointed  by 
each  of  the  authorities  who  are  party  to  the  agreement. 

Sec.  8.  Appointment  of  city  sealer;  duties  and  powers;  county  sealer  to 
act,  when. — Any  incorporated  city  in  this  State  may,  in  its  discre- 
tion, appoint  a  city  sealer  of  weights  and  measures  under  this 
article.  He  shall  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  aldermen  or  by  the  city  commission,  as  the  case 
may  be.  He  shall  perform  in  said  city  similar  duties,  and  have  like 
powers,  as  the  county  sealer  in  the  county.  In  those  cities  in  which 
no  sealer  is  appointed  as  above,  the  county  sealer  of  the  county,  if 
there  be  one,  shall  perform  in  said  cities  the  duties  and  have  like 
powers  as  in  the  county:  Provided,  however,  That  nothing  in  the 
above  shall  be  construed  to  prevent  any  county  and  a  city  situated 
[therein]  from  combining  the  whole  or  any  part  of  their  districts  as 
may  be  agreed  upon  by  and  between  the  court  of  county  commis- 
sioners or  board  of  revenue  of  the  county  and  the  mayor  and  alder- 
men, or  city  commission,  of  such  city,  with  one  sealer,  subject  to  the 
written  approval  of  the  State  superintendent  of  weights  and  meas- 
ures. A  sealer  so  appointed  in  pursuance  of  an  agreement  for  such 
combination  shall,  subject  to  the  terms  of  his  appointment,  have  the 
same  authority,  jurisdiction,  and  duties  as  if  he  had  been  appointed 
by  each  of  the  authorities  who  are  parties  to  the  agreement. 

Sec.  9.  False  weights  and  measures;  penalty. — Any  person  who  by 
himself  or  by  his  servant  or  agent  or  as  the  servant  or  the  agent  of 
another  shall  offer  or  expose  for  sale,  sell,  or  use  or  retain  in  his 
possession  a  false  weight  or  measure  or  weighing  or  measuring  device 
or  any  weight  or  measure  or  weighing  or  measuring  device  which 
has  not  been  sealed  by  the  sealer  of  weights  and  measures  within  five 
years,  in  the  buying  or  selling  of  any  commodity  or  thing  or  for  hire 
or  reward;  or  who  shall  dispose  of  any  condemned  weight,  measure, 
or  weighing  or  measuring  device  contrary  to  law  or  remove  any  tags 
placed  thereon  by  the  sealer  of  weights  and  measures ;  or  any  person 
who  by  himself  or  by  his  servant  or  agent  as  the  servant  or  agent  of 
another  shall  knowingly  sell  or  offer  [or]  expose  for  sale  less  than  the 
quantity  he  represents,  or  sell  or  offer  or  expose  for  sale  any  such 
commodity  in  a  manner  contrary  to  law;  or  any  person  who  by 


52  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

himself  or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of 
another,  shall  sell  or  offer  for  sale  or  have  in  his  possession  for  the 
purpose  of  selling  any  device  or  instrument  to  be  used  to,  or  cal- 
culated to,  falsify  any  weight  or  measure,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than  twenty 
dollars  nor  more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  three  months  or  by  both  such  fine  and  imprisonment 
upon  first  conviction ;  but  upon  a  second  or  subsequent  conviction  he 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars  or  by  imprisonment  in  the  county  jail  for 
not  more  than  one  year  or  by  both  such  fine  and  imprisonment. 

Sec.  10.  Police  powers  for  sealers. — The  superintendent  of  weights 
and  measures,  his  deputy,  inspectors,  and  the  county  and  city  sealers 
of  weights  and  measures  are  hereby  made  special  policemen,  and 
are  authorized  to  seize,  for  use  as  evidence  and  without  formal  war- 
rant, any  false  or  unsealed  weight,  measure,  or  weighing  or  measur- 
ing device  or  package  or  amounts  of  commodities  found  to  be  used, 
retained,  or  offered  or  exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  11.  Hindering  or  obstructing  an  official;  penalty. — Any  person 
who  shall  hinder  or  obstruct  in  any  way  the  superintendent  of 
Aveights  and  measures,  his  deputy  or  inspectors,  or  any  county  or 
city  sealer  in  the  performance  of  his  official  duties  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  punished  upon  conviction  thereof, 
in  any  court  of  competent  jurisdiction,  by  a  fine  of  not  less  than  ten 
nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days  or  by  both  such  fine  and 
imprisonment. 

Sec.  12.  Impersonating  an  official;  penalty. — Any  person  who  shall 
impersonate  in  any  way  the  superintendent  of  weights  and  measures, 
his  deputies,  inspectors,  or  any  county  or  city  sealer,  by  use  of  his 
seal  or  otherwise,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  ninety  days  or  by  both  such  fine  and  imprison- 
ment. 

Code,  1923,  Vol.  1,  Pol.  Code,  p.  1066. 

Sec.  2018  (1907).  Scales,  etc. — The  council  [of  municipal  corpora- 
tions] may  provide  public  scales  and  an  inspection  of  weights  and 
measures,  and  may  provide  punishment  for  persons,  firms,  and  cor- 
porations using  fraudulent  weights  and  measures;     *     *     *. 

Agricultural  Code,  1923,  Art.  5,  p.  9. 

Sec.  4.  Food,  misbranding;  net  contents  to  be  marked;  slack  filling  pro- 
hibited.— *  *  *  That  for  the  purpose  of  this  article  an  article  of 
food  or  drugs  shall  also  be  deemed  to  be  misbranded.  A.  In  case 
of  food:  *  *  *  Third.  If  in  package  form,  the  name  of  the 
article,  together  with  the  quantity  of  the  contents  in  terms  or  weight, 
measure,  or  numerical  count  and  the  name  and  principal  address  of 
the  manufacturer  or  other  person  responsible  for  placing  the  article 
on  the  market,  be  not  plainly  and  conspicuously  marked  on  the  out- 
side of  the  package.  Fourth.  If  in  package  form,  the  package  be  not 
filled  with  the  food  it  purports  to  contain,  within  the  limits  of  toler- 
ance fixed  by  the  State  board  of  agriculture,  irrespective  of  whether 


ALABAMA  53 

the  quantity  of  the  contents  be  plainly  and  conspicuously  marked  on 
the  outside  of  the  package  in  terms  of  weight,  measure,  or  numerical 
count. 

Agricultural  Code,  1923,  Art.  6,  p.  13. 

Sec.  10.  Ice  cream,  standard  of  weight. — For  the  purpose  of  this  arti- 
cle, ice  cream  shall  be  deemed  to  be  adulterated:  *  *  *  Fifth. 
If  it  contains  less  weight  per  unit  volume  than  the  standards  pro- 
mulgated from  time  to  time  by  the   State  board   of  agriculture. 

■■:■■       *      * 

Agricultural  Code,  1923,  Art.  10,  p.  23. 

Sec.  4.  The  legal  weight  standard  of  eggs  in  the  State  of  Alabama 
shall  be  as  follows:  Extras,  No.  1,  No.  2,  and  No.  3.  Extras  must 
weigh  over  26  ounces  per  dozen  net.  No.  1  must  weigh  24-26  ounces 
per  dozen  net.  No.  2  must  weigh  20-24  ounces  per  dozen  net.  No.  3 
those  eggs  that  weigh  less  than  20  ounces  per  dozen  net.  When  eggs 
are  sold  on  the  basis  of  the  legal  weight  standard,  the  retail  price 
will  be  quoted  as  of  grade  No.  1.  If  other  than  grade  No.  1,  proper 
adjustment  must  be  made. 

Agricultural  Code,  1923,  Art.  11,  p.  26. 

Sec.  1.  Standard  containers  for  corn  meal;  net  weight  to  be  marked. — 
Any  miller  or  person  shall  be  guilty  of  a  misdemeanor  who 
manufactures,  grinds,  or  re-packs  corn  meal,  or  who  conducts  a 
merchant  mill,  to  pack  or  cause  to  be  packed,  or  be  offered  for  sale 
to  merchants  or  the  general  public,  or  to  carry  in  stock  with  intent 
to  sell,  corn  meal,  bolted  or  unbolted,  packed  in  any  other  than  six 
pounds,  twelve  pounds,  twenty- four  pounds,  forty-eight  pound,  and 
ninety-six  pound  sacks,  or  ninety-six  pound  barrels,  and  one  hun- 
dred and  ninety-six  pound  barrels,  wood;  or  shall  fail  to  have 
plainly  printed  or  stenciled  upon  them  "  bolted  meal,"  or  "unbolted 
meal,"  steam  or  water  ground,  as  the  case  may  be,  as  indicating  the 
kind  of  power  used  in  the  mill  producing  the  same,  "  eighth  bushel," 
"  fourth  bushel,"  or  "  peck,"  ki  half  bushel,"  "  one  bushel,"  "  two 
bushels,"  and  the  barrel  and  half  barrel,  or  who  shall  fail  to  show  the 
net  weight  in  pounds. 

Sec.  2.  Violation  a  misdemeanor;  corn  meal  may  be  sold  from  bulk. — 
Any  merchant,  dealer,  vendor,  hawker,  or  other  person,  who  sells 
any  corn  meal,  bolted  or  unbolted,  in  any  other  than  six  pounds, 
twelve  pounds,  twenty-four  pounds,  forty-eight  pounds,  and  ninety- 
six  pound  sacks,  or  ninety-six  pound  half  barrels,  and  one  hundred 
and  ninety-six  pound  barrels,  wood,  shall  be  guilty  of  a  misde- 
meanor; provided  any  retail  merchant,  may,  on  order,  weigh  and 
sell,  from  bulk  meal,  any  number  of  pounds  desired  by  any  individual 
customer. 

Sec.  3.  Penalty. — Any  person,  convicted  under  either  of  the  two 
preceding  sections,  shall  be  fined  not  less  than  fifty  nor  more  than 
one  hundred  dollars  for  the  first  offense,  but  on  the  second  convic- 
tion shall  be  fined  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars,  one-fourth  of  said  fine  in  either  instance  shall  be 
paid  to  the  informer  furnishing  proof  leading  to  a  conviction,  out 
of  the  county  treasury,  after  the  payment  of  such  fine  upon  the  order 
of  the  solicitor  prosecuting  the  case. 


54  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  4.  Enforcement. — The  commissioner  of  agriculture  and  indus- 
tries shall  cause  to  be  made  from  time  to  time  such  investigations  as 
may  be  necessary  to  determine  whether  the  provisions  of  this  arti- 
cle have  been  complied  with.  If  it  shall  appear  from  such  investi- 
gations that  any  provisions  of  this  article  have  been  violated,  he 
shall  certify  the  facts  to  the  solicitor  in  the  county  or  district  in 
which  the  violation  was  committed  and  furnish  that  officer  with  the 
facts  in  the  case. 

Sec.  5.  Weights  fixed  by  Congress  to  be  recognized  within  the  State. — 
Should  during  the  operation  of  this  article,  a  national  decimal 
weight  bill  or  other  bill  be  passed  by  Congress,  authorizing  the  sale 
in  interstate  commerce  of  corn  meal  in  packages  or  bags  differing  in 
weight  and  branding  from  the  weights  and  branding  prescribed  in 
sections  1  and  2  of  this  article,  the  weights  and  branding  described 
in  the  national  bill  for  interstate  commerce  may  for  the  sake  of  uni- 
formity become  operative  in  the  intrastate  trade  of  Alabama,  in 
lieu  of  the  weights  and  branding  herein  prescribed  in  sections  1  and 
2:  Provided,  That  the  commissioner  of  agriculture  and  industries 
issue  and  give  publicity  to  this  effect. 

Agricultural  Code,  1923,  Art.  20,  p.  51. 

Sec.  1  Grain  and  cottonseed  hulls,  method  of  sale. — Any  person  who 
sells  any  corn,  oats,  rye,wheat,  barley  or  cottonseed  hulls,  in  sacks 
or  bags,  except  in  quantities  hereinafter  respectively  prescribed,  shall 
be  guilty  of  a  misdemeanor. 

Sec.  2.  Weight  of  bags;  marking. — Oats  shall  be  sold  in  sacks  con- 
taining two  and  one-half  and  five  bushels,  weighing  net  respectively 
eighty  and  one  hundred  and  sixty  pounds;  rye  and  corn  in  two 
and  two  and  one-half  bushel  sacks,  weighing  net  one  hundred  and 
twelve  pounds  and  one  hundred  and  forty  pounds  respectively ;  wheat 
in  two  bushel  sacks,  weighing  net,  respectively  ninety-six  and  one 
hundred  and  forty- four  pounds;  and  cottonseed  hulls  in  one 
hundred  pound  sacks  or  bags;  provided,  that  such  sacks,  bags  or 
packages  shall  have  plainly  marked  or  stenciled  thereon  in  large 
type  and  figures,  the  net  quantities  herein  required  and  the  name 
and  address  of  the  manufacturer  or  distributor. 

Sec.  3.  Not  applicable  to  article  sold  in  bulk. — The  foregoing  pro- 
visions shall  apply  only  when  said  articles  are  sold  in  sacks,  bags  or 
other  packages,  and  shall  not  prevent  the  sale  of  any  of  said  articles 
in  bulk.  These  provisions  shall  not  apply  to  sales  of  grain  or  cereals 
by  the  producer  or  grower  of  such  grains  or  cereals. 

Agricultural  Code,  1923,  Art.  31,  p.  85. 

Sec.  3.  Cotton,  amount  and  weight  of  bagging  and  ties  to  be  fixed. — 
Power  is  hereby  conferred  upon  the  State  board  of  agriculture  to 
establish  rules  and  regulations  not  inconsistent  with  law,  for  the 
conduct  and  management  of  public  gins,  the  character,  amount  and 
weight  of  bagging  and  ties  to  be  used,  the  marking  or  tagging  of 
cotton,  the  records  to  be  kept,  reports  made  as  to  ginning  and  other 
like  matters  that  may  tend  to  protect  the  interests  of  the  public. 

Agricultural  Code,  1923,  Art.  32,  p.  86. 

Sec.  1.  Cotton,  deduction  from  weight  unlawful;  untested  weights  pro- 
hibited,— It  shall  be  unlawful  for  any  person,  in  buying  baled  cotton, 


ALABAMA  55 

or  in  weighing  such  cotton  for  sale,  to  deduct  from  the  actual  weight 
thereof,  as  shown  on  a  level-standing  beam  of  the  scale,  or  to  use 
in  weighing  cotton  untested  weights,  so  as  to  deprive  the  seller  of 
the  cotton  of  any  of  its  real  value. 

Sec.  2.  Violation,  penalty. — Any  person,  who  violates  the  preceding 
section,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction,  be  fined 
in  each  case,  not  less  than  ten  nor  more  than  fifty  dollars.  But 
deductions  may  be  made  by  mutual  consent  of  buyer  and  seller  or 
their  authorized  agents  or  representatives,  on  wet  or  damaged  cot- 
ton bales,  on  each  bale  so  weighed  or  deducted  from. 

Sec.  3.  Record  to  be  kept  of  cotton  weighed. — Any  corporation,  com- 
panies, individuals,  or  their  agents,  operating  or  owning  places  for 
storing  and  weighing  cotton,  doing  business  in  this  State,  who  fail 
to  keep  a  record  of  all  bale  cotton  weighed  by  warehousemen,  cor- 
porations, companies,  individuals  or  their  agents,  for  whom  each 
bale  of  cotton  is  weighed,  with  the  names  of  such  persons  arranged 
alphabetically,  or  who  fails  to  keep  such  record  open  to  the  inspec- 
tion of  the  public  at  all  reasonable  times,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars,  for  each  violation 
thereof. 

Agricultural  Code,  1923,  Art.  30,  p.  82. 

Sec.  1.  Terms  denned. — In  this  article  the  term  "  agricultural  prod- 
ucts "  shall  include  horticultural,  viticultural,  dairy,  bee,  poultry 
and  any  f arm  product ;  the  word  "  person  "  shall  include  individuals, 
partnerships,  corporations,  associations,  or  two  or  more  individuals 
having  a  joint  or  common  interest;  words  used  import  the  singular 
or  the  plural  as  the  case  may  demand. 

Sec.  2.  Standards  for  containers. — In  order  to  promote,  protect,  fur- 
ther, and  develop  the  agricultural  interests  of  this  State  the  com- 
missioner of  agriculture  and  industries,  with  the  advice  and  counsel 
of  the  State  board  of  agriculture  is  hereby  authorized  and  empow- 
ered after  investigation  and  public  hearing  to  fix  and  promulgate 
official  standards  for  grading  and  classifying  any  or  all  agricultural 
products  grown  or  produced  in  this  State  and  to  fix  and  promulgate 
official  standards  for  containers  of  farm  products  and  to  change  any 
of  them  from  time  to  time. 

Sec.  3.  Standards,  when  effective. — In  promulgating  the  standards  or 
any  alterations  or  modification  of  such  standards  the  commissioner 
of  agriculture  and  industries  shall  specify  the  date  or  dates  when 
the  same  shall  become  effective  and  shall  give  public  notice  not  less 
than  30  days  in  advance  of  such  date  or  dates  by  such  means  as  he 
deems  proper,  and  he  is  hereby  authorized  and  empowered  to  employ 
reasonable  methods  for  diffusing  information  concerning  the  stand- 
ards that  may  be  fixed  by  him  for  any  agricultural  product  or 
container. 

Sec.  11.  Unlawful  to  use  other  container  when  standard  has  become 
effective. — *  *  *  Whenever  any  standard  for  a  container  for  an 
agricultural  product  becomes  effective  under  this  article,  no  person 
thereafter  shall  pack  for  sale,  offer  for  sale,  consign  for  sale,  or  sell 
and  deliver,  in  a  container,  any  such  agricultural  product  to  which 
the  standard  is  applicable,  unless  the  container  conform  to  the  stand- 


56  LAWS   CONCEKNING  WEIGHTS  AND   MEASUBES 

aid  subject  to  such  variations  therefrom  as  may  be  allowed  in  the 
regulations  made  under  this  article,  unless  such  product  be  brought 
from  outside  the  State  and  offered  for  sale,  consigned  for  sale  or 
sold  in  the  original  package.  Any  person  violating  this  section  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  more  than  five  hundred  dollars  or  be  imprisoned  not  more 
than  one  year  or  both. 

Agricultural  Code,  1923,  Art.  15,  p.  32. 

Sec.  2.  Commercial  feeds;  size  of  bags. — Every  lot  or  parcel  of  com- 
mercial feeds  sold  in  this  State  shall  have  affixed  thereto  a  tag  or 
label,  in  a  conspicuous  place  on  the  outside  thereof,  containing  a 
legible  and  plainly  printed  statement  in  the  English  language,  clearly 
and  truly  certifying  the  net  weight  of  the  package  (provided  that 
all  commercial  feeds  shall  be  in  standard  weight  bags  or  packages 
of  25,  50,  100,  150  or  200  pounds,  except  that  packages  weighing 
eight  and  one-third  pounds  net  may  be  distributed  to  retailers  in 
one  hundred  pound  containers  and  sold  only  when  the  packages  are 
tagged  or  labeled  as  provided  in  this  article  and  the  one  hundred 
pound  container  have  affixed  thereto  a  one  cent  tax  stamp) ;  the 
name,  brand,  or  trade-mark  under  which  the  article  is  sold;  the 
name  and  address  of  the  manufacturer,  jobber  or  importer,     *     *     * 

Agricultural  Code,  1923,  Art.  16,  p.  36. 

Sec.  15.  Commercial  fertilizer;  weight  to  be  marked. — Every  bag, 
barrel  or  package  of  commercial  fertilizers  sold  or  distributed  with- 
in this  State  shall  have  affixed  thereto  a  tag  or  label,  containing  a 
legible  and  plainly  printed  statement  in  the  English  language, 
clearly  and  truly  certifying  the  following  information  in  the  order 
indicated.  (1)  Net  weight  of  each  bag,  barrel  or  package  in  pounds; 
(2)  brand  name  or  trade  mark;     *     *     * 

Code,  1923,  Vol.  2,  Crim.  Code,  ch.  249,  p.  815. 

Sec.  5614°.  Selling  by  false  weights  and  measures. — If  any  person 
shall  knowingly  buy  or  sell  by  false  weights  or  measures,  he  shall  be 
deemed  a  common  cheat,  and  shall  be  punished  as  for  a  misdemeanor. 

Code,  1923,  Vol.  2,  Crim.  Code,  ch.  Ill,  p.  212. 

Sec.  3774  (a)  (al890).  Weighing  cotton. — It  shall  be  unlawful  for 
any  person,  firm,  company,  or  corporation,  in  buying  baled  cotton,  or 
in  weighing  such  cotton  for  sale,  to  deduct  from  the  actual  weight 
thereof,  as  shown  on  a  level-standing  beam  of  the  scale,  or  to  use  in 
weighing  cotton  untested  weights,  so  as  to  deprive  the  seller  of  the 
cotton  of  any  of  its  real  value. 

Sec.  3775.  Violation. — Any  person,  firm,  company  or  corporation 
who  violates  the  preceding  section,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  be  fined  in  each  case,  not  less  than  ten  nor  more 
than  fifty  dollars.  But  deductions  may  be  made  by  mutual  consent 
of  buyer  and  seller  or  their  authorized  agents  or  representatives,  on 
wet  or  damaged  cotton  bales,  on  each  bale  so  weighed  or  deducted 
from. 

Code,  1923,  Vol.  1,  Pol.  Code,  ch.  47,  p.  1253. 

Sec.  2729  (1915).  Standard  measure  for  oysters;  stamped  by  inspec- 
tor; record  of  measures. — A  standard  measure  for  oysters  is  estab- 


ALABAMA  57 

lished,  which  said  measures  shall  consist  of  a  tub  or  other  round 
vessel  of  the  following  dimensions,  to  wit,  it  shall  measure 
seventeen  inches  in  diameter  inside  at  the  bottom  and  twenty- 
one  and  a  half  inches  in  diameter  inside  at  the  top,  and  fourteen 
and  a  half  inches  inside  from  bottom  to  top,  or  a  box  con- 
taining the  equivalent  number  of  cubic  inches  or  a  box  twenty 
inch  by  twenty  inch  by  twelve  and  sixty-one  one-hundredths  of  an 
inch.  Two  of  these  measures  filled  to  the  top  shall  make  one 
barrel,  and  all  oysters  bought  and  sold  in  this  State  in  the  shell 
shall  be  measured  in  a  measure  of  these  dimensions,  or  a  measure 
holding  a  fraction  or  multiple  thereof,  and  it  shall  be  unlawful 
for  any  person  to  have  in  his  possession  any  measure  for  oysters 
in  the  shell  which  shall  differ  inside  from  the  measure  herein  pro- 
vided for,  or  demand  or  require  a  greater  or  less  measure  in  buying 
or  selling ;  and  no  vessel  or  measure  shall  be  used  in  buying  or  selling 
oysters  until  it  has  been  measured  and  stamped  by  the  oyster  inspec- 
tor. The  oyster  inspector  shall  measure  such  measures  and  shall 
visit  for  that  purpose  each  place  where  oysters  are  bought  and  sold, 
and  he  shall  keep  a  book  in  which  shall  be  recorded  the  dimensions 
of  all  measures  so  measured. 

Code,  1923,  Vol.  2,  Crim.  Code,  ch.  201,  p.  654. 

Sec.  5115  (1892).  Illegal  measurement  in  buying  and  selling  oysters. — 
Any  person  buying  or  selling  oysters  in  the  shell  by  measure  who  uses 
any  other  than  the  box  measure  of  the  shape  and  dimensions  required 
by  law  must,  on  conviction,  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars. 

Agricultural  Code,  1923,  Art.  19,  p.  49. 

Sec.  1.  White  lead  or  paint  to  be  labeled. — Every  person  who  shall 
sell,  within  this  State,  any  white  lead  or  paint,  shall  accurately  label 
the  same  as  hereinafter  required. 

Sec.  2.  Definition. — The  term  "  paint "  as  used  in  this  article,  shall 
include  white  lead  in  oil  or  any  compound  intended  for  the  same 
use,  paste  or  semi-paste,  and  liquid  or  mixed  paint  of  any  kind 
ready  for  use,  or  any  compound  intended  for  the  same  use. 

Sec.  3.  Net  contents  to  be  marked. — Labels  required  by  this  article 
shall  clearly  and  distinctly  state  the  name  and  address  of  the  manu- 
facturer of  the  article,  or  the  dealer  therein,  or  of  the  party  for 
whom  the  same  is  manufactured,  *  *  *.  The  label  shall  also 
state,  in  case  of  liquid  paints,  and  other  compounds,  on  packages 
holding  one  quart  or  more,  the  net  measure  of  contents  of  each  can, 
package  or  container.  In  case  of  white  lead  and  other  paints  and 
compounds,  the  label  shall  show  on  packages  weighing  four  pounds 
or  more  the  net  weight  of  each  can,  package  or  container. 

Agricultural  Code,  1923,  Art.  6,  p.  13. 

Sec.  8.  Operators  of  milk  or  cream  testing  apparatus  to  be  licensed; 
violation,  penalty. — It  shall  be  unlawful  for  any  person  to  operate 
a  milk  or  cream  testing  apparatus  to  determine  the  percentage  of 
milk  fat  in  milk  or  cream  for  the  purpose  of  purchasing  same, 
either  for  himself  or  another,  without  first  securing  a  license  from 
the  commissioner  of  agriculture  and  industries,  who  shall  issues  such 
license  upon  a  form  prepared  by  him,  upon  payment  of  a  fee  of  one 
dollar,  for  a  period  of  twelve  months;  provided  the  applicant  for 


58  LAWS   CONCEBNING  WEIGHTS  AND  MEASTJBES 

license  shall  pass  a  satisfactory  personal  examination  that  shall  sat- 
isfy said  commissioner  that  he  is  competent  and  qualified  to  operate 
and  use  such  apparatus  and  make  an  accurate  test  with  same  which 
license  may  be  revoked  by  the  commissioner  when  it  shall  be  shown 
that  such  licensed  person  is  incompetent  or  unreliable.  Any  person 
making  application  for  tester's  license  may  be  issued  a  permit  by  the 
commissioner  to  do  testing  until  such  time  as  a  personal  examination 
can  be  given  by  the  commissioner  or  his  duly  authorized  agent.  The 
testing  of  each  lot  of  milk  or  cream  by  any  unlicensed  person  shall 
constitute  a  separate  offense  under  this  article:  Provided,  That  any 
licensed  person  may  for  a  valid  reason  satisfactory  to  said  commis- 
sioner, appoint  a  substitute  for  a  period  not  to  exceed  fifteen  days, 
and  subject  to  the  approval  of  said  commissioner. 

Sec.  9.  Unlawful  falsely  to  manipulate  testing  apparatus. — It  shall  be 
unlawful  for  any  person,  either  for  himself  or  another  to  falsely 
manipulate  or  under-read  or  over-read  or  take  inaccurate  samples 
or  take  any  false  determinations  by  Babcock  test  or  any  other  con- 
trivance used  to  determine  the  quantity  of  fat  in  milk  or  cream  or 
value  of  milk  or  cream  delivered  to  a  creamery,  cheese  factory,  con- 
densary,  ice  cream  plant,  milk  plant,  or  milk  depot,  or  when  sold  or 
purchased.  The  test  shall  be  clear  oil,  free  from  sediment,  solids,  or 
other  foreign  substance,  and  must  be  read  at  a  temperature  of  125 
degrees — 140  degrees  F.  Cream  test  must  be  weighed.  The  scales 
must  be  sensitive  and  accurate.  The  tester  and  owner  or  owners  are 
jointly  responsible  for  their  accuracy.  All  licensed  receiving  sta- 
tions, conducted  for  the  purchase  of  butter  fat  either  in  the  form  of 
cream  or  milk,  shall  retain  in  a  cool,  clean  sanitary  place,  and  in 
tightly  stopped  bottles,  or  tightly  covered  jars  the  exact,  properly 
labeled  samples  of  cream  or  milk  from  which  the  butter  fat  test  has 
been  conducted,  until  4  p.  m.  of  the  day  following  the  application  of 
the  test  where  daily  testing  is  practiced,  and  until  4  p.  m.  of  the 
second  day  following  the  application  of  the  test  where  composite 
testing  of  individual  deliveries  is  practiced. 

Code,  1923,  Vol.  1,  Pol.  Code,  ch.  41,  p.  949. 

Sec.  1616  (1911).  Standards,  etc.,  to  be  procured. — The  chief  mine 
inspector  shall  procure  for  the  State  at  the  State's  expense  a  full  and 
complete  set  of  standards  and  other  equipment,  such  as,  in  his 
opinion,  are  necessary  in  the  testing  of  scales,  beams,  and  other  neces- 
sary apparatus  to  be  used  for  a  just  weighing  of  coal  and  other 
material  at  the  coal  mines  according  to  the  State  standard  of  weights ; 
and  it  shall  be  the  duty  of  said  inspector  to  examine,  test  and  cause 
to  be  adjusted  as  often  as  occasion  demands,  all  scales  and  other 
apparatus  used  in  weighing  coal  at  coal  mines. 

Sec.  1708.  Scales  provided  by  owner  when  miners  paid  by  weight. — 
The  owner  or  operator  of  each  coal  mine,  at  which  the  miners  are 
paid  by  weight,  shall  provide  such  mines  with  suitable  scales  of 
standard  make  for  the  weighing  of  all  coal,  when  contracted  for  to 
be  weighed. 

Sec.  1709.  Coal  weighed  and  credit  given  miner,  2,000  pounds  a  ton. — 
All  coal  mined  in  this  State,  contracted  for  payment  by  the  ton  or 
other  weight  shall  be  weighed,  and  the  full  weight  thereof  shall  be 
credited  to  the  miner  of  such  coal,  and  two  thousand  pounds  of  coal 
shall  constitute  a  ton. 


ALABAMA 


59 


Sec.  1710.  Check  weighman  may  be  furnished  by  miners;  duties,  etc., 
of. — In  all  coal  mines,  the  miners  employed  and  working  therein 
may  furnish  a  check  weighman,  who  shall,  at  proper  times,  have  full 
access  and  examination  of  the  scales,  and  see  all  measures  and  weights 
and  accounts  kept  of  same :  Provided,  That  not  more  than  one  per- 
son shall  have  such  right  of  access,  examination  and  inspection  of 
scales,  measures  and  accounts  at  the  same  time. 

Sec.  1711.  Persons  having  access  to  scales,  etc. — The  mine  inspector, 
miners  employed  in  the  coal  mines  and  the  owner  of  the  land  or  per- 
sons interested  in  the  rental  and  royalty  of  such  mines,  shall  at  all 
times  have  full  right  of  access  to  scales  used  at  said  mines,  including 
tally  sheets  or  tally  book  in  which  the  weight  of  coal  is  kept,  to 
examine  the  amount  of  coal  mined,  for  the  purpose  of  testing  the 
accuracy  thereof. 

Code,  1923,  Vol.  2,  Crim.  Code,  ch.  186,  p.  626. 

Sec.  4988  (1894).  Mine  operator  failing  to  have  ore  or  coal  accu- 
rately weighed. — Any  person  or  corporation  operating  any  ore  or 
coal  mine  in  which  miners  or  other  laborers  are  employed  to  mine 
or  cut  ore  or  coal  for  a  compensation  to  be  determined  by  the  weight 
of  the  ore  or  coal  mined  or  cut,  who  fails  to  weigh,  or  cause  to  be 
weighed,  accurately  and  correctly,  any  ore  or  coal  so  mined  or  cut 
by  such  miners  or  laborers,  must,  on  conviction,  be  fined  for  each 
offense  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 


ALASKA 

Compiled  Laws,  1913,  Crim.  Code,  ch.  3,  p.  653. 

Sec.  1949°.  Using  false  weight,  etc. — That  if  any  person  shall  know- 
ingly use  any  false  weight  or  measure,  and  shall  thereby  defraud  or 
otherwise  injure  another,  or  shall  knowingly  mark  or  stamp  a  false 
weight  or  measure  or  false  tare  upon  any  cask  or  package,  or  shall 
knowingly  sell  or  offer  for  sale  any  cask  or  package  so  marked,  such 
person,  upon  conviction  thereof,  shall  be  punished  by  imprisonment 
in  the  county  jail  not  less  than  one  month  nor  more  than  one  year, 
or  by  fine  not  less  than  fifty  nor  more  than  five  hundred  dollars. 

60 


ARIZONA 


Revised  Stats.,  1913,  Title  56,  p.  1787. 

Sec.  5510  (1912).  Standards  adopted. — The  weights  and  measures 
received  from  the  United  States  under  a  resolution  of  Congress  ap- 
proved June  14,  1886  [1836,]  and  such  new  weights  and  measures  as 
shall  be  received  from  the  United  States  as  standard  weights  and 
measures  in  addition  thereto  or  in  renewal  thereof,  and  such  as  shall 
be  supplied  by  the  State  in  conformity  therewith  and  certified  by  the 
National  Bureau  of  Standards,  shall  be  the  State  standards  by  which 
all  municipal  standards  of  weights  and  measures  shall  be  tried, 
approved,  and  sealed. 

Sec.  5511.  State  inspector;  fees;  proviso;  fees,  record  and  disposition 
of. — There  shall  be  a  State  inspector  of  weights  and  measures  who 
shall  be  appointed  by  the  governor  by  and  with  the  advice  and  con- 
sent of  the  Senate.  Such  inspector  shall  be  appointed  for  a  term  of 
two  years  and  shall  receive  a  salary  of  two  thousand  dollars  per  year. 
The  State  inspector  of  weights  and  measures  shall  be  allowed  for 
clerical  services  and  for  traveling  and  contingent  expenses  for  him- 
self such  sums  as  shall  be  appropriated  by  the  legislature. 

For  inspecting,  testing,  and  sealing,  weights  and  measures  the 
State  inspector  shall  charge,  and  collect  from,  the  person  owning  or 
using  such  Aveight  or  measure,  the  following  fees :  Provided,,  however, 
That  no  fee  shall  be  charged  or  collected  for  the  inspection  of 
weights  or  measures,  or  weighing  or  measuring  devices,  of  any  State 
institution : 

For  each  counter  scales  of  capacity  of  6  pounds  or  less $0. 15 

For  each  counter  scales  of  capacity  of  more  than  6  pounds .  25 

For  each  counter  scales  of  1,000  pounds  or  less .  50 

For  each  portable  platform  scales  of  capacity  of  more  than  1,000  pounds-  1.  00 

For  each  dormant  or  floor  scales 2.50 

For  each  railroad-track  scales 5.00 

For  each  spring  scales  of  capacity  of  30  pounds  or  more .  50 

For  each  spring  scales  of  capacity  of  less  than  30  pounds .  25 

For  all  other  scales,  instruments,  and  devices  for  weighing  not  herein 

specified,    each .  50 

For  each  measure  containing  1  gallon  or  less .  05 

For  each  measure  containing  more  than  1  gallon,  for  first  gallon,  and  for 

each  additional  gallon  or  fractional  part  thereof .  05 

For  each  yard  measure  or  fractional  part  thereof .05 

Provided,  however,  That  where  any  weight  or  weights,  measure  or 
measures,  scale  or  scales,  balance  or  balances,  scale  beam  or  scale 
beams,  steelyard  or  steelyards,  or  any  other  instrument  or  device 
for  weighing  or  measuring,  used  by  or  belonging  to  any  person,  firm, 
or  corporation  shall  be  tested  by  said  inspector  oftener  than  once  per 
year,  no  fee  or  fees  shall  be  charged  or  collected  for  more  than  one 
inspection  per  year,  except  in  case  such  instrument  or  device  be  found 
upon  a  subsequent  testing  to  be  false  and  incorrect,  whereupon  the 
regular  fee  shall  be  collected  and  paid. 

61 


62  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

The  inspector  shall  keep  an  itemized  list  of  all  fees  collected  by 
him  in  pursuance  of  this  title,  and  at  the  end  of  each  month  he  shall 
turn  said  fees  and  said  itemized  list  over  to  the  State  treasurer  and 
take  his  receipt  therefor. 

Sec.  5512.  Further  duties  of  State  inspector;  State  standards,  preserva- 
tion and  verification;  report;  inspection  of  city  standards  and  work  of 
local  sealers;  police  powers;  record  of  inspection;  bond. — The  State  in- 
spector of  weights  and  measures  shall  take  charge  of  the  standards 
adopted  by  this  title  as  the  standards  of  the  State,  and  cause  them  to 
be  kept  in  a  fireproof  building  belonging  to  the  State  (or  in  a  safe 
and  suitable  place  in  the  office  of  the  inspector),  from  which  they 
shall  not  be  removed  except  for  repairs  or  for  certification;  and  he 
shall  take  all  other  necessary  precautions  for  their  safe-keeping.  He 
shall  maintain  the  State  standards  in  good  order,  and  shall  submit 
them  at  least  once  in  ten  years  to  the  National  Bureau  of  Standards 
for  certification.  He  shall  at  least  once  in  two  years  try  and  prove  by 
the  State  standards  all  standards,  weights,  measures  and  other  test- 
ing apparatus,  which  may  belong  to  any  city,  and  shall  seal  such 
when  found  to  be  accurate  by  stamping  on  them  the  letter  "A" 
and  the  last  two  figures  of  the  year,  with  seals  which  he  shall 
have  and  keep  for  that  purpose.  He  shall  procure,  at  the  expense 
of  the  State,  a  portable  set  of  weights  and  measures,  balances  and 
other  necessary  testing  appliances,  to  be  used  in  the  inspection  of 
all  weights,  or  measures,  weighing  or  measuring  devices,  owned 
by  the  State,  or  by  any  person,  firm,  or  corporation,  or  by  any 
agent,  lessee,  or  employee  thereof,  in  all  precincts,  towns  or  cities 
with  a  population  of  not  more  than  five  thousand  nor  less  than 
nine  hundred  inhabitants  according  to  the  latest  official  State  or 
United  States  census.  He  shall  compare  such  portable  set  of 
weights  and  measures,  balances,  and  other  necessary  testing  ap- 
pliances, with  the  State  standards,  at  least  once  annually,  and  in  the 
event  such  portable  set  of  standards  is  found  to  be  inaccurate,  he 
shall  cause  it  to  correspond  with  the  State  standards  in  his  custody. 
He  shall  have  and  keep  a  general  supervision  of  the  weights,  meas- 
ures, and  weighing  and  measuring  devices,  offered  for  sale,  sold,  or 
in  use  in  the  State.  He  shall  upon  the  written  request  of  any  citizen, 
firm,  corporation,  or  educational  institution  in  the  State,  test  or  cali- 
brate weights,  measures,  or  other  weighing  or  measuring  devices  and 
instruments  or  apparatus  used  as  standards  in  the  State.  He  shall 
at  least  once  annually  test  all  scales,  weights,  and  measures,  used  in 
checking  the  receipts  or  disbursements  of  supplies  in  any  institution 
for  the  maintenance  of  which  moneys  are  appropriated  by  the  legis- 
lature, and  he  shall  report  in  writing  his  findings  to  the  supervisory 
board,  and  to  the  executive  officers  of  the  institution  concerned,  and, 
at  the  request  of  such  board  of  executive  officers,  the  State  inspector 
of  weights  and  measures  shall  appoint  one  or  more  employees  then 
in  the  actual  service  of  such  institution,  who  shall  act  as  special 
deputies  for  the  purpose  of  checking  the  receipts  or  disbursements 
of  supplies.  He  shall  keep  a  complete  record  of  the  standards,  bal- 
ances and  other  apparatus,  belonging  to  the  State,  and  take  a  receipt 
for  the  same  from  his  successor  in  office.  He  shall  annually  on  the 
first  day  of  June  make  to  the  governor  a  report  of  the  work  done  by 
his  office.  The  State  inspector  shall  inspect  all  standards  and  ap- 
paratus used  by  the  cities  at  least  once  in  two  years,  and  shall  keep 


AEIZONA  63 

a  record  of  the  same.  He  shall  at  least  once  every  year  visit  the 
various  cities  of  the  State  having  city  sealers,  in  order  to  inspect 
the  work  of  such  local  sealers,  and  in  the  performance  of  such  duties 
he  may  inspect  the  weights,  measures,  balances,  or  any  other  weigh- 
ing or  measuring  appliances,  of  any  citizen,  firm,  or  corporation, 
and  shall  have  the  same  powers  as  the  local  sealer  of  weights  and 
measures.  It  shall  be  the  duty  of  the  State  inspector,  and  he  is 
hereby  empowered,  in  all  precincts,  towns,  or  cities  of  not  less  than 
nine  hundred,  nor  more  than  five  thousand  inhabitants  according  to 
the  latest  official  State  or  United  States  census,  and  in  all  other 
places  and  precincts  whenever  request  is  filed  with  his  office  so  to  do, 
to  inspect,  test,  try  and  ascertain  if  they  are  correct,  at  least  once 
a  year,  and  as  much  oftener  as  he  may  deem  necessary,  all  weights, 
scales,  beams,  measures  of  every  kind,  instruments  or  mechanical 
devices  for  weighing  or  measuring,  and  tools,  appliances,  or  acces- 
sories, connected  with  any  or  all  such  instruments  kept,  offered,  or 
exposed  for  sale,  sold,  or  used,  or  employed,  within  the  city  by  any 
proprietor,  agent,  lessee  or  employee,  in  proving  the  size,  quantity, 
extent,  area,  or  measurements,  or  quantities,  of  things,  produce,  or 
articles  for  distribution  or  consumption  offered  or  submitted  by  any 
such  person  or  persons  for  sale,  hire,  or  award ;  and  he  shall  have  the 
power  to  and  shall  from  time  to  time,  weigh  or  measure  packages  or 
amounts  of  commodities  of  whatsoever  kind  kept  for  the  purpose  of 
sale,  offered  for  sale,  or  sold,  or  in  the  process  of  delivery,  in  order 
to  determine  whether  the  same  contains  the  amount  represented,  and 
whether  they  be  offered  for  sale  or  sold  in  a  manner  in  accordance 
with  law.  He  may  for  the  purpose  above  mentioned  and  in  the  gen- 
eral performance  of  his  official  duties,  enter  and  go  into  or  upon, 
and  without  formal  warrant,  any  stand,  place,  building  or  premises, 
or  stop  any  vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon, 
delivery  wagon,  or  any  dealer  whatsoever,  and  require  him,  if  neces- 
sary, to  proceed  to  some  convenient  place  for  the  purpose  of  making 
the  proper  test.  When  the  State  inspector  finds  a  violation  of  the 
statutes  relating  to  weights  and  measures,  he  may  cause  the  violator 
to  be  prosecuted.  When  the  inspector  compares  weights  or  measures, 
or  weighing  or  measuring  instruments,  and  finds  that  they  corre- 
spond with  the  standards  in  his  possession,  he  shall  seal  or  mark 
such  weights  or  measures,  or  weighing  or  measuring  instruments 
with  appropriate  devices.  He  shall  condemn  and  seize,  and  may 
destroy  incorrect  weights  or  measures,  or  weighing  or  measuring 
instruments  which  in  his  best  judgment  are  not  susceptible  of  satis- 
factory repair ;  but  such  as  are  incorrect  and  yet  may  be  repaired  he 
shall  mark  or  tag  as  "  condemned  for  repairs."  The  owner  or  users 
of  any  weights  or  measures,  or  weighing  or  measuring  instruments 
of  which  such  disposition  is  made  shall  have  the  same  repaired  or 
corrected  within  fifteen  days,  and  they  may  not  use  or  dispose  of  the 
same  in  any  way,  but  shall  hold  the  same  at  the  disposal  of  the 
inspector.  Any  apparatus  which  has  been  "  condemned  for  repairs  " 
and  has  not  been  repaired  as  required  above,  shall  be  confiscated  by 
the  inspector. 

The  State  inspector  shall  keep  in  a  book,  together  with  a  card 
index  system  to  be  furnished  him  by  the  State,  a  complete  list  of 
all  scales,  or  weights,  or  weighing  or  measuring  devices,  inspected 
517—26 5 


64  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

and  tested  by  him,  the  name  of  the  person,  firm,  or  corporation, 
owning  the  same,  and  the  date  and  result  of  all  inspections,  and 
shall  at  all  times  keep  the  same  open  to  the  inspection  of  the  public. 

The  State  inspector  shall  issue  from  time  to  time  regulations  for 
the  guidance  of  city  sealers,  and  the  said  regulations  shall  govern 
the  procedure  to  be  followed  by  the  aforesaid  officers  in  the  dis- 
charge of  their  duties. 

The  State  inspector  shall  forthwith  on  his  appointment  give  a 
bond  in  the  penal  sum  of  five  thousand  dollars  with  sureties  to  be 
approved  by  the  governor  for  the  faithful  performance  of  the  duties 
of  his  office  and  for  the  safety  of  the  standards  entrusted  to  his  care, 
and  for  the  surrender  thereof  immediately  to  his  successor  in  office 
or  to  the  person  appointed  by  the  governor  to  receive  them. 

Sec.  5513.  State  inspector  to  test  electric,  water,  and  gas  meters; 
tolerance  allowed;  record  of  meters  tested. — It  shall  be  the  duty  of  the 
State  inspector  of  weights  and  measures,  in  unincorporated  or  in- 
corporated cities  or  towns  with  a  population  of  not  more  than  five 
thousand  nor  less  than  nine  hundred  inhabitants,  according  to  the 
latest  official  State  or  United  States  census,  at  least  once  in  every 
two  years,  and  as  much  oftener  as  he  may  deem  necessary,  to  test 
the  accuracy  of  every  meter  used  or  to  be  used  in  the  measuring  of 
any  water,  electricity  or  gas  furnished  or  to  be  furnished  to  the 
consumer  through  such  meter.  If  the  meter  tested  shall,  upon  test 
thereof,  by  the  inspector,  be  found  to  measure  too  fast  or  too  slow 
by  as  much  as  three  per  centum,  such  meter  shall  be  condemned  by 
him  and  shall  not  be  again  used  or  used  at  all  until  corrected  and 
made  to  measure  accurately.  Unless  any  water,  gas,  or  electric 
meter  is  made  to  conform  with  the  standard  of  such  State  inspector 
within  thirty  days  after  the  date  of  the  condemnation  by  such  in- 
spector, the  said  State  inspector  is  not  required  to  retest  such  con- 
demned water,  gas  or  electric  meter  for  a  period  of  one  year 
thereafter. 

The  State  inspector  shall  keep  in  a  book,  together  with  a  card 
index  system  to  be  furnished  him  by  the  State,  a  complete  list  of 
all  meters  inspected  and  tested  by  him,  the  name  of  the  person,  firm, 
or  corporation  owning  the  same,  the  name  of  the  furnisher  of  the 
water,  gas,  or  electricity,  the  name  of  the  consumer  thereof,  and  the 
date  and  result  of  all  inspections,  and  shall  at  all  times  keep  the 
same  open  to  the  inspection  of  the  public. 

Sec.  5514.  State  inspector  to  test  meter  used  as  standard. — He  shall, 
upon  the  written  request  of  any  citizen,  firm  or  corporation,  or  edu- 
cational institution  in  the  State,  test  any  water,  gas,  or  electric 
meters  used  as  standards  in  the  State.  He  shall,  at  least  once  every 
year,  test  all  water,  gas,  and  electric  meters  used  in  any  institution 
for  the  maintenance  of  which  moneys  are  appropriated  by  the  legis- 
lature, and  he  shall  report  in  writing  his  findings  to  the  supervisory 
board  and  to  the  executive  officers  of  the  institution  concerned. 

Sec.  5515.  Standards  to  be  procured  and  kept  by  cities;  test,  certifica- 
tion and  preservation. — The  common  council  of  each  city  required  to 
appoint  a  sealer  under  this  title,  shall  procure  at  the  expense  of  the 
city,  and  shall  keep  at  all  times,  a  complete  set  of  weights  and  meas- 
ures, and  other  testing  apparatus,  of  such  materials  and  construction 
as  the  said  State  inspector  may  designate.    All  such  weights  and 


AEIZONA  65 

measures,  and  other  testing  apparatus,  having  been  tried  and  ac- 
curately proved  by  him,  shall  be  sealed  and  certified  to  by  the  State 
inspector,  as  hereinbefore  provided,  and  shall  then  be  deposited 
with  and  preserved  by  the  city  sealer  as  public  standards  for  such 
city.  Whenever  the  common  council  of  such  city  shall  neglect  for 
six  months  so  to  do,  the  city  clerk  of  such  city,  on  notification  and 
request  by  the  State  inspector,  shall  provide  such  standards  and 
cause  the  same  to  be  tried,  sealed  and  deposited,  at  the  expense  of 
the  city. 

Sec.  5516.  Appointment  of  city  sealers;  tenure  and  salary;  powers  and 
duties;  may  condemn  and  seize  apparatus;  reports;  cities  may  combine; 
fees. — There  shall  be  a  city  sealer  of  weights  and  measures  in  unin- 
corporated or  incorporated  towns  or  cities  of  not  less  than  five  thou- 
sand population,  according  to  the  latest  official  State  or  United 
States  census,  who  shall  be  appointed  by  the  common  council  of 
such  city  for  a  period  of  one  year.  He  shall  be  paid  a  salary  deter- 
mined by  such  board,  said  salary  not  to  be  less  than  nine  hundred 
dollars  a  year. 

Where  not  otherwise  provided  by  law,  the  city  sealer  shall  have 
the  power  within  his  city  to  inspect,  test,  try  and  ascertain  if  they 
are  correct  all  weights,  scales,  beams,  measures  of  every  kind,  in- 
struments or  mechanical  devices  for  weighing  and  measuring,  and 
tools,  appliances,  or  accessories,  connected  with  all  such  instruments 
and  measures,  kept,  offered  or  exposed  for  sale,  sold,  used,  or  em- 
ployed, within  the  city  by  any  proprietor,  agent,  lessee,  or  employee, 
in  having  the  size,  quantity,  extent,  area,  or  measurements,  of  quanti- 
ties, things,  produce,  or  articles  for  distribution  or  consumption, 
offered  or  submitted  by  such  person  or  persons  for  sale,  hire,  or 
award;  he  shall  have  the  power  to,  and  shall  from  time  to  time, 
weigh  or  measure  packages  or  amounts  of  commodities  of  whatso- 
ever kind  kept  for  the  purpose  of  sale,  or  sold,  or  in  the  process  of 
delivery,  in  order  to  determine  whether  the  same  contains  the 
amounts  represented  and  whether  they  be  offered  for  sale  or  sold, 
in  a  manner  in  accordance  with  law.  He  shall  at  least  twice  each 
year,  and  as  much  oftener  as  he  deems  necessary,  test  the  accuracy 
of  weights,  measures,  and  weighing  or  measuring  devices  used  in 
such  city.  He  may  for  the  purpose  above  mentioned,  and  in  the 
general  performance  of  his  duties,  enter  and  go  into  or  upon,  with- 
out formal  warrant,  any  stand,  place,  building  or  premises,  or  stop 
any  vender,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  delivery 
wagon  or  any  dealer  whatsoever,  and  require  him,  if  necessary,  to 
proceed  to  some  convenient  place  for  the  purpose  of  making  the 
proper  test.  When  the  city  sealer  finds  a  violation  of  the  statutes 
relating  to  weights  and  measures,  he  shall  cause  the  violators  to  be 
prosecuted.  When  the  sealer  compares  weights  or  measures,  or 
weighing  or  measuring  instruments,  and  finds  that  they  correspond 
with  the  standards  in  his  possession,  he  shall  seal  or  mark  such 
weights,  measures,  or  weighing  or  measuring  instruments,  with  ap- 
propriate devices,  to  be  approved  by  the  State  inspector  of  weights 
and  measures.  He  shall  condemn  and  seize,  and  may  destroy,  in- 
correct weights  and  measures,  or  weighing  or  measuring  instru- 
ments, which  in  his  best  judgment  are  not  susceptible  of  satisfactory 
repairs;  but  such  as  are  incorrect  and  yet  may  be  repaired,  he  shall 


66  LAWS  CONCEKNING  WEIGHTS  AND  MEASUBES 

mark  or  tag  as  "  Condemned  for  repairs  "  in  a  manner  prescribed 
by  the  State  inspector.  The  owner  or  users  of  any  weights  or  meas- 
ures, or  weighing  or  measuring  instruments,  of  which  such  disposi- 
tion is  made,  shall  have  the  same  repaired  or  corrected  within  fif- 
teen days,  and  they  may  neither  use  or  dispose  of  the  same  in  any 
way,  but  shall  hold  same  at  the  disposal  of  the  sealer,  and  any  ap- 
paratus which  has  been  "condemned  for  repairs,"  and  has  not  been 
repaired  as  required  above,  shall  be  confiscated  by  the  sealer. 

The  city  sealer  shall  keep  in  a  book,  together  with  a  card-index 
system  to  be  furnished  him  by  the  common  council,  a  complete  list 
of  all  scales,  or  weights,  or  weighing  or  measuring  devices,  inspected 
and  tested  by  him,  the  name  of  the  person,  firm  or  corporation  using 
such  scales,  weights  or  weighing  or  measuring  devices,  and  the  date 
and  result  of  all  inspections,  and  shall  at  all  times  keep  the  same 
open  to  the  inspection  of  the  public. 

The  city  sealer  shall  keep  a  complete  record  of  all  his  official  acts, 
and  shall  make  a  monthly  and  an  annual  report  to  the  common 
council  of  such  city,  and  a  monthly  and  an  annual  report  duly 
sworn  to,  on  the  first  day  of  each  month  and  year,  to  the  State 
inspector  of  weights  and  measures,  on  blanks  to  be  furnished  by 
said  inspector. 

The  city  sealer  of  weights  and  measures  shall  forthwith  on  his 
appointment  give  a  bond  in  the  penal  sum  of  one  thousand  dollars, 
with  sureties  to  be  approved  by  the  appointing  power,  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

Provided,  however,  That  nothing  in  the  above  shall  be  construed 
to  prevent  two  or  more  cities  from  combining  the  whole  or  any  part 
of  their  districts  as  may  be  agreed  upon  by  the  common  councils  of 
such  cities,  with  one  set  of  standards  and  one  sealer,  upon  the  written 
consent  01  said  State  inspector.  A  city  sealer  appointed  in  pur- 
suance of  an  agreement  of  such  combination  shall,  subject  to  the 
terms  of  his  appointment  have  the  same  authority,  jurisdiction  and 
duties  as  if  he  had  been  appointed  by  each  of  the  authorities  who  are 
parties  to  the  agreement. 

For  inspecting,  testing  and  sealing  weights  and  measures  the  city 
sealer  shall  charge  and  collect  from  the  person  owning  or  using  such 
weight  or  measure  the  following  fees: 

For  each  counter  scales  of  capacity  of  6  pounds  or  less $0. 15 

For  each  counter  scales  of  capacity  of  more  than  6  pounds .  25 

For  each  portable  platform  scales  of  capacity  of  1,000  pounds  or  less .  50 

For  each  portable  platform  scales  of  capacity  of  more  than  1,000  pounds-  1. 00 

For  each  dormant  or  floor  scales 2. 50 

For  each  railroad-track  scales 5.00 

For  each  spring  scales  of  capacity  of  30  pounds  or  more .  50 

For  each  spring  scales  of  capacity  of  less  than  30  pounds .  25 

For  all  other  scales,  instruments  and  devices  for  weighing  not  herein 

specified,  each .  50 

For  each  measure  containing  1  gallon  or  less .  05 

For  each  measure  containing  more  than  1  gallon,  for  first  gallon,  and  for 

each  additional  gallon  or  fractional  part  thereof .05 

For  each  yard  measure  or  fractional  part  thereof .  05 

Provided,  however,  That  where  any  weight  or  weights,  measure 
or  measures,  scale  or  scales,  balance  or  balances,  scale  beam  or  scale 
beams,  steelyard  or  steelyards,  or  any  other  instrument  or  device  for 
weighing  or  measuring  used  by  or  belonging  to  any  person,  firm  or 
corporation,  shall  be  tested  by  said  sealer  oftener  than  twice  per  year, 


ARIZONA  67 

no  fee  or  fees  shall  be  charged  or  collected  for  more  than  the  two  in- 
spections per  year,  except  in  case  such  instrument  or  device  be  found 
upon  such  subsequent  testing  to  be  false  and  incorrect,  whereupon 
the  regular  fee  shall  be  collected  and  paid. 

The  sealer  shall  keep  an  itemized  list  of  all  fees  collected  by  him 
in  pursuance  of  this  title  and  at  the  end  of  each  month  he  shall 
turn  said  fees  and  said  itemized  list  over  to  the  city  treasurer  and 
take  his  receipt  therefor. 

Sec.  5517.  City  sealer  to  test  appliances. — It  shall  be  the  duty  of  the 
city  sealer  in  unincorporated  or  incorporated  cities  of  not  less  than 
five  thousand  population,  according  to  the  latest  official  State  or 
United  States  census,  at  least  once  in  every  two  years  and  as  much 
oftener  as  may  in  his  judgment  be  necessary,  or  whenever  requested 
in  writing  by  either  the  furnisher  of  water,  electricity,  or  gas,  or  by 
the  consumer  of  the  same,  to  test  the  accuracy  of  any  meter  used  or 
to  be  used  in  the  measuring  of  any  water,  electricity,  or  gas  fur- 
nished or  to  be  furnished  to  the  consumer  through  such  meter.  If 
the  meter  tested  shall,  upon  a  test  thereof  by  the  sealer,  be  found  to 
measure  too  fast  or  too  slow  by  as  much  as  three  per  cent,  such  meter 
shall  be  condemned  by  him,  and  the  owner  or  owners  of  the  same  shall 
be  notified  of  the  condemnation  at  the  time  when  such  condemna- 
tion is  made  by  the  city  sealer,  and  such  meter  shall  not  be  again 
used  or  used  at  all  until  corrected  and  made  to  measure  accurately. 

The  city  sealer  shall  keep  in  a  book,  together  with  a  card-index 
system  to  be  furnished  him  by  the  city,  a  complete  list  of  all  meters 
inspected  and  tested  by  him,  the  name  of  the  person,  firm  or  cor- 
poration owning  the  same,  the  name  of  the  furnisher  of  the  water, 
gas  or  electricity,  the  name  of  the  consumer  thereof,  and  the  date 
and  result  of  all  inspections,  and  shall  at  all  times  keep  the  same 
open  to  the  inspection  of  the  public. 

Sec.  5518.  Penalty  for  use  of  false  weights  or  measures. — Any  person 
who  by  himself  or  by  his  servant  or  agent,  or  as  the  servant  or 
agent  of  another,  shall  offer  or  expose  for  sale,  sell,  or  use,  or  retain 
in  his  possession,  a  false  weight  or  measure,  or  weighing  or  measur- 
ing device,  or  any  weight  or  measure,  or  weighing  or  measuring 
device,  which  has  not  been  sealed  by  the  city  sealer  or  the  State 
inspector  of  weights  and  measures  within  one  year,  in  the  buying 
or  selling  of  any  commodity  or  thing,  or  for  hire  or  award,  or  who 
shall  dispose  of  any  condemned  weight,  measure,  or  weighing  or 
measuring  device,  contrary  to  law,  or  remove  any  tag  placed  thereon 
by  a  city  sealer  or  the  State  inspector  of  weights  and  measures,  or 
any  person  who  by  himself  or  his  servant,  or  agent,  or  as  the  servant 
or  agent  of  another,  shall  use,  or  offer,  or  expose  for  sale  less  than 
the  quantity  he  represents,  or  sell  or  offer,  or  expose  for  sale,  any 
such _ commodity  in  a  manner  contrary  to  law;  or  any  person  who 
by  himself,  or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of 
another,  shall  sell  or  offer  for  sale,  or  have  in  his  possession  for  the 
purpose  of  selling,  any  device  or  instrument  to  be  used  or  calculated 
to  falsify  any  weight  or  measure,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  and  fifty  dollars,  or  by  imprisonment 
for  not  more  than  three  months,  or  by  both  such  fine  and  imprison- 
ment, upon  a  first  conviction;  but  upon  a  second  or  subsequent  con- 


68  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

viction  he  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Sec.  5519.  Evidence  as  to  use  of  false  apparatus. — The  proximity  of 
any  weight,  measure,  scale,  balance  or  other  instrument  or  device  for 
weighing  or  measuring  any  goods,  wares  or  merchandise  kept,  sold 
or  offered  by  any  person,  firm,  or  corporation  to  any  such  goods, 
wares,  or  merchandise,  shall  be  prima  facie  evidence  of  the  use  of 
such  instrument  or  device  for  weighing  or  measuring  the  same,  and 
all  such  instruments  or  devices  so  located  as  aforesaid  are  hereby 
declared  to  be  subject  to  all  the  provisions  of  this  title. 

Sec.  5520.  Sealers  to  be  special  policemen. — The  said  State  inspector 
and  city  sealers  of  weights  and  measures  are  hereby  made  special 
policemen,  and  are  authorized  and  empowered  to  arrest  without 
formal  warrant,  any  violator  of  the  statutes  in  relation  to  weights 
and  measures,  and  to  seize  for  use  as  evidence  and  without  formal 
warrant,  any  false  or  unsealed  weight,  measure,  or  weighing  or 
measuring  device,  or  package  or  amounts  of  commodities  found  to 
be  used,  retained,  or  offered  or  exposed  for  sale,  or  sold,  in  violation 
of  law. 

Sec.  5521.  Sealers  not  to  deal  in  appliances  for  weighing  or  measuring. — 
It  shall  be  unlawful  for  the  State  inspector  or  any  city  sealer  of 
weights  and  measures,  to  keep  for  sale,  expose  or  offer  for  sale,  or 
to  sell,  to  any  person,  firm,  or  corporation  or  dealer  in  goods,  wares, 
and  merchandise,  doing  or  intending  to  do  business  as  such  in  the 
State  of  Arizona,  any  weights,  measures,  scales,  balances,  or  weighing 
or  measuring  devices  of  any  kind  for  weighing  or  measuring  goods, 
wares,  merchandise  or  to  be  interested  directly  or  indirectly  in  the 
sale  of  such  instruments  or  devices. 

Sec.  5522.  Water,  electric,  or  gas  meter  to  be  tested  before  installa- 
tion.— It  shall  be  unlawful  for  any  person,  firm,  or  corporation,  in 
any  city  having  a  city  sealer  of  weights  and  measures,  to  install  any 
water,  electric,  or  gas  meter,  for  measuring  water,  electricity,  or  gas 
for  purposes  of  lighting,  heating,  or  other  commercial  or  domestic 
uses,  without  first  having  had  such  meter  tested  by  the  city  sealer  of 
weights  and  measures. 

Sec.  5523.  Regulation  of  charges,  minimum  charge;  tolerance. — It 
shall  be  unlawful  for  any  person,  firm,  or  corporation,  to  sell  and 
deliver,  charge  and  collect  for  water,  electrical  energy,  or  illuminat- 
ing gas,  used  or  to  be  used  for  lighting,  heating,  or  other  commercial 
or  domestic  purposes,  except  by  meter  measurement,  if  the  consumer 
shall  request  that  the  same  be  sold  by  meter  measurement;  or 
to  charge  and  collect  for  a  greater  amount  of  such  water,  elec- 
trical energy,  or  illuminating  gas,  than  actually  furnished  during  the 
period  for  which  the  charge  was  made :  Provided,  however.  That  an 
allowance  of  not  exceeding  three  per  centum  may  be  made  for  inac- 
curacy in  meter  measurement. 

And  provided,  further,  That  upon  application  to  the  corporation 
commission,  said  commission  may  permit  any  corporation,  engaged 
in  furnishing  water,  electrical  energy  or  illuminating  gas  to  make 
such  minimum  charge,  not  exceeding  one  dollar  per  month,  as  said 
-commission  may  deem  proper,  but  such  minimum  charge  shall  in  no 


AEIZONA  69 

case  be  added  to  any  charge  for  water,  electrical  energy,  or  gas  con- 
sumed; and  upon  like  application,  the  corporation  commission  may 
permit  any  corporation  furnishing  power  to  make  such  reasonable 
minimum  charge  as  said  commission  may  prescribe,  but  such  mini- 
mum charge  shall  in  no  case  be  added  to  any  charge  for  power  con- 
sumed :  And  provided  further,  That  no  charge  in  the  first  installation 
shall  be  made  by  any  public  service  corporation  for  making  connec- 
tion for  water,  gas,  electricity  for  lighting,  or  telephones.  Any  pub- 
lic service  corporation  demanding  and  receiving  a  deposit  of  money 
from  any  consumer  shall  pay  annually  to  such  consumer  interest  on 
such  amount  so  long  as  it  remains  on  deposit  at  the  rate  of  8  per  cent 
per  annum. 

Sec.  5524.  Unlawful  to  use  condemned  appliances. — It  shall  be  unlaw- 
ful for  any  person,  firm,  or  corporation  to  use  any  water,  electric,  or 
gas  meter  which  shall  have  been  tested  and  condemned  by  the  State 
inspector  or  city  sealer  of  weights  and  measures,  for  the  purpose  of 
measuring  water,  electricity,  or  gas,  without  first  having  had  the 
same  corrected  and  made  to  record  the  measurement  of  the  same 
accurately. 

Sec.  5525.  Meter  readings  to  be  filed  with  city  sealer. — In  cities  hav- 
ing a  sealer  of  weights  and  measures,  where  water,  illuminating  gas, 
or  electrical  energy  is  or  shall  hereafter  be  sold,  every  person,  firm, 
or  corporation  furnishing  such  water,  gas,  or  electricity,  shall  file  at 
the  office  of  the  city  sealer  a  complete  written  list  of  the  readings  of 
all  water,  gas,  or  electric  meters,  together  with  the  individual  meter 
numbers,  and  the  address  of  the  premises  upon  which  such  meter  is 
located,  upon  the  day  such  readings  are  made. 

Sec.  5526.  Fee  for  testing  meter. — The  fee  for  making  the  test  of  any 
water,  gas,  or  electric  meter  shall  be  the  sum  of  one  dollar,  and  shall 
in  all  cases  be  advanced  and  paid  by  the  party  demanding  the  test, 
but  in  case  the  meter  be  one  already  in  use  and  be  found  to  be  measur- 
ing too  fast  by  as  much  as  three  per  centum  the  inspector  or  sealer 
shall  return  the  fee  to  the  consumer  if  same  was  advanced  by  him, 
and  the  same  shall  be  and  become  a  lawful  charge  against  the  fur- 
nisher, and  the  inspector  or  sealer  shall  collect  the  fee  from  the  said 
furnisher  of  water,  gas,  or  electricity. 

Sec.  5527.  Penalty. — Any  person,  firm,  or  corporation,  or  any  agent 
or  employee  thereof,  violating  any  of  the  provisions  of  the  five 
preceding  sections  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  ten  dollars,  nor  more  than  two  hundred  and  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than  one 
day  nor  more  than  ninety  days,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  5528.  Each  day's  violation  separate  offense. — The  continuance  of 
such  violation  from  day  to  day  shall  be  deemed  a  separate  offense 
as  to  each  day  on  which  such  violation  is  continued. 

Sec.  5529.  Inspectors  under  control  of  corporation  commission. — Such 
State  inspector  and  city  sealer  of  weights  and  measures  shall  be 
under  the  direction  and  control  of  the  corporation  commission  in  all 
functions  connected  with  the  inspection  of  water,  gas,  and  electric 
meters,  as  herein  provided. 

Sec.  5530.  Penalty  for  obstructing'  inspector. — Any  person  who  shall 
hinder  or  obstruct  in  any  way  the  said  State  inspector,  or  any  city 
sealer  of  weights  and  measures,  in  the  performance  of  his  duty, 


70  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  upon  con- 
viction thereof  in  any  court  of  competent  jurisdiction,  by  a  fine  of 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  not  more  than  ninety  days, 
or  by  both  such  fine  and  imprisonment. 

Sec.  5531.  Penalty  for  impersonating  inspector. — Any  person  who 
shall  impersonate  in  any  way  said  State  inspector,  or  any  city  sealer 
of  weights  and  measures,  by  use  of  his  seal,  or  counterfeit  of  his 
seal,  or  otherwise,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  5532.  Standard  of  weights  and  measures. — For  weighing  grain 
hay,  coal,  groceries,  and  other  like  heavy  articles  of  commerce,  the 
standard  unit  of  weight  shall  be  the  pound  avoirdupois,  containing 
7,000  grains  troy;  for  weighing  precious  metals  and  jewels  the  unit 
shall  be  the  pound  troy,  containing  5,760  grains;  for  weighing 
goods  and  medicines  when  same  are  used  in  compound,  and  filling 
prescriptions  by  druggists,  the  unit  shall  be  the  pound  apothecary's, 
containing  5,760  grains  troy,  but  in  all  other  cases,  such  drugs  and 
medicines  shall  be  sold  by  avoirdupois  weight;  for  measuring  grain, 
fruit,  coal  and  vegetables,  the  unit  shall  be  the  Winchester  bushel, 
containing  2,150.42  cubic  inches;  and  for  measuring  all  liquids, 
except  ale,  beer  and  such  liquids  as  enter  into  the  composition  of 
medical  prescriptions,  the  unit  shall  be  the  wine  or  liquid  gallon, 
containing  231  cubic  inches;  the  unit  for  measuring  ale  and  beer 
shall  be  the  ale  or  beer  gallon,  containing  282  cubic  inches.  Such 
liquids  as  are  used  in  the  composition  of  medical  prescriptions 
shall  be  measured  by  apothecary's  fluid  measure.  The  unit  of  linear 
measure  shall  be  the  yard,  containing  thirty-six  inches  in  length,  and 
being  identical  with  the  imperial  yard  of  Great  Britain. 

Sec.  5534.  Coal  to  be  sold  by  weight  only ;  delivery  ticket. — It  shall  be 
unlawful  to  sell  or  offer  to  sell  in  this  State,  any  coal  in  any  other 
manner  than  by  weight.  No  person,  firm,  or  corporation  shall  de- 
liver any  coal  without  such  delivery  being  accompanied  by  a  delivery 
ticket  and  a  duplicate  thereof,  on  each  of  which  shall  be  in  ink  or 
other  indelible  substance,  distinctly  expressed  in  pounds,  the  gross 
weight  of  the  load,  the  tare  of  the  delivery  vehicle,  quantity  or  quan- 
tities of  coal  contained  in  the  cart,  wagon,  vehicle,  bag,  sack  or  con- 
tainer used  in  such  deliveries,  with  the  name  of  the  purchaser  thereof 
and  the  name  of  the  dealer  from  whom  purchased.  One  of  these  tick- 
ets shall  be  surrendered  to  the  State  inspector  or  the  city  sealer  of 
weights  and  measures,  upon  his  demand,  for  his  inspection ;  and  this 
ticket,  or  a  weight  slip  issued  by  the  State  inspector  or  the  city  sealer, 
when  the  State  inspector  or  city  sealer  desires  to  retain  the  original, 
shall  be  delivered  to  the  said  purchaser  of  sail  coal,  or  his  agent,  or 
his  representatives  at  the  time  of  the  delivery  of  the  fuel,  and  the 
other  ticket  shall  be  retained  by  the  seller  of  the  fuel.  When  the 
buyer  carries  away  the  purchase  a  delivery  ticket  showing  the  actual 
number  of  pounds  delivered  to  the  purchaser  must  be  given  to  the 
purchaser  at  the  time  the  sale  is  made. 

Sec.  5535.  Bottles  for  sale  of  distilled  water,  milk,  and  cream;  variations 
and  tolerances ;  bow  marked ;  not  required  to  be  sealed. — Bottles  used  for 
the  sale  of  distilled  water,  milk,  and  cream,  shall  be  of  the  ca- 


ABIZONA  71 

pacity  of  one-half  gallon,  three  pints,  one  quart,  one  pint,  one-half 
pint,  and  one  gill  filled  full  to  the  bottom  of  the  lip. 

The  following  variations  of  individual  bottles  or  jars  may  be 
allowed,  but  the  average  content  of  not  less  than  twenty-five  bottles 
selected  at  random  from  at  least  four  times  the  number  tested,  must 
not  be  in  error  by  more  than  one-fourth  of  the  tolerances: 

Six  drams  above  and  six  drams  below  on  the  half  gallon;  five 
drams  above  and  five  drams  below  on  the  three  pint;  four  drams 
above  and  four  drams  below  on  the  quart;  three  drams  above  and 
three  drams  below  on  the  pint;  two  drams  above  and  two  drams 
below  on  the  half  pint;  two  drams  above  and  two  drams  below  on 
the  gill. 

Bottles  or  jars  used  for  the  sale  of  distilled  water,  milk,  or  cream,, 
shall  have  clearly  blown,  or  otherwise  permanently  marked,  in  the 
side  of  the  bottles  the  capacity  of  the  bottles  and  in  the  side  or  bot- 
tom of  the  bottles  the  name,  initials,  or  trade-mark,  of  the  dealer 
using  the  same.  Any  dealer  who  uses  for  the  purpose  of  selling 
distilled  water,  milk,  or  cream,  jars  or  bottles  purchased  after  this 
law  takes  effect,  that  do  not  comply  with  the  requirements  of  this 
section  as  to  marking  and  capacity,  shall  be  deemed  guilty  of  using 
a  false  or  insufficient  measure.  The  said  State  inspector  and  city 
sealers  of  weights  and  measures,  are  not  required  to  seal  all  bottles 
or  jars  used  for  distilled  water,  milk,  or  cream,  but  they  shall  from 
time  to  time  make  tests  of  individual  bottles  used  by  the  various 
persons,  firms,  or  corporations,  in  the  State  over  which  they  have 
jurisdiction,  in  order  to  ascertain  whether  the  above  provisions  are 
being  complied  with. 

Sec.  5536.  Wood;  sale  by  cord  or  fractional  part  only;  delivery  ticket, 
requirements  for. — It  shall  be  unlawful  for  any  person,  firm,  or  cor- 
poration, to  sell  or  offer  to  sell  in  the  State,  any  cut  or  sawed  or 
split  wood,  in  any  other  manner  than  by  the  cord,  or  fractional 
part  thereof. 

Where  cut  or  sawed  or  split  wood  is  sold  by  the  cord  or  fractional 
part  thereof,  no  person,  firm,  or  corporation  shall  deliver  such  wood 
without  such  delivery  being  accompanied  by  a  delivery  ticket  and 
a  duplicate  thereof,  on  each  of  which  shall  be  in  ink,  or  other  in- 
delible substance  distinctly  expressed  in  cords  or  fractional  parts 
thereof,  the  quantity  or  quantities  of  wood  contained  in  the  cart, 
wagon,  vehicle,  bag,  sack,  or  container,  used  in  such  deliveries, 
with  the  name  of  the  purchaser  thereof  and  the  name  of  the  dealer 
from  whom  purchased.  One  of  these  tickets  shall  be  surrendered  to 
the  State  inspector  or  city  sealer  of  weights  and  measures,  upon 
his  demand,  for  his  inspection,  and  this  ticket  or  a  weight  slip 
issued  by  the  State  inspector  or  city  sealer,  when  the  inspector  or 
sealer  desires  to  retain  the  original,  shall  be  delivered  to  the  said 
purchaser  of  said  wood,  or  his  agent  or  representative,  at  the  time 
of  the  delivery  of  the  fuel;  and  the  other  ticket  shall  be  retained 
by  the  seller  of  the  fuel.  When  the  buyer  carries  away  the  purchase, 
a  delivery  ticket  showing  the  actual  number  of  cords,  or  fractional 
part  thereof,  delivered  over  to  the  purchaser  must  be  given  to  the 
purchaser  at  the  time  the  sale  is  made. 

Sec.  5537.  Ice,  sale  by  weight. — Every  person,  firm,  or  corporation, 
engaged  in  the  business  of  selling  and  distributing  ice  at  retail  shall 
sell  same  by  weight. 


72  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  5538.  Hay,  how  sold;  delivery  ticket;  baled  hay,  how  marked; 
allowance  for  shrinkage. — It  shall  be  unlawful  to  sell  or  offer  to  sell 
in  the  State  any  baled  hay  in  any  other  manner  than  by  weight, 
except  by  an  agreement  between  the  seller  and  the  purchaser  to  the 
contrary.  No  person,  firm  or  corporation,  shall  deliver  any  hay 
without  such  delivery  being  accompanied  by  a  delivery  ticket,  and  a 
duplicate  thereof,  on  each  of  which  shall  be  in  ink  or  other  indelible 
substance  distinctly  expressed  in  pounds,  the  gross  weight  of  the  load, 
the  tare  of  the  delivery  vehicle,  the  quantity  or  quantities  of  hay 
contained  in  said  cart,  wagon  or  vehicle  used  in  such  deliveries,  with 
the  name  of  the  purchaser  and  the  name  of  the  dealer  from  whom 
purchased :  Provided,  That  loose  hay  in  stacks  or  by  wagon  load  may 
be  sold  by  measurement,  by  an  agreement  between  the  seller  and  the 
purchaser,  but  when  hay  is  shipped  in  carloads,  it  shall  not  be  neces- 
sary to  stamp,  print  or  mark  the  weight  of  the  bales. 

One  of  these  tickets  shall  be  surrendered  to  the  State  inspector  or 
city  sealer  of  weights  and  measures,  upon  his  demand  for  his  inspec- 
tion and  this  ticket  or  weight  slip  issued  by  the  State  inspector  or 
city  sealer,  when  the  inspector  or  sealer  desires  to  retain  the  original, 
shall  be  delivered  to  the  said  purchaser  of  said  hay,  or  his  agent,  or 
representative,  at  the  time  of  the  delivery ;  and  the  other  ticket  shall 
be  retained  by  the  seller  of  the  hay.  When  the  buyer  carries  away 
the  purchase,  a  delivery  ticket,  showing  the  actual  number  of  pounds 
delivered  over  to  the  purchaser,  must  be  given  to  the  purchaser  at 
the  time  the  sale  is  made. 

Where  hay  is  sold  in  bales,  each  of  such  bales  shall  have  printed  or 
stamped  or  marked  thereon  the  correct  weight  of  such  bale  in  pounds 
or  fractions  of  a  pound  avoirdupois;  and  it  shall  be  unlawful  for 
any  person,  firm,  or  corporation,  and  for  any  agent  or  employee 
thereof,  to  sell  or  offer  for  sale  any  such  bale  of  hay  on  which  the 
correct  weight  of  such  bale  of  hay  has  not  been  stamped,  printed  or 
marked :  Provided,  however,  That  an  allowance  of  three  per  cent  in 
weight  for  shrinkage  shall  be  made  on  all  bales  of  hay  less  than  six 
months  old,  and  of  five  per  cent  on  all  bales  of  hay  over  six  months 
old,  if  the  age  of  such  bale  of  hay  be  marked,  printed  or  stamped 
thereon. 

Sec.  5539.  Meats,  sale  by  weight  only;  delivery  ticket. — It  shall  be 
unlawful  to  sell  or  offer  to  sell  in  the  State  any  fresh  meat,  such  as 
beef,  pork,  mutton,  veal,  sausage  or  fish,  in  any  other  manner  than 
by  weight.  No  person,  firm,  or  corporation,  shall  deliver  such  fresh 
meat  without  such  delivery  being  accompanied  by  a  delivery  ticket 
on  which  shall  be  in  ink  or  other  indelible  substance,  distinctly  ex- 
pressed in  pounds  or  fractions  of  a  pound  avoirdupois,  the  correct 
weight  of  such  fresh  meat,  with  the  name  of  the  purchaser  thereof 
and  the  name  of  the  dealer  from  whom  purchased.  When  the  buyer 
carries  away  the  purchase,  a  delivery  ticket  showing  the  actual 
number  of  pounds  or  fractional  parts  thereof  delivered  over  to  the 
purchaser  must  be  given  to  the  purchaser  at  the  time  the  sale  is  made. 

Sec.  5540.  Butter,  how  sold  and  marked;  allowance  for  shrinkage. — 
Where  butter  is  sold  in  packages  or  cartons,  such  package  or  carton 
shall  have  written,  printed  or  stamped  upon  the  wrapper  of  such 
package  or  carton,  or  upon  the  package  or  carton,  the  correct  weight 
of  the  contents  of  such  package  or  carton,  in  pounds  and  ounces, 
or  fractions  of  a  pound  avoirdupois,  and  it  shall  be  unlawful  for 


ARIZONA  73 

any  person,  firm,  or  corporation,  or  for  any  agent  or  employee 
thereof,  to  sell  or  offer  for  sale  any  such  package  or  carton  of  butter 
upon  the  wrapper  of  which  the  correct  weight  of  the  contents  of 
such  package  or  carton  has  not  been  written,  printed  or  stamped: 
Provided,  however,  That  an  allowance  of  not  exceeding  two  and 
one-half  per  cent  in  weight  shall  be  made  for  shrinkage  on  all  pack- 
ages or  cartons  of  butter. 

Sec.  5541.  Coffee,  tea,  and  cereals,  how  marked  when  sold  in  packages. — 
Where  coffee,  tea,  baking  powder,  oatmeal,  tapioca  and  all  cereals 
and  farinaceous  goods  are  sold  in  packages  or  containers,  each  of 
such  packages  or  containers  shall  have  written,  printed  or  stamped 
upon  the  wrapper  of  such  package  or  container,  or  upon  the  package 
or  container,  the  correct  weight  of  the  contents  of  such  package  or 
container,  in  pounds  and  ounces  or  fractions  of  a  pound  avoidupois, 
and  it  shall  be  unlawful  for  any  person,  firm  or  corporation,  or  for 
any  agent  or  employee  thereof,  to  sell  or  offer  for  sale  any  such  pack- 
age or  container  of  coffee,  tea,  baking  powder,  oatmeal,  tapioca  and 
all  cereals  and  farinaceous  goods  of  which  the  correct  weight  of  the 
contents  of  such  package  or  container  has  not  been  written,  printed 
or  stamped. 

Sec.  5542.  Flour,  etc.,  how  marked  as  to  weight;  allowance  for  shrink- 
age.— Where  wheat  flour,  buckwheat  flour,  corn  meal,  rice,  beans, 
sugar,  barley,  bran,  wheat,  oats,  corn,  potatoes,  onions,  seed,  ham, 
or  bacon  are  sold  in  bags,  sacks  or  other  containers,  each  of  such 
bags,  sacks,  or  other  containers,  shall  have  written,  printed,  or 
stamped  upon  the  wrapper  of  such  bag,  sack,  or  other  container, 
or  upon  the  bag,  sack  or  other  container,  the  correct  weight  of  the 
contents  of  such  bag,  sack  or  other  container,  in  pounds  and  ounces, 
or  fractions  of  a  pound  avoirdupois;  and  it  shall  be  unlawful  for 
any  person,  firm  or  corporation,  or  for  any  agent  or  employee 
thereof,  to  sell  or  offer  for  sale  any  such  bag,  sack,  or  other  con- 
tainer, of  wheat  flour,  buckwheat  flour,  corn  meal,  rice,  sugar, 
barley,  bran,  wheat,  oats,  corn,  potatoes,  onions,  seed,  ham  or  bacon 
upon  the  wrapper,  or  upon  the  bag,  sack,  or  other  container,  of 
which  the  correct  weight  of  the  contents  of  such  bag,  sack,  or  other 
container  has  not  been  written, .  printed,  or  stamped :  Provided, 
however,  That  an  allowance  of  not  exceeding  two  and  a  half  per 
cent  shall  be  made  for  shrinkage  on  all  such  bags,  sacks  or  other  con- 
tainers of  wheat  flour,  buckwheat  flour,  corn  meal,  rice,  beans, 
sugar,  barley,  bran,  wheat,  oats,  corn,  potatoes,  onions,  seed,  ham, 
or  bacon. 

Sec.  5543.  Lard,  how  marked  as  to  weight. — Where  lard,  lard  com- 
pounds or  lard  substitutes  are  sold  in  cans  or  other  container  each 
of  such  cans  or  other  container  shall  have  written,  printed,  or 
stamped  upon  the  wrapper  of  such  can  or  other  container,  or  upon 
the  can  or  other  container,  the  correct  weight  of  the  contents  of  such 
can  or  other  container  in  pounds  and  ounces,  or  fractions  of  a  pound 
avoirdupois;  and  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, or  for  any  agent  or  employee  thereof,  to  sell  or  offer  for 
sale,  any  such  can  or  other  container  on  which  the  correct  weight  of 
the  contents  of  the  can  or  other  container  has  not  been  written, 
printed  or  stamped. 

Sec.  5544.  Vinegar  and  oils,  how  marked  as  to  quantity. — Where  vine- 
gar, sweet  oil,  or  olive  oil.  is  sold  in  bottles  or  cans,  each  of  such  bot- 


74  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

ties  or  cans  shall  have  written,  printed,  or  stamped  upon  the  wrapper 
of  such  bottle  or  can,  or  upon  the  bottle  or  can,  the  correct  quantity 
of  the  contents  of  such  bottle  or  can  in  gallons,  quarts,  pints,  or 
gills,  or  fractional  parts  thereof;  and  it  shall  be  unlawful  for  any 
person,  firm,  or  corporation,  or  for  any  agent  or  employee  thereof,  to 
sell  or  offer  for  sale  any  such  bottle  or  can  of  vinegar,  sweet  oil,  or 
olive  oil,  upon  the  wrapper,  bottle,  or  can,  of  which  the  correct  quan- 
tity of  the  contents  of  such  bottle  or  can  has  not  been  written,  printed, 
or  stamped. 

Sec.  5545.  Crackers,  dried  fruits,  how  marked  as  to  weight. — Where 
soda  crackers  or  dried  fruits  are  sold  in  boxes  or  other  containers, 
each  of  such  boxes  or  other  containers  shall  have  written,  printed,  or 
stamped  upon  the  wrapper  of  such  box  or  other  container,  or  upon 
the  box  or  other  container,  the  correct  weight  of  the  contents  of 
such  box  or  other  container  in  pounds  or  ounces,  and  in  fractions  of 
a  pound  avoirdupois,  and  it  shall  be  unlawful  for  any  person,  firm, 
or  corporation,  or  any  agent  or  employee  thereof,  to  sell  or  offer  for 
sale  any  such  box  or  container  or  [of]  soda  crackers  or  dried  fruits, 
upon  the  wrapper,  box,  or  other  container  of  which  the  correct 
weight  of  the  contents  of  such  box  or  other  container  has  not  been 
written,  printed  or  stamped. 

Sec.  5546.  Penalty. — Any  person,  firm,  or  corporation,  that  violates 
any  of  the  provisions  of  the  fourteen  preceding  sections  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished,  upon  convic- 
tion thereof,  by  a  fine,  where  such  is  not  hereinbefore  provided,  of 
not  less  than  five  dollars  nor  more  than  two  hundred  and  fifty  dollars. 

laws,  1925,  ch.  13,  p.  30. 

Sec.  4.  Weight  of  loaves. — Any  loaf  of  bread  made  or  procured  for 
the  purpose  of  sale,  sold,  offered  or  exposed  for  sale,  as  fresh  bread, 
within  the  State  of  Arizona,  shall  be  of  the  following  standard 
weights:  One  pound;  one  and  one-half  pounds;  two  pounds;  three 
pounds,  or  other  multiples  of  one  pound.  Such  weights  shall  be 
determined  by  the  average  of  not  less  than  twenty  loaves  of  one  unit, 
of  one  kind  of  bread,  weighed  with  or  without  wrappers,  not  less 
than  twelve  hours  after  baking.  When  twin  or  multiple  loaves  are 
wrapped  at  the  place  where  baked,  or  sold  to  the  consumer  wrapped 
and  undivided,  the  loaf  must  conform  to  the  said  weight  require- 
ments, and  if  any  such  twin  or  multiple  loaf  is  unwrapped  or  divided 
prior  to  sale,  each  such  unit  must  conform  to  the  said  weight  re- 
quirements. A  twin  or  multiple  loaf  is  hereby  defined  as  a  loaf 
consisting  of  two  or  more  portions  of  dough  baked  in  one  pan. 

Sec.  5.  Tolerances. — A  commercial  tolerance  in  excess  of  the  stand- 
ard weights  established  by  this  act  shall  be  allowed  as  follows :  One 
ounce  on  one  pound  loaves ;  one  and  one-half  ounces  on  one  and  one- 
half  pound  loaves;  two  ounces  on  loaves  weighing  two  pounds  or 
more.  No  tolerance  below  the  standard  weights  hereby  established 
shall  be  allowed. 

Sec.  6.  Enforcement. — The  State  inspector  of  weights  and  measures 
shall  have  full  authority  to  enforce  the  provisions  of  this  act,  and  in 
cities  having  a  city  sealer  of  weights  and  measures,  under  the  pro- 
visions of  Title  56,  Revised  Statutes  of  Arizona,  1913,  Civil  Code, 
said  city  sealer  of  weights  and  measures  shall  have  concurrent  juris- 
diction.    The  said  State  inspector  of  weights  and  measures,  or  any 


ABIZONA  75 

city  sealer  of  weights  and  measures,  may  for  the  purpose  of  the 
enforcement  of  this  act,  and  at  such  time  or  times  as  its  provisions 
may  require,  enter  any  room  or  place  where  bread  is  manufactured 
or  sold,  or  offered  or  exposed  for  sale,  and  weigh  or  direct  the  weigh- 
ins  of  anv  bread  found  therein. 

Sec.  7.  Interference  in  performance  of  duties. — It  shall  be  unlawful 
for  any  person  to  prevent,  or  attempt  to  prevent,  said  State  inspector 
of  weights  and  measures,  or  any  city  sealer  of  weights  and  measures, 
entering  any  such  room  or  place,  or  in  any  way  to  interfere  with  the 
performance  of  the  duties  of  said  State  inspector  of  weights  and 
measures,  or  of  said  city  sealer  of  weights  and  measures,  as  pro- 
vided by  this  act. 

Sec.  8.  Weighing;  of  bread. — Every  maker,  baker  or  manufacturer  of 
bread,  proprietor  of  a  bakery,  or  bake  shop,  and  every  seller  of  bread 
in  the  State  of  Arizona  shall  keep  scales  and  weights,  suitable  for  the 
weighing  of  bread,  in  a  conspicuous  place  in  the  bakery,  bake  shop  or 
store,  and  shall,  wherever  requested  by  the  buyer  and  in  the  buyer's 
presence,  weigh  any  loaf  or  loaves  of  bread  sold  or  offered  for  sale. 

Sec.  9.  Provisions  not  applicable. — The  provisions  of  this  act  shall  not 
apply  to  fancy  breads;  nor  to  bread  baked  by  special  order  of  the 
consumer ;  nor  to  what  is  commonly  known  as  "  stale  bread  "  sold  as 
such,  provided  the  seller  shall  at  the  time  of  sale  expressly  state  to 
the  buyer  that  the  bread  so  sold  is  stale  bread ;  and,  provided  fur- 
ther, that  no  bread  shall  be  offered  or  sold  as  stale  bread  until  twelve 
hours  or  more  after  baking. 

Sec.  10.  Violation. — Any  person,  firm  or  corporation  violating  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor. 

Rev.  Stats.,  1913,  Penal  Code,  p.  84. 

Sec.  388°.  Falsifying:  weight  of  packages;  penalty  for. — Every  person 
who  in  putting  up  in  any  bag,  bale,  box,  or  barrel,  or  other  package, 
any  hops,  cotton,  wool,  grain,  hay,  or  other  goods  usually  sold  in 
bags,  bales,  boxes,  barrels  or  packages  by  weight,  puts  in  or  conceals 
therein  anything  whatever,  for  the  purpose  of  increasing  the  weight 
of  such  bag,  bale,  box,  barrel  or  packages,  with  intent  thereby  to 
sell  the  goods  therein,  or  to  enable  another  to  sell  the  same,  for  an 
increased  weight,  is  punishable  by  fine  of  not  less  than  twenty-five 
dollars  for  each  offense. 

Rev.  Stats.,  1913,  Title  41,  ch.  3,  p.  1442. 

Sec.  4434  (1913).  Food  deemed  misbranded  or  mislabeled,  when. — 
Food  or  liquor  shall  be  deemed  mislabeled  or  misbranded  within  the 
meaning  of  this  chapter  in  any  of  the  following  cases :     *     *     * 

(3)  If  when  in  package,  and  the  contents  are  stated  in  terms  of 
weight  and  measure,  such  weight  and  measure  are  not  plainly  and 
correctly  stated  on  the  outside  of  the  package. 

laws,  1918,  ch.  8,  p.  16. 

Sec.  14,  as  amended  by  laws,  1925,  ch.  74,  p.  210;  testing,  weighing, 
and  sampling  milk  or  cream. — The  testing,  weighing,  and  sampling  of 
milk  or  cream  or  other  dairy  products  purchased  on  the  basis  ot  the 
amount  of  butter  fat  contained  therein  shall  be  done  by  licensed 
and  bonded  testers,  who  shall  be  responsible  for  the  operation  of 
the   Babcock  test   in  the  testing   of  such   dairy  products.     Such 


76  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

license  shall  be  issued  by  the  dairy  commissioner  upon  applica- 
tion, accompanied  by  a  certificate  of  proficiency  and  the  pay- 
ment of  a  license  fee  of  $1.50.  The  certificate  of  proficiency 
provided  for  shall  be  granted  by  the  dairy  division  of  the  Univer- 
sity of  Arizona  upon  satisfactory  evidence  of  ability  to  accurately 
operate  the  Babcock  test.  Examinations  will  be  given  at  stated 
times  and  places  to  applicants  for  such  license.  Each  license  shall 
expire  on  January  first  of  the  year  following  the  date  of  issue, 
but  may  be  renewed  without  examination  by  the  commissioner. 
Application  for  such  license  shall  be  made  upon  a  blank  furnished 
by  the  dairy  commissioner.  No  license  or  renewal  thereof  shall 
be  transferable,  and  each  such  license  shall  be  subject  to  revocation 
by  the  dairy  commissioner  upon  reasonable  notice  that  the  licensee 
has  violated  any  of  the  rules  and  regulations  prescribed  by  the 
commissioner,  or  has  violated  any  of  the  laws  of  the  State  relat- 
ing to  milk  or  cream  or  other  dairy  products.  A  bond  in  the 
amount  of  one  thousand  dollars  shall  be  given  by  each  tester  licensed 
under  the  provisions  of  this  section,  and  shall  be  in  such  form  as  may 
be  prescribed  and  shall  be  subject  to  approval  by  the  commissioner. 

A  permanent  record  in  duplicate  of  all  tests  of  milk  or  cream 
purchased  or  received  on  the  basis  of  the  amount  of  milk  fat  con- 
tained therein,  must  be  kept  by  each  tester,  licensed  as  provided 
herein,  on  standard  forms  supplied  by,  or  in  accordance  with 
the  specifications  for  such  records  adopted  hj,  the  said  dairy  com- 
missioner. Each  test  shall  be  legibly  recorded  with  indelible  pencil 
or  ink  and  shall  be  accompanied  by  the  patron's  name  or  number 
in  such  manner  as  to  correctly  identify  the  test  obtained  upon  the 
milk  or  cream  of  each  patron.  Each  sheet  or  page  shall  be  authen- 
ticated by  the  signature  of  the  tester,  and  a  duplicate  record  shall 
be  deposited  by  said  licensed  tester,  immediately  after  completing 
the  test  on  the  day's  samples,  in  a  box  provided  by  the  purchaser 
or  receiver  of  milk  or  cream;  said  box  to  be  constructed,  sealed 
and  maintained  in  accordance  with  the  rules  and  regulations  adopted 
by  the  dairy  commissioner.  The  original  test  record  sheets  shall 
be  delivered  to  the  management  of  the  concern  for  whom  the  tests 
are  made  immediately  upon  completion  of  the  tests.  The  duplicate 
test  record  sheets  shall  be  deposited  immediately  in  an  official  box 
supplied  for  the  purpose,  made  in  accordance  with  blue  print  speci- 
fications obtained  from  the  dairy  commissioner.  Such  official  test 
record  box  shall  be  kept  in  the  test  room  at  all  times,  and  the  contents 
thereof  shall  be  open  only  to  the  State  dairy  commissioner.  The 
said  licensed  tester  shall  retain  an  unmodified  sample  of  all  milk 
and  cream  tested  by  him  for  a  period  of  not  less  than  forty-eight 
hours  after  the  tests  of  said  milk  and  cream  have  been  made,  and 
the  said  purchaser  or  receiver  of  milk  or  cream  shall  provide  a 
suitable  place,  acceptable  to  the  diary  commissioner,  where  such 
samples  so  retained  may  be  kept. 

Sec.  16.  Fraudulent  manipulation  of  apparatus. — It  shall  be  unlawful 
for  any  hauler  of  milk  or  cream  or  any  other  dairy  product,  or  any 
person,  firm  or  corporation  receiving  or  purchasing  milk  or  cream 
or  other  dairy  product  by  weight  or  test  or  both,  or  by  measure  or 
test,  or  by  both,  or  any  agent  of  such  purchaser,  to  fraudulently 
manipulate  the  weight,  measure  or  test  of  such  product,  or  to  take 


ARIZONA  77 

unfair  samples  thereof,  or  to  fraudulently  manipulate  such  sam- 
ples. The  hauler  or  other  agent  of  the  purchaser  shall  thoroughly 
mix  the  milk  or  cream  of  each  patron  by  pouring  or  stirring  until 
such  milk  or  cream  is  uniform  and  homogenous  in  quality  and  con- 
tents before  a  sample  for  test  is  taken.  The  same  rule  shall  apply 
when  sampling  is  done  at  a  creamery,  cheese  factory,  condensary  or 
shipping  station.  It  shall  be  unlawful  for  any  person  or  persons 
to  use  any  test  tube,  bottle,  pipette  or  instrument  in  connection  with 
testing  which  is  not  perfectly  clean;  and  for  the  purpose  of  this 
act  any  unclean  test  bottle  or  other  instrument  is  declared  inac- 
curate. All  tests  made  by  the  purchaser  shall  be  maintained  at  a 
temperature  of  at  least  one  hundred  and  twenty  degrees  Fahrenheit 
for  ten  minutes  before  the  reading  of  the  per  cent  of  butter  fat  is 
made. 

Sec.  17.  Specifications  for  Babcock  glassware. — The  term  "standard 
Babcock  testing  glassware"  shall  apply  to  glassware  and  weights 
complying  to  the  following  specifications : 

(a)  Standard  Milk  Test  Bottles. — Graduation  for  milk  test 
bottles. — The  total  per  cent  graduation  shall  be  eight.  The  gradu- 
ated portion  of  the  neck  shall  have  a  length  of  not  less  than  63.5 
millimeters,  the  graduation  shall  represent  whole  per  cent,  five- 
tenths  per  cent,  and  tenths  per  cent;  the  whole  per  cent  graduation 
shall  extend  at  least  one-half  way  around  the  neck  to  the  right  and 
projecting  two  millimeters  to  the  left  of  the  tenths  per  cent  gradu- 
ations. Each  per  cent  graduation  shall  be  numbered;  the  number 
being  placed  on  the  left  of  the  scale.  The  error  at  any  point  of  the 
scale  shall  not  exceed  one-tenth  per  cent. 

Neck. — The  neck  shall  be  cylindrical  and  the  cylindrical  shape 
shall  extend  for  at  least  nine  millimeters  below  the  lowest  and  nine 
millimeters  above  the  highest  graduation  mark.  The  top  of  the 
neck  shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb. — The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  forty-five  cubic  centimeters.  The  charge  of 
the  bottle  shall  be  eighteen  grams.  The  total  height  of  the  bottle 
shall  be  between  one  hundred  and  fifty  and  one  hundred  and  sixty- 
five  millimeters. 

(b)  Standard  Cream  Test  Bottles. — Three  types  of  bottles  shall 
be  accepted  as  standard  cream  test  bottles ;  a  fifty  per  cent  nine-gram 
short-neck  bottle,  a  fifty  per  cent  nine-gram  long-neck  bottle,  a  fifty 
per  cent  eighteen-gram  long-neck  bottle. 

Fifty  per  cent  nine-gram  short-neck  bottle  graduation. — The  total 
per  cent  of  graduation  shall  be  fifty.  The  graduated  portion  of  the 
neck  shall  have  a  length  of  not  less  than  63.5  millimeters.  The 
graduation  shall  represent  five  per  cent,  one  per  cent,  and  five-tenths 
per  cent.  The  five  per  cent  graduation  shall  extend  at  least  halfway 
around  the  neck  to  the  right.  The  five-tenths  per  cent  graduations 
shall  be  at  least  three  millimeters  in  length,  and  the  one  per  cent 
graduations  shall  have  a  length  intermediate  between  the  five  per 
cent  and  the  five-tenths  per  cent  graduations.  Each  five  per  cent 
graduation  shall  be  numbered,  the  number  being  placed  on  the  scale. 
The  error  at  any  point  of  the  scale  shall  not  exceed  five-tenths  per 
cent. 


78  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Neck. — The  neck  shall  be  cylindrical,  and  the  cylindrical  shape 
shall  extend  at  least  nine  millimeters  below  the  lowest  and  nine 
millimeters  above  the  highest  graduation  mark.  The  top  of  the 
neck  shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb. — The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  forty-five  cubic  centimeters.  The  charge  of 
the  bottle  shall  be  nine  grams.  All  bottles  shall  bear  on  the  top 
of  the  neck  above  the  graduations  in  plainly  legible  characters,  a 
mark  defining  the  weight  of  the  charge  to  be  used,  nine  grams. 
The  total  height  of  the  bottle  shall  be  between  one  hundred  and 
fifty  and  one  hundred  and  sixty-five  millimeters,  same  as  standard 
milk  test  bottles. 

Fifty  per  cent  nine-gram  long-neck  bottles. — The  same  specifica- 
tions in  every  detail  as  specified  for  the  fifty  per  cent  nine-gram 
short-neck  bottle  shall  apply  for  the  long-neck  bottle,  with  the  ex- 
ception, however,  that  the  total  height  of  this  bottle  shall  be  between 
two  hundred  and  ten  and  two  hundred  and  thirty-four  millimeters, 
and  that  the  total  length  of  the  graduation  shall  be  not  less  than 
one  hundred  and  twenty  millimeters. 

Fifty  per  cent  eighteen- gram  long-neck  bottles. — The  same  speci- 
fications in  every  detail  as  specified  for  the  fifty  per  cent  nine-gram 
long-neck  bottle  shall  apply,  with  the  exception  that  the  charge  of 
the  bottle  shall  be  eighteen  grams,  and  the  mark  defining  the 
weight  of  the  charge  placed  at  the  top  of  the  neck  shall  be  eighteen. 
The  total  length  of  the  standard  Babcock  pipette  shall  be  not  more 
than  three  hundred  and  thirty  millimeters.  Outside  diameter  of 
suction  tube,  six  to  eight  millimeters.  Length  of  suction  tube,  one 
hundred  and  thirty  millimeters.  Outside  diameter  of  delivery  tube, 
4.5  to  5.5  millimeters.  The  length  of  delivery  tube,  one  hundred  to 
one  hundred  and  twenty  millimeters.  Distance  of  graduation  mark 
above  bulb,  thirty  to  sixty  millimeters.  Nozzle  straight.  Delivery, 
17.6  cubic  centimeters  of  water  at  twenty  degrees  centigrade  in  five 
to  eight  seconds.  The  sensibility  of  all  scales  used  for  weighing- 
cream  samples  into  the  test  bottles  shall  not  be  more  than  thirty 
milligrams,  and  the  standard  weights  shall  be  nine  grams  and 
eighteen  grams. 


ARKANSAS 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  184,  p.  2694. 

Sec.  10475  (1859).  Standards;  custody;  county  officers;  sets  to  be  fur- 
nished.— The  set  of  weights  and  measures  prepared  by  the  United 
States  under  the  act  of  Congress,  approved  the  fourteenth  day  of 
June,  A.  D.  1836,  and  delivered  to  the  Governor  of  the  State  of 
Arkansas,  and  now  deposited  in  the  office  of  secretary  of  state, 
shall  be  and  the  same  is  hereby  declared  to  be  the  standard  of  all 
weights  and  measures  used  in  this  State,  and  the  clerk  of  the  county 
court  of  each  county  in  this  State  shall  procure,  as  soon  as  prac- 
ticable, at  the  expense  of  the  county,  a  complete  set  of  weights  and 
measures,  which  shall  conform  to  said  standard,  and  shall  be  sealed 
by  the  secretary  of  state. 

Sec.  10476.  State  sealing. — The  secretary  of  state  shall  procure  a 
seal  or  stamp,  with  the  letters  "  S.  A."  upon  it,  with  which  he  shall 
seal  all  weights  and  measures  which  he  shall  compare  with  the  said 
standard  in  his  office  and  find  to  be  correct;  and  such  weights  and 
measures,  after  being  so  sealed,  shall  be  a  lawful  standard  for  the 
county  by  which  they  were  procured ;  and  the  secretary  of  state  shall 
charge  the  sum  of  four  dollars  for  testing  and  sealing  such  weights 
and  measures. 

Sec.  10477.  County  sealing. — The  several  clerks  of  the  county  courts 
shall  seal  all  weights  and  measures  that  may  be  presented  to  them 
for  that  purpose  which  correspond  with  the  county  standard. 

Sec.  10478  (1885).  Standard  barrel. — Whenever,  in  any  contract  for 
the  repair  or  construction  of  any  cistern  in  this  State,  the  capacity 
of  which  is  represented  in  barrels,  there  is  no  other  specification  of 
the  holding  capacity  of  said  barrels,  the  term  "  barrel "  shall  be 
taken  and  held,  in  law,  as  meaning  and  intending  a  holding  capacity 
which  is  the  exact  equivalent  of  the  cubical  contents  of  thirty-six 
times  that  of  the  standard  gallon  measure  of  the  United  States,  now 
in  use,  and  kept,  as  required  by  law,  in  the  office  of  the  secretary  of 
state  of  Arkansas. 

Sec.  10479  (1903).  Bushel  measure  for  apples. — A  box  nine  inches 
deep,  twelve  inches  wide  and  twenty  inches  long  shall  constitute  a 
lawful  bushel  measure  for  apples.  Any  person  violating  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than 
twenty-five  dollars  for  each  offense. 

Sec.  10480  (1887).  Legal  weight  of  bushel  of  certain  commodities. 


Pounds 
The  legal  weight  per  bushel  of 1 — 

Corn,    shelled— 56 

Corn,  in  ear,  husked 70 

Corn,  in  ear,  unhusked 74 

Wheat 60 

Oats 32 


Pounds 
The  legal  weight  per  bushel  of — ■ 
Continued. 

Cottonseed 33% 

Corn  meal 48 

Barley 48 

Rye 56 


'For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these 
tides. 

517—26 6  79, 


80 


LAWS   CONCERNING  WEIGHTS  AND   MEASURES 


Pounds 
The  legal   weight  per  bushel  of — 
Continued. 

Potatoes 60 

Potatoes,  sweet 50 

Onions 57 

White  beans 60 

Peas 60 

Flax  seed 56 

Blue-grass  seed 14 

Clover  seed 60 

Timothy   seed 60 

Millet    seed 50 

Buckwheat 52 


Pounds 
The  legal  weight  per  bushel  of— 
Continued. 
Red    top 14 

Orchard    grass 14 

Sorghum , 50 

Green    apples 50 

Dried  apples 24 

Dried    peaches 33 

Bran , 20 

Salt 50 

Turnips 57 

Broomcorn    seed 48 

Johnson    grass 28 

Sec.  10481  (1901).  Log  measurement;  penalty. — The  Doyle  stick  or 
standard  of  log  measurement  is  hereby  declared  to  be  the  standard 
by  which  all  saw  logs  bought,  sold,  cut  or  hauled  in  this  State 
shall  be  scaled  or  estimated,  and  any  person  or  persons  buying,  selling, 
cutting  or  hauling  saw  logs  within  the  limits  of  this  State,  who  shall 
use  or  attempt  to  use  any  combination  stick,  or  any  other  stick  or 
standard  than  that  mentioned  in  this  section  for  the  purpose  of 
scaling,  or  estimating  the  number  of  feet  in  such  logs  sold,  bought, 
cut  or  hauled,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars  for  each  offense,  to  be  assessed  by 
the  jury  trying  the  case,  and  to  be  collected  and  appropriated  as 
other  public  fines,  provided  that  in  scaling  logs  under  this  act,  the 
average  diameter  inside  the  bark  shall  be  taken. 

Sec.  10482  (1913).  County  clerks  required  to  test  and  seal  weights  and 
measures. — The  county  clerks  of  all  and  every  county  in  the  State 
are  hereby  directed  and  required  to  comply  with  the  law  as  directed 
in  sections  10475  to  10477,  and  be  prepared  at  all  times  to  test  and 
seal  all  scales  and  measures  presented  for  test  and  found  correct. 

Sec.  10483.  Neglect  or  failure  a  misdemeanor;  fees. — Neglect  or 
failure  from  any  cause  to  comply  with  section  10482  shall  constitute 
a  misdemeanor  and  subject  the  clerk  so  offending  same  to  a  fine  of 
one  dollar  for  each  day  he  fails  to  be  prepared  with  his  tests  and 
seal.  The  clerk  shall  receive  the  sum  of  ten  cents  for  each  pair  of 
scales  or  measures  presented  to  him  for  test,  to  be  paid  by  the  person, 
firm  or  corporation  presenting  same  and  five  cents  per  mile  one  way 
for  traveling  to  wagon  scales  and  twenty-five  cents  for  sealing  them, 
to  be  paid  by  the  owners. 

Sec.  10484.  Dealers  to  have  scales  tested,  when. — Every  person,  firm 
or  corporation  who  buy  and  sell  any  kind  of  goods,  produce,  cotton, 
cottonseed,  hay,  feedstuffs  and  all  kinds  of  merchandise,  usually 
bought  and  sold,  shall  have  their  scales  and  measures  tested  and 
sealed  on  or  before  the  first  day  of  September  and  each  year  there- 
after. Failure  to  comply  with  the  provisions  of  this  section  shall 
constitute  a  misdemeanor  and  shall  subject  the  individual,  firm  or 
corporation  to  a  fine  of  one  dollar  for  each  day  so  offending. 

Sec.  10485.  Township  constables  and  city  marshals  to  inspect  weights 
and  measures. — It  shall  be  the  duty  of  the  constable  of  every  township 
and  of  the  marshal  of  every  city  or  town  where  complaint  be  made  to 
him  by  three  or  more  citizens  to  inspect  any  scales,  weights  and 
measures  used  for  weighing  or  measuring  any  kind  of  goods  or  pro- 


ARKANSAS  81 

duce  or  commercial  substances,  and  such  offices  shall  make  an  annual 
inspection  of  all  such  weights,  measures  and  scales,  and  if  at  any 
time  he  finds  any  such  scales,  weights  and  measures  do  not  conform 
to  the  lawful  standard,  he  shall  cause  the  person,  firm  or  corporation 
using  same  to  be  prosecuted  therefor  and  one-half  of  any  fine  assessed 
therefor  shall  be  paid  to  said  officer. 

Sec.  10486.  Packages  or  bundles,  etc.,  of  merchandise  to  contain 
marked  weight. — Every  package,  bag  or  bundle  of  goods  or  merchan- 
dise shall  contain  in  weight  what  it  is  branded,  marked  or  said  to 
contain.  And  any  person,  firm  or  corporation  violating  the  pro- 
visions of  section  10487  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  one  dollar  nor 
more  than  twenty-five  dollars  for  each  package,  bag  or  bundle  sold  in 
violation  of  this  law. 

Sec.  10487  (1905).  True  net  weight  to  be  stamped  on  barrels,  sacks, 
and  other  packages. — It  shall  be  unlawful  for  any  corporation,  firm, 
manufacturer,  merchant  or  other  dealer,  their  agent  or  employees, 
to  sell,  or  offer  for  sale,  any  grain,  chops,  bran,  fertilizer,  meal,  or 
flour  in  sacks,  barrels  or  other  packages,  unless  the  true  weight  of 
such  grain,  chops,  bran,  fertilizer,  meal,  or  flour  be  stamped  or 
marked  upon  the  sacks,  barrels,  or  other  packages. 

Sec.  10488.  Violation;  penalty. — Any  corporation,  shipper,  manu- 
facturer, merchant  or  other  dealer,  their  agents  or  emplo};,ees,  who 
shall  violate  the  provisions  of  section  10487,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  before  any  justice  of  the 
peace  or  circuit  court,  shall  be  fined  in  any  sum  not  less  than  twenty 
dollars,  and  every  such  sack,  barrel,  or  other  package  of  such  grain, 
chops,  bran,  fertilizer,  meal  or  flour  offered  for  sale  in  violation  of 
this  act  shall  constitute  a  separate  offense.  . 

Sec.  10489  (1911).  False  weight  or  measure,  penalty  for  giving. — 
Whoever  knowingly  buys  or  sells  or  permits  any  person  in  his  em- 
ploy to  buy  or  sell  any  property  and  make  or  give  any  false  or  short 
weight  or  measure  and  any  person  owning  or  having  charge  of  any 
scales  fixed  for  the  purpose  of  misweighing  any  article  bought  or 
sold  and  any  person  having  any  such  scales  for  the  purpose  of  weigh- 
ing any  property  and  who  knowingly  reports  any  false  or  untrue 
weight  and  any  firm  or  corporation  using  (in  the  sale  of  any  com- 
modity), a  computing  scale  or  device  indicating  the  weight  and  price 
of  such  commodity  upon  which  scales  or  device  the  graduation  or 
indication  are  [is]  false  or  inaccurately  placed,  either  as  to  weight 
or  price,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  in  any  sum  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  dollars  and  each  sale  made  on  any  such  scale  or 
device  shall  constitute  a  separate  offense. 

Sec.  10490.  Fruit  or  other  merchantable  commodity,  penalty  for 
fraudulently  packing. — Any  person  who  shall  pack  any  fruit,  or  other 
merchantable  commodity,  with  the  fraudulent  intent  of  thereby 
cheating  others  by  a  misrepresentation  of  the  contents,  either  as  to 
quality  or  quantity,  shall,  on  conviction  thereof,  be  punished  by  a 
fine,  not  exceeding  five  hundred  dollars,  or  by  imprisonment  at  hard 
labor,  not  exceeding  one  year,  or  both. 

Sec.  10491.  Selling  fraudulently  packed  commodities. — Any  person 
who  shall  sell,  pledge  or  hypothecate  any  such  commodity,  knowing 


82  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

the  same  to  be  packed  in  the  fraudulent  manner  aforesaid,  with  the 
intent  to  cheat  and  deceive  shall  on  conviction  thereof  be  punished  as 
provided  in  section  10489. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  69,  p.  1306. 

Sec.  4823  (1907).  Food,  misbranding  of;  net  weight  to  be  correctly 
stated,  when. — That  for  the  purpose  of  this  act  an  article  shall  also 
be  deemed  to  be  misbranded.     *     *     *    In  the  case  of  food    *     *     * 

Third.  If  any  in  package  form,  and  the  contents  are  stated  in 
terms  of  weight  or  measure,  they  are  not  plainly  and  correctly  stated 
on  the  outside  of  package     *     *     *. 

Acts,  1925,  Act  218,  p.  639. 

Sec.  3.  Board  may  fix  and  promulgate  grades  and  containers. — In 
order  to  promote,  protect,  further  and  develop  the  agricultural  inter- 
ests of  this  State,  the  State  plant  board  is  hereby  authorized  and 
empowered  after  investigation  and  public  hearing  to  fix  and  pro- 
mulgate official  standards  for  grading  and  classifying  any  or  all 
agricultural  products  grown  or  produced  in  this  State  and  to  fix  and 
promulgate  official  standards  for  containers  of  farm  products  and  to 
change  any  of  them  from  time  to  time.  The  board  in  its  rules,  regu- 
lations or  notices  promulgated  pursuant  to  this  act  shall  prescribe 
such  tolerances  as  may  be  deemed  necessary,  permitting  such  varia- 
tions from  the  standards  fixed  under  the  provisions  of  this  act  as 
are  reasonably  incident  to  the  proper  grading  of  agricultural  prod 
ucts  or  to  the  manufacture  of  containers  for  such  products. 

Sec.  4.  Public  notices. — In  promulgating  the  standards  or  any  altera- 
tions or  modifications  of  such  standards  the  board  shall  specify  the 
date  or  dates  when  the  same  shall  become  effective  and  shall  give 
public  notice  not  less  than  thirty  days  in  advance  of  the  date  when 
the  standard  for  any  agricultural  product  shall  become  effective  and 
one  year  in  advance  of  the  date  when  a  standard  for  any  container 
shall  become  effective  by  such  means  as  the  board  deems  proper,  and 
the  chief  inspector  is  hereby  authorized  and  empowered  to  employ 
reasonable  methods  for  diffusing  information  concerning  the  stand- 
ard that  may  be  fixed  by  the  board  for  any  agricultural  product  or 
container. 

Sec.  5.  May  cooperate  with  U.  S.  Department  of  Agriculture. — The 
board  is  authorized  to  fix  and  promulgate  as  the  official  standard  for 
this  State  for  any  agricultural  product  or  container  the  standard  for 
such  product  or  container  which  may  have  been  promulgated  or 
announced  therefor  under  the  authority  of  the  Congress  of  the 
United  States  and  in  carrying  out  the  provisions  of  this  act  the  chief 
inspector  is  authorized  to  cooperate  with  the  United  States  or  any 
department  thereof  in  accomplishing  the  matters  and  things  provided 
for  herein. 

Sec.  14.  Standard  containers  must  conform  to  board's  specifications. — 
Whenever  any  standard  for  a  container  for  an  agricultural  product 
becomes  effective  under  this  act,  no  person  shall  thereafter  manu- 
facture for  commerce  within  the  jurisdiction  of  this  State  or  sell, 
ship  or  offer  for  sale  in  such  commerce  any  container,  either  filled  or 
unfilled,  to  which  the  standard  is  applicable  which  does  not  comply 
with  such  standard  subject  to  such  tolerance  as  may  be  permitted 
under  this  act. 


ARKANSAS  83 

Sec.  18.  Authority  of  inspectors. — For  the  purpose  of  carrying  out 
the  provisions  and  requirements  of  this  act  and  of  the  rules,  regula- 
tions and  notices  made  and  promulgated  pursuant  thereto,  the  board 
and  its  inspectors  shall  have  power  to  enter  into  or  upon  any  places 
and  to  open  any  bundle,  package  or  container  of  agricultural 
products. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  22,  p.  417. 

Sec.  927  (1907).  Track  scales;  certificate  of  weighman. — All  railroads 
operating  in  this  State  are  hereby  required  to  keep  and  maintain 
track  or  railroad  scales  at  all  stations  or  depots  where  as  many  as 
one  hundred  cars  of  coal,  corn  or  cotton  seed  are  received  annually 
by  such  railroad;  and  said  railroads  are  hereby  required  at  the 
request  of  the  consignee  of  a  carload  of  coal  to  properly  weigh  each 
and  every  such  car  after  the  same  shall  reach  its  destination  and  fur- 
nish to  each  such  consignee,  upon  request,  by  a  written  certificate  of 
weighman,  within  one  day  after  such  car  shall  have  reached  its 
destination,  correct  weight  of  each  carload  of  coal  received  for  such 
consignee.  And  no  consignee  shall  be  required  to  pay  any  freight  or 
either  railroad  charge  until  furnished  as  aforesaid  with  said  weights, 
nor  pay  any  greater  amount  of  freight  than  is  shown  by  such  cer- 
tificate. 

Sec.  928.  Penalty. — Any  railroad  in  this  State  failing  or  refusing 
to  comply  with  any  of  the  preceding  sections  shall  be  subject  to  a 
penalty  of  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars,  to  be  paid  to  the  county  in  which  such  point  of  destination 
lies,  for  every  failure  or  refusal  to  comply  with  the  provisions  of  this 
act;  and  each  day  upon  which  it  may  refuse  or  fail  to  comply  with 
this  act  shall  constitute  a  separate  offense. 

Sec.  929  (1903).  Railroad  cars  to  be  weighed,  when;  certificate  of 
weight. — At  all  such  stations  it  shall  be  the  duty  of  the  railroad 
company  to  properly  weigh  each  and  every  car  after  the  same  shall 
have  been  loaded  and  furnish  to  each  shipper  by  written  certificate 
of  weighman  within  one  day  after  the  same  shall  have  been  received 
by  said  company,  correct  weights  of  each  car  and  of  the  contents 
of  each  car  delivered  to  them  by  the  shipper.  The  certificate  of 
weight  to  be  given  to  shippers  as  provided  in  this  section  shall 
contain,  in  addition  to  the  correct  weight  of  the  car  and  its  con- 
tents, the  date  of  delivery  and  the  number  of  the  car. 

Sec.  930.  Penalty. — Any  railroad  in  this  State  failing  or  refusing 
to  comply  with  any  of  the  provisions  of  the  preceding  section  shall  be 
subject  to  a  penalty  of  one  hundred  dollars,  to  be  paid  to  the  county, 
for  every  failure  or  refusal,  and  each  day  upon  which  it  may  refuse 
or  fail  to  comply  with  this  act  shall  constitute  a  separate  offense. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  120,  p.  1888. 

Sec.  7246  (1895).  Measures  and  toll  dishes. — There  shall  always  be 
kept  in  a  public  mill,  by  the  owner  or  occupier  thereof,  an  accurate 
half-bushel  measure  and  an  accurate  set  of  toll  dishes. 

Digest  of  the  Statutes,  Crawford  and  Moses.  1921,  ch.  61,  p.  1234. 

Sec.  4534  (1911).  Weight  to  be  marked  on  concentrated  commercial 
feeding  stuffs;  weight  of  packages. — Every  lot  or  parcel  of  concen- 
trated commercial  feeding  stuff  sold,  offered  or  exposed  for  sale  in 


84  LAWS   CONCERNING  WEIGHTS   AND   MEASUEES 

this  State  shall  have  affixed  thereto,  or  printed  thereon  in  a  con- 
spicuous place  on  the  outside  thereof  a  legible  and  plainly  printed 
statement,  in  the  English  language,  clearly  and  truly  certifying  the 
weight  of  the  package  {provided,  that  all  concentrated  commercial 
feeding  stuffs  shall  be  in  standard  weight  bags  or  packages  of  5,  10, 
25,  50,  75,  100,  125,  150,  175,  200  pounds) ;  the  name,  brand  or 
trade  mark  under  Avhich  the  article  is  sold;  the  name  and  address 
of  the  manufacturer,  jobber  or  importer;     *     *     * 

Sec.  4535.  Definition. — The  term  "  concentrated  commercial  feeding 
stuffs"  shall  be  held  to  include  all  feeds  used  for  live  stock  and 
poultry,  except  whole  hays,  straws  and  corn  stover  when  the  same 
are  not  mixed  with  other  materials;  nor  shall  it  apply  to  the  un- 
mixed whole  seeds  or  grains  of  cereals  when  not  mixed  with  other 
materials. 

Digest  of  the  Statutes,  1921,  Crawford  and  Moses,  en.  66,  p.  1285. 

Sec.  4723,  as  amended  by  Acts,  1921,  Act.  199,  p.  154.  Weight,  name, 
etc.,  to  be  marked  on  cottonseed  meal,  fertilizers,  etc. — All  persons,  com- 
panies, manufacturers,  dealers  or  agents,  before  selling  or  offering  for 
sale  in  this  State,  any  cottonseed  meal,  commercial  fertilizer  or  fer- 
tilizer materials,  shall  attach  a  tag  to  each  bag,  barrel  or  package 
bearing  the  name  and  address  of  the  manufacturer,  and  the  guaran- 
teed analysis  of  the  cottonseed  meal  or  fertilizer.  These  items  shall 
be  printed  on  each  tag  in  the  following  order :  First,  weight  of  pack- 
age in  pounds;  second,  brand,  name  or  trade-mark;     *    *    * 

Sec.  4740  (1813).  Penalty. — Any  person  selling  or  offering  for  sale 
any  cottonseed  meal,  fertilizer  or  fertilizer  materials  without  first 
having  complied  with  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  182,  p.  2671. 

Sec.  10446  (1919).  Baling  of  cotton.— All  cotton  ginned  and  baled 
by  a  public  gin  shall  be  baled  in  a  press  box  not  exceeding  twenty- 
seven  by  fifty-four  inches,  inside  measurement,  and  shall  be  wrapped 
with  sound  standard  bagging,  not  to  exceed  seven  yards  per 
bale.     *     *     * 

Sec.  10450.  Standard  of  weights  and  measures. — The  standards  of 
weights  and  measures  of  this  State  shall  be  the  standard  of  weights 
and  measures  used  under  the  terms  and  provisions  of  this  act  [relat- 
ing to  public  cotton  gins]     *     *     *. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  43,  p.  756. 

Sec.  2442  (1891).  Scalage. — It  shall  be  unlawful  for  any  person  who 
weighs  cotton  in  the  State  of  Arkansas  to  take  off  anything  for 
scalage. 

Sec.  2443.  Penalty. — Any  person  violating  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  twenty-five 
dollars. 

Sec.  2444  (1895).  Fee  for  weighing.— It  shall  be  unlawful  for  any 
person,  corporation  or  warehouseman  doing  business  in  this  State 
to  charge  more  than  ten  cents  per  bale  for  weighing,  sampling  and 


AEKANSAS  85 

marking  cotton.  Any  persons,  corporation  or  warehouseman  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  in  any  sum  not  less  than 
ten  nor  more  than  twenty-five  dollars. 

Sec.  2445  (1899).  Fees  for  weighing  cotton.-^It  shall  be  unlawful  for 
any  person  or  persons,  weighing  cotton  for  or  by  the  authority  of 
any  city  of  the  first  or  second  class  or  incorporated  towns,  to  charge 
more  than  five  cents  per  bale  during  the  months  of  October,  Novem- 
ber, December,  and  January,  and  ten  cents  for  and  during  the  re- 
maining months  of  each  year  for  weighing  and  marking  cotton 
Any  person  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  anj 
sum  not  less  than  ten  nor  more  than  twenty-five  dollars. 

Sec.  2446  (1901).  Public  cotton  weighers  required  to  keep  record. — 
All  persons  weighing  cotton  for  the,  public,  in  this  State,  and  re- 
ceiving compensation  therefor,  shall  be  required  to  keep  a  book,  or 
record  of  all  cotton  weighed  by  them,  giving  the  weight  and  marks 
of  each  bale,  and  for  whom  weighed,  and  to  whom  sold,  where  the 
purchaser  is  known  to  the  weigher,  which  book  or  record  shall  be 
kept  subject  to  inspection  by  the  public.  Any  such  weigher  who  shall 
refuse  to  keep  such  books,  or  records,  or  who  shall,  on  demand  of 
any  person,  fail  or  refuse  to  exhibit  the  same,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars. 

Acts,  1907;  Act.  196,  p.  468. 

Sec.  1.  Public  ginners. — That  each  and  every  person,  individual,  firm 
or  corporation,  who  maintain  and  operate  a  ginnery  for  the  purpose 
of  ginning,  packing,  and  baling  cotton  are  hereby  declared  to  be  a 
public  ginner,  and  a  public  and  lawful  weigher  of  cotton  in  his 
county.     *     *     * 

Sec.  2.  Public  ginners  required  to  keep  accurate  scales  and  records; 
weight  to  be  stamped  on  bale;  fees;  certificate. — It  is  hereby  made  the 
duty  of  each  public  ginner  to  keep  an  accurate  pair  of  scales  and 
correctly  weigh  each  bale  of  cotton  ginned  and  baled  by  him,  or 
caused  to  be  ginned  and  baled  by  him,  as  soon  as  taken  from  the 
press.  And  he  shall  keep  in  a  book,  to  be  provided  by  him,  a  record 
of  the  number  of  the  bales  ginned  and  packed  by  him,  the  date  each 
bale  was  ginned  and  packed  and  the  name  of  the  owner  thereof. 

And  he  shall  plainly  and  securely  place  upon,  or  attach  to,  each 
bale  of  cotton  so  ginned  and  baled  by  him,  by  stamp,  tag  or  other- 
wise, the  number  and  weight  thereof. 

He  shall  be  allowed  to  charge  five  cents  for  weighing  each  bale  of 
cotton  so  ginned  by  him.  And  he  shall  give  to  each  owner  or  person 
for  whom  he  may  gin  and  bale  cotton  a  certificate  showing  the 
number  and  weight  of  each  bale  of  cotton  and  the  date  of  ginning. 

Sec.  3.  County  clerk  required  to  test  scales. — It  shall  be  the  duty  of 
the  county  clerk  to  cause  to  be  tested  by  the  standard  or  test  fur- 
nished to  each  county  clerk,  the  scales  of  each  public  ginner  in  his 
county  once  a  year  or  as  much  oftener  as  may  be  necessary. 

Sec.  4.  Inaccurate  or  false  weighing;  misdemeanor. — That  if  any 
ginner,  his  agent  or  employee,  knowingly  weigh  any  bale  of  cotton 
inaccurately,  or  falsely  weigh  same,  he  shall  be  guilty  of  a  mis- 
demeanor. 


86  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  5.  Violation;  penalty;  proviso. — Any  person  who  shall  violate 
any  provision  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars. 

Provided,  the  provisions  of  this  bill  shall  apply  only  [to]  the 
counties  of  Bradley,  Drew,  Ashley,  Nevada,  Woodruff,  Lincoln,  and 
Chicot. 

Acts,  1915 ;  Act  236,  p.  874. 

Sec.  1.  Provides  for  the  election  of  county  court  weigher  in  certain 
counties. — That  at  the  next  general  election  for  State  and  county 
officers,  and  every  two  j^ears  thereafter,  there  shall  be  elected,  in 
the  same  manner  and  under  the  same  restrictions  as  is  provided 
by  law  for  the  election  of  other  county  officials,  a  county  cotton 
weigher  for  each  of  the  counties  of  Howard,  Columbia,  Polk,  Mont- 
gomery, Nevada,  White,  and  Scott,  who  shall  hold  their  respective 
offices  for  the  term  of  two  years,  or  until  their  respective  successors 
shall  have  been  elected  and  qualified:  Provided,  That  the  law  now 
in  force  in  Columbia  County  shall  remain  in  full  force  and  effect  in 
Columbia  County. 

Sec.  3.  Deputy  may  be  appointed,  if  necessary. — Any  county  cotton 
weigher  elected  under  this  act  shall  have  the  power  and  shall  be 
required,  upon  the  written  application  of  a  majority  of  the  qualified 
electors  of  any  political  township  in  which  is  situated  any  town  or 
village  in  which  enough  cotton  is  sold  to  pay  the  wages  of  a  compe- 
tent deputy,  to  appoint  such  deputy  and  to  require  of  him  a  good 
and  sufficient  bond,  conditioned  upon  the  faithful  performance  of 
his  duties  as  such  deputy,  and  for  the  protection  of  himself  for  any 
loss  he  may  sustain  by  the  action  of  such  deputy,  and  the  said  deputy 
shall  receive  for  his  services  the  same  compensation  as  is  provided 
in  this  act  for  the  compensation  of  the  services  of  the  said  county 
cotton  weigher. 

Sec.  4.  Euties  of  cotton  weigher. — When  any  cotton  weigher  is 
elected  under  this  act,  or  any  deputy  appointed,  he  shall  prepare  a 
convenient  place,  easy  of  access  to  the  public  for  the  performance 
of  his  duties,  and  he  shall  keep  a  pair  of  scales,  which  shall  be  tested 
as  is  now  provided  by  law,  and  shall  weigh  without  unnecessary 
delay  all  cotton  sold  or  marketed  at  his  place  of  business ;  and  when 
the  buyer  or  seller  shall  demand  the  weight  of  any  cottonseed,  grain, 
cattle,  hogs,  sheep,  cotton  on  the  seed,  coal  or  any  other  articles  of 
produce  sold  in  the  city,  town  or  village  where  he  keeps  the  scales 
and  presented  to  him  to  be  weighed,  he  shall  weigh  the  same  and 
shall  receive  therefor,  as  compensation  for  his  services,  the  amounts 
hereafter  provided  by  this  act :  Provided,  however,  That  until  the 
secretary  of  state  procures  the  tests  and  weights  as  provided  for  by 
section  8004,  of  Kirby's  Digest  [sec.  10476] ,  the  said  cotton  weigher 
or  his  deputy  shall  be  allowed  to  use  scales  which  have  been  tested  by 
the  county  clerk  of  the  county  in  which  his  county  is  located,  and 
which  said  scales  have  been  found  to  be  correct  by  the  county  clerk 
of  said  county,  according  to  the  tests  and  weights  in  his  office,  and 
it  shall  be  the  duty  of  the  county  clerk  to  test  the  scales  of  all  cotton 
weighers  and  deputies  in  his  county,  on  or  before  the  first  day  of 
August  of  each  year,  and  if  said  scales  are  found  to  be  correct  ac- 


AKKANSAS  87 

cording  to  the  weights  and  tests  in  his  said  office,  he  shall  issue  a  cer- 
tificate to  the  said  cotton  weigher,  or  his  deputy,  and  the  said  certifi- 
cate, when  so  issued,  shall  entitle  the  said  cotton  weigher,  or  his 
deputies  to  weigh  cotton  or  other  articles  presented  to  him,  as  pro- 
vided in  this  act,  and  to  collect  for  his  services  the  compensation 
herein  provided  for. 

Sec.  5,  Must  keep  record  of  all  cotton  and  other  articles  weighed  by 
him. — The  cotton  weigher,  or  his  deputy,  shall  mark  upon  each  bale 
of  cotton  weighed  on  his  scales,  the  weight  in  figures,  and  shall  de- 
liver to  the  person  or  persons  having  cotton  weighed,  a  certificate 
giving  the  number  and  weight  of  each  bale  of  cotton,  or  if  other 
produce  or  livestock,  he  shall  deliver  a  certificate  giving  the  weight 
of  each  article,  and  he  shall  keep  in  a  Avell-bound  book  a  record  of 
all  cotton  and  other  articles  weighed  by  him,  together  with  a  memo- 
randum of  the  buyer  and  seller  of  said  articles  and  said  book  shall 
be  kept  in  his  office  subject  to  public  inspection  at  all  times  by  any 
person  interested. 

Sec.  6.  Provides  compensation. — Any  cotton  weigher  elected  under 
the  provisions  of  this  act,  or  any  deputy  appointed,  shall  receive  as 
compensation  for  his  services,  ten  cents  for  each  bale  of  cotton 
weighed  and  five  cents  for  each  wagon  load  of  cotton,  cottonseed,  or 
other  produce  that  he  may  be  called  upon  to  weigh,  and  he  shall  make 
no  extra  charge  for  any  other  kind  of  produce,  and  the  said  fee  shall 
be  paid  by  the  purchaser. 

Sec.  7.  Unlawful  for  any  other  person  to  weigh  cotton  in  any  town 
where  said  cotton  weigher  has  scales  and  is  acting  in  his  official  ca- 
pacity.— If  any  person  or  persons,  other  than  the  said  cotton  weigher, 
or  his  legally  appointed  deputy,  shall  weigh  or  attempt  to  weigh  any 
cotton  sold  or  marketed  in  the  town  or  village  where  the  said  cotton 
weigher,  or  his  legally  appointed  deputy,  keeps  his  scales  and  is  act- 
ing in  his  official  capacity,  such  person  or  persons  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  less  than  ten  dollars  nor  more  than  twenty-five  dollars, 
and  each  bale  of  cotton  so  weighed  or  attempted  to  be  weighed  shall 
constitute  a  separate  offense,  and  any  purchaser  who  charges  or  col- 
lects from  the  person  from  whom  he  buys  the  said  cotton  so  weighed, 
the  price  paid  for  weighing  said  cotton,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  one  dollar,  nor  more  than  ten  dollars,  and  each  charge 
or  collection  made  in  violation  of  this  act  shall  be  a  separate  offense. 

Sec.  8.  This  act  does  not  prohibit  any  weigher  already  elected  from 
continuing  his  duties  until  the  next  election. — This  act  shall  not  be 
construed  to  prohibit  any  county  cotton  weigber  already  elected  from 
continuing  to  perform  the  duties  of  his  office  as  such  cotton  weigher, 
until  the  next  general  election,  and  all  cotton  weighers  heretofore 
legally  elected  in  the  counties  herein  named,  under  any  laws  of  the 
State,  providing  for  the  election  of  cotton  weighers,  are  hereby  con- 
tinued in  office  and  shall  perform  the  duties,  and  shall  be  entitled 
to  the  compensation  provided  for  in  this  act  until  the  next  general 
election. 

Acts,  1917;  Act,  409,  p.  1890. 

Sec.  1.  County  public  weigher,  election  of  from  Greene  County. — That 
at  the  next  general  election  for  State  and  county  officers  and  every 


88  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

two  years  thereafter,  there  shall  be  elected,  in  the  same  manner  and 
under  the  same  restrictions  as  is  provided  by  law  for  the  election  of 
other  county  officials,  a  county  public  weigher  for  the  county  of 
Greene,  who  shall  hold  his  office  for  the  term  of  two  years,  or  until 
his  successor  shall  have  been  elected  and  qualified:  Provided,  That 
the  governor  shall  appoint  some  citizen  of  Greene  County  to  act  as 
public  weigher,  under  the  provisions  of  this  act,  until  the  next  gen- 
eral election  for  State  and  county  officers. 

Sec.  3.  Deputy,  appointment  of. — Any  public  weigher  elected  under 
this  act  shall  have  the  power  and  shall  be  required,  upon  the  written 
application  of  a  majority  of  the  qualified  electors  of  any  political 
township  in  which  is  situated  any  town  or  village  in  which  enough 
public  weighing  is  done  to  pay  the  wages  of  a  competent  deputy,  to 
appoint  such  deputy  and  to  require  of  him  a  good  and  sufficient  bond, 
conditioned  upon  the  faithful  performance  of  his  duties  as  such 
deputy,  and  for  the  protection  of  himself  for  any  loss  he  may  sustain 
by  the  action  of  such  deputy  shall  receive  for  his  services  the  same 
compensation  as  is  provided  in  this  act  for  the  compensation  of  the 
services  of  the  saicl  county  public  weigher :  Provided,  The  public 
weigher  may  have  one  or  more  deputies  in  the  city  of  Paragould 
and  town  of  Marmaduke.  , 

Sec.  4.  Scales  to  be  established,  when;  how  maintained;  public  scales, 
how  tested;  duties  of  public  weigher. — When  any  public  weigher 
is  elected  under  the  act,  or  appointed  under  the  provisions  of 
section  3  of  this  act,  it  shall  be  the  duty  of  the  county  court  of 
said  county,  or  the  judge  thereof  in  vacation,  immediately  after 
this  act  goes  into  effect,  to  erect  and  prepare  within  the  city  of 
Paragould,  and  the  town  of  Marmaduke  in  said  county  or  in  any 
other  political  township  of  said  county  complying  with  the  provi- 
sions of  this  act  for  deputy  public  weigher,  suitable  grounds  and 
scales,  to  be  established  at  a  place  or  places  that  will  be  at  all  times 
convenient  and  accessible  to  the  general  public  for  the  use  of  said 
public  weigher,  or  his  deputies :  Provided,  The  county  court  or  the 
judge  thereof  in  vacation  may,  for  the  purposes  of  carrying  into 
effect  the  provisions  of  this  act,  purchase,  or  lease  said  ground  and 
scales  aforesaid  and  maintain  the  same  out  of  the  general  revenues  of 
said  county  as  other  expenses  of  said  county  are  now  provided  for 
by  law;  Provided  further,  That  when  any  public  weigher  is  elected 
or  appointed  under  this  act,  he  shall  be  required  to  pay  into  the 
treasury,  for  the  use  of  said  county  in  purchasing  grounds,  leasing 
same  or  purchasing  scales  or  leasing  same,  ten  per  cent  in  cash  of  the 
gross  receipts  of  his  business  and  that  of  his  deputies  in  quarterly 
payments,  same  to  be  made  on  the  first  day  the  county  court  convenes 
in  its  regular  sessions. 

Said  scales,  when  so  erected,  shall  be  tested  as  is  now  provided  by 
law,  and  the  public  weigher  and  his  deputies  shall  weigh,  without  un- 
necessary delay,  all  cotton,  cotton  on  the  seed,  corn,  hay,  wheat,  oats, 
grain,  hogs,  sheep,  cattle,  chickens  in  coops,  coal  or  any  other  articles 
of  produce  sold  or  marketed  at  his  place  of  business  or  at  any  place 
where  deputies  are  appointed  and  located  under  the  provisions  of 
this  act  where  scales  are  maintained  and  said  articles  of  produce  are 
presented  to  him  or  them  to  be  weighed.  It  shall  be  the  duty  of  said 
public  weigher  or  his  duly  appointed  deputies  to  weigh  such  articles 


ARKANSAS  89 

of  produce  and  commodities  without  unnecessary  delay  and  receive 
therefor  as  compensation  for  his  services  the  several  amounts  here- 
inafter provided  for  by  this  act:  Provided  further,  That  until  the 
secretary  of  state  shall  "procure  the  tests  and  weights  as  provided  in 
section  8004,  Kirby's  Digest,  the  said  public  weigher  and  his  deputies 
shall  be  allowed  to  use  scales  which  have  been  tested  by  the  county 
clerk  of  said  county,  and  which  said  scales  have  been  found  to  be 
correct  by  his  test  so  made,  according  to  the  weights  and  tests  in  his 
office,  and  it  shall  be  the  duty  of  said  cleric  to  make  additional  tests, 
from  time  to  time  as  shall  seem  necessary  to  insure  their  correctness, 
as  evidence  of  which  said  clerk  shall  issue  to  said  public  weigher, 
and  his  deputies  certificates  under  seal,  and  the  certificates  when  so 
issued,  shall  entitle  them  to  weigh  all  or  any  of  the  articles  mentioned 
in  this  act,  as  they  are  presented  for  that  purpose  and  manner  as  is 
herein  provided  and  to  collect  for  his  services  the  compensation  here- 
inafter provided  for. 

Sec.  5.  Cotton  and  other  commodities,  how  weighed  and  marked. — 
The  public  weigher  and  his  deputies  shall  weigh  each  bale  of  cotton 
separately  when  so  requested  by  the  seller,  and  shall  mark  upon 
each  bale  of  cotton  weighed  in  figures  the  weight  thereof,  and  shall 
also  deliver  to  the  person  or  persons  having  cotton  weighed,  giving 
the  number  and  weight  of  each  bale  of  cotton,  or  if  other  produce  or 
live  stock  he  shall  deliver  a  certificate  giving  the  weights  of  such 
produce  or  livestock,  and  he  shall  also  keep  in  a  well-bound  book 
a  record  of  weights  and  such  other  descriptive  matter  as  shall  be 
necessary  to  at  any  time  identify  same ;  a  record  of  all  cotton,  corn, 
wheat,  hay,  cattle,  hogs,  chickens  in  coop,  coal,  and  such  other  articles 
of  produce  weighed  by  him,  together  with  a  memorandum  of  the 
buyer  and  seller  of  said  articles  of  produce  and  livestock,  and  said 
record  shall  be  kept  in  his  office  subject  to  the  inspection  of  any 
person  interested,  and  in  addition  the  said  public  weigher  shall 
exhibit  with  his  quarterly  report  to  the  county  court  the  record  re- 
quired to  be  kept  by  him  for  each  quarter  to  enable  the  judge  of 
said  court  to  examine  the  same  to  the  end  that  said  report  shall  be 
ascertained  to  be  correct. 

Sec.  6.  Fees  of  public  weigher. — Any  public  weigher  elected  under 
the  provisions  of  this  act,  or  his  deputies  appointed  shall  receive 
as  compensation  for  his  services  ten  cents  a  load  for  all  produce 
weighed  except  livestock  on  foot  in  which  case  he  shall  receive 
twenty  cents,  except  such  stock  that  shall  be  weighed  in  a  wagon 
and  then  he  shall  receive  the  sum  of  ten  cents  for  each  load  of 
hogs  or  sheep  and  the  said  fees  shall  be  paid  in  cash  by  the  seller. 
Sec.  7.  Persons  weighing1  without  authority;  penalty. — If  any  person 
or  persons,  other  than  the  said  public  weigher  or  his  legally  ap- 
pointed deputies,  shall  weigh  or  attempt  to  weigh  any  of  the  arti- 
cles of  produce  or  livestock  mentioned  in  this  act,  when  same  is 
marketed,  in  any  town,  [or]  village  where  the  said  public  weigher 
or  his  legally  appointed  deputies  keep  scales,  and  are  acting  in 
their  official  capacity,  such  person  or  persons  shall  be  declared  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a 
sum  not  less  than  ten  dollars  and  each  load  of  produce  or  drove 
of  stock  so  weighed  or  attempted  to  be  weighed  shall  constitute  a 
separate  offense. 


90  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  8.  Public  weigher,  successor  in  case  of  death  or  resignation. — In 
case  of  death,  resignation  or  removal  from  the  county  of  Greene  of 
the  public  weigher,  the  county  judge  of  county  shall  have  the  power 
to  appoint  some  person  public  weigher  who  when  complying  with 
the  provisions  of  this  act,  shall  be  entitled  to  act  as  public  weigher 
of  Greene  County. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  eh.  113,  p.  1831. 

Sec.  6985  (1901).  Timber  inspectors,  who  are. — The  county  surveyors 
of  each  county  of  the  State  of  Arkansas  shall  be  ex  officio  timber 
inspectors  for  their  respective  counties  and  shall  discharge  the  duties 
and  receive  the  fees  herein  provided. 

Sec.  6990.  Deputies. — Said  timber  inspectors  may  appoint  one  or 
more  deputies  for  their  respective  counties,  for  whose  conduct  and 
fidelity  in  the  discharge  of  their  duties  as  such  said  county  inspector 
making  the  appointment  shall  be  responsible  upon  his  official  bond ; 
and  said  county  timber  inspectors  and  their  deputies  shall  have 
power  and  authority  to  administer  oaths  for  any  purpose  relating 
to  their   office. 

Sec.  6991.  Duties  of  inspectors. — Said  county  timber  inspectors  shall, 
in  person  or  by  deputy,  at  the  request  of  any  owner  of  logs,  timber 
or  lumber,  after  a  scalement  or  measurement  thereof,  make  a  bill, 
stating  therein  the  number  of  logs,  the  number  of  feet  (board  meas- 
ure), contained  in  such  logs  and  lumber  and  the  number  of  feet, 
cubic,  running  or  board  measure,  contained  in  said  timber,  and  at 
whose  request  the  same  was  scaled  or  measured,  and  to  whom  scaled 
or  measured,  a  copy  of  which  bill  he  shall  enter  upon  the  books  of 
his  office,  to  be  provided  by  him  and  kept  for  that  purpose,  with  the 
marks  as  they  occurred  upon  the  logs.  A  correct  bill  of  the  same 
shall  be  given  to  such  owner,  with  a  certificate  thereto  attached 
that  it  is  a  true  and  correct  bill,  which  bill,  so  certified,  shall  be  pre- 
sumptive evidence  of  the  facts  therein  contained,  and  of  the  correct- 
ness of  such  scalement  or  measurement  in  all  courts,  except  in  favor 
of  the  inspector  or  deputy  inspector  who  made  the  same. 

Sec,  6992,  Allowances  for  hollow,  rotten,  or  crooked  logs. — Said 
county  timber  inspectors  and  their  deputies  shall,  in  surveying  or 
measuring  logs,  make  such  allowance  for  hollow,  rotten  or  crooked 
logs  as  would  make  them  equal  to  good,  sound,  straight,  merchant- 
able logs;  and  all  logs  that  are  straight  and  sound  are  to  be  measured 
at  their  full  size,  inside  the  bark  at  the  small  end;  and  all  logs 
over  twenty-four  feet  long,  not  exceeding  thirty-six  feet,  shall  be 
scaled  or  measured  as  two  logs,  allowing  such  rise  from  the  first  to 
the  second  log  as  the  same  may  require,  or  as  may  seem  proper  in 
the  opinion  of  the  inspector  or  his  deputy. 

Sec.  6993.  Deputies  to  make  monthly  statement. — Said  county  timber 
inspector  shall  require  of  each  of  his  deputies,  at  the  end  of  each 
month,  a  correct  account  of  all  of  the  logs,  timber  or  lumber  meas- 
ured by  him  during  the  month  next  preceding,  and  he  shall  im- 
mediately enter  such  account  upon  the  books  of  his  office. 

Sec.  6994.  Standard  log  measurement. — The  Doyle  stick  or  standard 
of  log  measurement  is  declared  to  be  the  standard  by  which  all  saw- 
logs  bought,  sold,  cut  or  hauled  in  this  State  shall  be  scaled  or  esti- 


ARKANSAS 


91 


mated,  and  in  scaling  logs  the  average  diameter  inside  the  bark 
shall  be  taken. 

Sec.  7003  (1883).  Fees.— They  shall  be  entitled  to  receive  the  follow- 
ing fees  for  services,  viz :  Five  cents  per  thousand  feet  for  scaling  or 
measuring  and  making  out  survey  bills  for  all  logs  he  is  called 
upon  to  scale  or  measure ;  tweleve  cents  per  thousand  feet,  running 
measure,  for  measuring  square  timber;  ten  cents  per  thousand  feet 
for  sawed  lumber,  including  bills;  and  in  all  cases  such  fees  shall 
be  paid  by  the  owner  of  the  logs,  timber  or  lumber  scaled  or 
measured.  For  recording  each  mark,  fifty  cents.  For  recording 
any  mortgage,  bill  of  sale  or  other  written  instrument,  the  same 
fees  allowed  by  law  to  registers  of  deeds  for  recording  like  instru- 
ments. 

Digest  of  the  Statutes,  Crawford  and  Moses,  1921,  ch.  121,  p.  1889. 

Sec.  7272  (1893).  Weighman  at  mine;  check  weighman  may  be  em- 
ployed; powers  and  duties. — The  weighman  employed  at  any  mine 
shall,  before  entering  upon  his  duties,  take  and  subscribe  on  oath, 
or  affirmation,  before  some  proper  officer,  to  do  justice  between  em- 
ployer and  employee,  and  to  weigh  the  output  from  the  mine  hon- 
estly and  correctly.  The  miners  engaged  in  working  any  mine  shall 
have  the  privilege,  if  they  so  desire,  of  selecting,  by  a  majority 
vote,  and  employing,  at  their  own  expense,  a  check-weighman  who 
shall  in  like  manner  take  an  oath,  and  who  shall  have  like  rights, 
powers  and  privileges,  in  attending  and  seeing  that  coal  is  correctly 
weighed,  and  who  shall  be  subject  to  the  same  penalties  as  the 
regular  weighman,  and  each  of  such  weighmen  shall  keep  account 
of  all  coal  Weighed  at  the  mines,  in  a  well-bound  book  kept  for 
that  purpose.  Such  oath  or  affirmation  shall  be  kept  posted  in  a 
conspicuous  place  in  the  weigh  office,  and  every  owner,  agent  or 
operator  of  any  coal  mine  in  this  State  shall  keep  a  correct  account 
of  the  output  of  coal  at  his  mine  in  a  well-bound  book  kept  for 
that  purpose,  therein  showing  the  amount  of  coal  mined  in  each 
day,  in  each  month  and  in  each  year,  and  such  account  shall  be 
kept  in  the  general  office  in  this  State  of  such  owner,  agent  or 
operator,  subject  at  all  times  to  the  inspection  of  the  inspector, 
and  if  the  mine  be  leased,  subject  also  to  the  inspection  of  the  owner 
of  the  mine,  his  agent  or  attorney. 

Sec.  7273  (1905).  Mine  scales.— It  shall  be  the  duty  of  every 
corporation,  company,  or  person  engaged  in  the  business  of  mining 
and  selling  coal  by  weight  or  measure,  and  employing  ten  or  more 
persons,  to  procure  and  constantly  keep  on  hand  at  the  proper  place 
the  necessary  scales  and  measures  and  whatever  else  may  be  necessary 
to  correctly  weigh  and  measure  the  coal  mined  by  such  corporation, 
company,  or  person,  and  it  shall  be  the  duty  of  the  mine  inspector 
to  visit  each  coal  mine  operated  therein,  and  where  such  scales  and 
measures  are  kept,  at  least  once  in  each  year,  and  test  the  correctness 
of  such  scales  and  measures.  The  owner  or  operator  of  each  coal 
mine,  or  any  two  or  more  of  the  miners  working  therein,  may,  in 
writing,  require  his  attendance  at  the  place  where  such  scales  and 
measures  are  kept,  at  other  times  in  order  to  test  the  correctness 
thereof,  and  it  shall  be  his  duty  to  comply  with  such  request  as 
soon  as  he  can  after  receiving  such  request. 


92  LAWS   CONCEKNING  WEIGHTS  AND  MEASUKES 

Sec.  7274.  Testing  weights  at  mines. — Every  agent,  owner,  lessee, 
or  operator  engaged  in  mining  coal  in  any  quantity,  where  ten 
or  more  men  are  worked  underground,  shall  furnish  and  keep  on 
hand  for  the  use  of  the  State  mine  inspector,  for  inspecting,  testing, 
and  examining  scales,  500  pounds  of  United  States  standard  testing 
weights. 

Sec.  7276  (1915).  Coal  not  to  be  screened  before  being  weighed,  ex- 
ceptions; proviso;  dimensions  of  screen;  penalty. — It  shall  be  unlawful 
for  any  mine  owner,  lessee  or  operator  of  coal  mines  in  this  State, 
where  ten  or  more  men  are  employed  underground,  employing 
miners  at  bushel  or  ton  rates,  or  other  quantity  to  pass  the  output  of 
coal  mined  by  said  miners  over  any  screen  or  any  other  device  which 
shall  take  any  part  from  the  value  thereof  before  same  shall  have 
been  weighed  and  duly  credited  to  the  employee  sending  the  same  to 
the  surface,  and  accounted  for  at  the  legal  rate  of  weights  as  fixed  by 
the  laws  of  Arkansas,  and  no  employee  within  the  meaning  of  this 
act  shall  be  deemed  to  have  waived  any  right  accruing  to  him  under 
this  section  by  any  contract  he  may  make  contrary  to  the  provisions 
thereof,  and  any  provisions,  contract  or  agreement  between  the  mine 
owners,  lessees  or  the  operators  thereof,  and  the  miners  employed 
therein,  whereby  the  provisions  of  this  act  are  waived,  modified  or 
annuled,  shall  be  void  and  of  no  effect,  and  the  coal  sent  to  the  sur- 
face shall  be  accepted  or  rejected ;  and,  if  accepted,  shall  be  weighed 
in  accordance  with  the  provisions  of  this  act,  and  right  of  action 
shall  not  be  invalidated  by  reason  of  any  contract  or  agreement; 
Provided,  That  in  Kane  Creek,  River  and  Logan  Townships  in 
Logan  County,  and  all  of  Johnson  County,  except  Grant  Township, 
all  coal  mined  and  paid  for  by  weight  may  be  paid  for  On  the  mine- 
run  basis  or  upon  the  screen-coal  basis,  which  shall  be  a  matter  of 
agreement  between  the  operators  and  he  miners:  Provided  further, 
That  if  any  coal  shall  be  mined  on  the  screen-coal  basis  it  shall  pass 
over  the  following  kind  of  a  screen,  to  wit :  The  screen  shall  not  be 
more  than  four  feet  wide  and  not  more  than  twelve  feet  long,  made 
of  steel  or  iron  bars,  which  shall  not  be  less  than  five-eighths  of  an 
inch  in  thickness  on  the  face  and  not  less  than  five-sixteenths  of  an 
inch  in  thickness  on  the  bottom  and  not  less  than  one  and  one-fourth 
of  an  inch  [in  width  and  shall  be  in  no  case  more  than  one  and  one- 
fourth  of  an  inch  apart.  Said  screen] 1  shall  be  supported  by  rests 
or  crossbars.  It  shall  in  no  event  be  placed  more  than  three  feet 
apart.  The  screen  bars  shall  be  placed  upon  rests  in  such  a  manner 
is  to  prevent  spreading  and  said  rests  or  crossbars  shall  be  firmly 
fastened  to  each  side  of  the  chute  through  which  the  coal  passes. 
Said  rests  or  crossbars  shall  be  so  arranged  as  in  no  case  to  rise  above 
the  top  of  the  screen  bars  in  such  manner  as  to  retard  the  speed  of 
the  coal  in  passing  over  the  screen.  Where  coal  is  screened  before  it 
is  weighed,  it  shall  be  dumped  upon  bat  [flat x]  sheets  and  passed  over 
the  screen  as  described  above,  and  there  shall  be  no  obstruction  on 
said  screens. 

Any  owner,  agent,  lessee  or  operator  of  any  coal  mine  in  this 
State  where  ten  or  more  men  are  employed  underground,  who  shall 
knowingly  violate  any  of  the  provisions  of  this  section,  shall  be 

1  The  words  in  brackets  are  contained  in  the  act  as  it  appears  in  the  Session  naws  o,' 
191-5,    ch.   49,   p.    157. 


ARKANSAS 


93 


deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  two  hundred  dollars  nor  more  than 
five  hundred  dollars  for  each  offense,  or  by  imprisonment  in  the 
county  jail  for  a  period  of  not  less  than  sixty  [days]  nor  more  than 
six  months,  or  both  such  fine  and  imprisonment;  and  each  day  any 
mine  or  mines  are  operated  thereafter  shall  be  a  separate  and  distinct 
offense;  proceedings  to  be  instituted  in  any  court  having  competent 
jurisdiction. 


CALIFORNIA 

Par.  14,  Art.  XI,  Const.,  as  amended  in  1911. 

The  legislature  may  by  general  and  uniform  laws  provide  for  the 
inspection,  measurement,  and  graduation  of  merchandise,  manufac- 
tured articles  and  commodities,  and  may  provide  for  the  appoint- 
ment of  such  officers  as  may  be  necessary  for  such  inspection,  meas- 
urement and  graduation. 

Stats,  and  Amendments  to  the  Codes,  1921,  ch.  606,  p.  1036. 

Sec.  1.  Department  of  agriculture;  divisions;  powers  transferred  to 
department. — The  Political  Code  is  hereby  amended  by  adding  a  new 
article  to  chapter  three  of  title  one  of  part  three  thereof,  to  be  num- 
bered article  two  b,  embracing  sections  three  hundred  sixty-one  to 
three  hundred  sixty-one  e,  and  to  read  as  follows : 

Article  lib.  Department  of  agriculture;  divisions;  powers  transferred  to 

department 361.  A  department  of  the  government  of  the  State  of 

California  to  be  known  as  the  department  of  agriculture  is  hereby 
created.  The  department  shall  be  conducted  under  the  control  of 
an  executive  officer  to  be  known  as  director  of  agriculture,  which 
office  is  hereby  created.  The  director  shall  be  appointed  by  and  hold 
office  at  the  pleasure  of  the  governor,  and  shall  receive  a  salary  of 
five  thousand  dollars  per  annum.    *    *    * 

361a.  For  the  purpose  of  administration,  the  department  shall  be 
forthwith  organized  by  the  director  in  such  manner  as,  with  the 
approval  of  the  governor,  shall  be  deemed  necessary  to  properly 
segregate  and  conduct  the  work  of  the  department.  The  work  of 
the  department  shall  be  organized  into  at  least  five  divisions  to  be 
known  respectively  as  the  division  of  plant  industry,  the  division  of 
agricultural  chemistry,  the  division  of  animal  industry,  the  division 
of  markets,  and  the  division  of  weights  and  measures.  The  director, 
with  the  approval  of  the  governor,  may  create  such  other  divisions 
and  subdivisions  as  may  be  necessary,  and  change  or  abolish  the  same 
from  time  to  time  with  the  approval  of  the  governor.  The  director 
shall  act  as  chief  of  one  of  the  divisions  without  additional  com- 
pensation.   *    *    * 

361b.  The  department  of  agriculture  except  as  in  this  act  other- 
wise provided  shall  succeed  to  and  is  hereby  invested  with  all  the 
duties,  powers,  purposes,  responsibilities  and  jurisdiction  of  the 
*  *  *  State  superintendent  of  weights  and  measures,  State  market 
director,  State  market  commission,  and  of  the  several  officers,  deputies 
and  employees  of  such  bodies  and  offices ;  and,  whenever  by  the  pro- 
visions of  any  statute  or  law  now  in  force  or  that  may  hereafter 
be  enacted  a  duty  or  jurisdiction  is  imposed  or  authority  conferred 
upon  any  of  said  bodies,  offices,  deputies,  or  employees,  or  upon 
any  other  person  by  any  statute,  the  enforcement  of  which  is  trans- 
ferred to  the  department,  such  duty,  jurisdiction  and  authority  are 

94 


CALIFOBNIA  95 

hereby  imposed  upon  and  transferred  to  the  department  of  agri- 
culture and  the  appropriate  officers  thereof  with  the  same  force  and 
effect  as  though  the  title  of  said  department  of  agriculture  had 
been  specifically  set  forth  and  named  therein,  in  lieu  of  the  names 
of  any  such  board,  commission,  office,  officer,  deputy  or  employee 
thereof  as  the  case  may  be.  Said  bodies  and  offices,  the  duties, 
powers,  purposes  and  responsibilities  of  which  are  so  transferred 
to  and  vested  in  the  department  of  agriculture  and  the  positions 
of  all  officers,  deputies  and  employees  thereunder  are  and  each  of 
them  is  hereby  abolished  and  shall  have  no  further  legal  existence, 
but  the  statutes  and  laws  under  which  they  existed  and  all  laws  pre- 
scribing their  duties,  powers,  purposes  and  responsibilities  and  juris- 
diction together  with  all  lawful  rules  and  regulations  established 
thereunder,  are  hereby  expressly  continued  in  force.  The  depart- 
ment of  agriculture  shall  also  be  in  possession  and  control  of  all 
records,  books,  papers,  offices,  equipment,  supplies,  moneys,  funds, 
appropriations,  land  and  other  property,  real  or  personal,  now  or 
hereafter  held  for  the  benefit  or  use  of  said  bodies,  offices  and 
officers. 

General  Laws,  1915,  Deering,  Act  4385,  p.  2121. 

Sec.  5  (1913).  Standards  of  weights  and  measures. — The  standards  of 
weights  and  measures  received  from  the  United  States  under  a  reso- 
lution of  Congress  approved  June  14,  1836,  and  such  new  weights 
and  measures  as  shall  be  received  from  the  United  States  as  standard 
weights  and  measures  in  addition  thereto  or  renewal  thereof,  and 
such  as  shall  be  procured  by  the  State  in  conformity  therewith  and 
certified  by  the  National  Bureau  of  Standards,  shall  be  the  State 
standards  by  which  all  State,  county  and  municipal  standards  of 
weights  and  measures  shall  be  tried,  proved  and  sealed. 

Sec.  6,  as  amended  by  Stats,  and  Amendments,  1917,  ch.  786,  p.  1648. 
Custody  of  standards;  tolerances. — The  standards  referred  to  in  the 
preceding  section  shall  be  kept  by  the  State  superintendent  [depart- 
ment of  agriculture]  in  a  safe  and  suitable  place  in  his  office  from 
which  they  shall  not  be  removed  except  for  repairs  or  certification. 
He  shall  maintain  such  standards  in  good  order  and  shall  submit 
them  at  least  once  in  ten  years  to  the  National  Bureau  of  Standards 
for  certification.  Upon  demand  the  secretary  of  state  shall  deliver 
to  the  State  superintendent  [department  of  agriculture]  all  standards 
now  under  the  control  and  in  the  possession  of  the  secretary  of 
state  in  his  capacity  of  ex  officio  State  sealer  of  weights  and  measures. 
The  State  superintendent  [department  of  agriculture]  shall  there- 
upon submit  such  standards  received  from  the  secretary  of  the  state 
to  the  National  Bureau  of  Standards  for  certification,  and  he  shall 
replace  such  standards  as  are  incorrect  and  purchase  such  additional 
standards  as  shall  be  necessary  to  complete  and  make  up  a  complete 
standard  of  weights  and  measures  as  required  by  this  act.  He  shall 
also  purchase  such  apparatus  as  shall  be  found  necessary  to  a  proper 
prosecution  of  the  work  of  the  office.  The  State  superintendent  of 
weights  and  measures  [department  of  agriculture]  may  establish 
tolerances  and  specifications  for  commercial  weighing  and  measur- 
ing apparatus  for  use  in  the  State  of  California  similar  to  the  toler- 
ances and  specifications  recommended  by  the  National  Bureau  of 

517—26 7 


96  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Standards,  and  he  may  establish  a  standard  net  weight,  or  net 
measure,  or  net  count  of  any  commodity,  produce  or  article  except 
any  manufactured  commodity  consisting  of  four  or  more  staple  in- 
gredients, and  prescribe  such  tolerances  for  same  as  he  may  in  his 
best  judgment  deem  necessary  for  the  proper  protection  of  the  public. 
Any  person  violating  such  standards  or  tolerances  shall  be  guilty 
of  a  misdemeanor.1 

Sec.  8  (1913).  Copies  furnished  cities,  etc.;  testing. — The  State  super- 
intendent [department  of  agriculture]  shall,  at  the  request  of  the 
legislative  body  of  any  county,  city,  town,  or  city  and  county,  furnish 
to  said  county,  city,  town,  or  city  and  county,  copies  of  the  standard 
weights  and  measures  of  the  State ;  such  copies  shall  be  furnished  at 
the  expense  of  the  county,  city,  town,  or  city  and  county  requesting 
the  same.  He  shall  upon  request  of  the  legislative  body  of  any 
county,  city,  town,  city  and  county,  or  upon  the  request  or  a  sealer 
of  weights  and  measures  of  any  such  county,  city,  town  or  city 
and  county,  appointed  pursuant  to  the  provisions  of  this  act,  test 
and  accurately  approve  copies  of  the  State's  standards  of  weights 
and  measures  procured  by  any  such  county,  city,  town  or  city  and 
county  to  be  used  by  a  sealer  of  weights  and  measures  in  the  per- 
formance and  discharge  of  his  duties.  Copies  furnished  under  the 
provisions  of  this  section  or  copies  tested  and  approved  by  the  State 
superintendent  under  the  provisions  of  this  section  shall  be  true 
and  correct;  shall  be  sealed  and  certified  to  by  the  State  superin- 
tendent [department  of  agriculture]  and  stamped  with  the  letter 
"  C."  Such  copies  need  not  be  of  the  same  material  or  construction 
as  the  standards  of  the  State  and  such  copies  may  be  furnished  in 
any  suitable  materials  or  construction  that  the  county,  city,  town, 
or  city  and  county  requiring  the  same  may  specify,  subject  to  the 
approval  of  the  State  superintendent  [department  of  agriculture]. 

Sec.  9.  Inspection  of  standards  used  by  cities,  etc.;  expense;  complete 
set  of  copies. — The  State  superintendent  [department  of  agriculture] 
shall  inspect  and  correct  the  standards  used  by  each  county,  city, 
town  and  incorporated  city  and  county  of  the  State,  and  at  least 
once  in  two  years  compare  the  same  with  those  in  his  possession  and 
keep  a  record  of  the  same,  and  where  not  otherwise  provided  by  law 
he  shall  have  general  supervision  of  the  weights  and  measures  and 
weighing  and  measuring  devices  offered  for  sale,  sold  or  in  use  in  the 
State.  Sealers  of  weights  and  measures  appointed  under  the  pro- 
visions of  this  act  shall,  upon  the  request  of  the  State  superintendent 
[department  of  agriculture],  deliver  to  the  State  superintendent 
[department  of  agriculture]  at  his  office  the  copies  of  the  State's 
standards  of  weights  and  measures  in  their  possession,  and  used  in 
the  discharge  and  performance  of  their  duties,  for  verification  and 
certification  by  the  State  superintendent  [department  of  agriculture] . 
The  actual  expense  of  such  comparison  and  verification  shall  be 
borne  by  the  county,  city,  town  or  city  and  county  whose  weights 
and  measures  are  compared  and  verified.  In  addition  to  the  stand- 
ards heretofore  referred  to  and  required  to  be  kept  by  the  State,  the 
State  shall  also  have  a  complete  set  of  copies  of  said  original  stand- 
ards of  weights  and  measures  adopted  by  this  act,  which  shall  be 
used  for  adjusting  county  and  municipal  standards  by  the  State 

1  No  section   numbered   7. 


CALIFORNIA  97 

superintendent  [department  of  agriculture]  and  his  deputy  in  the 
performance  of  their  duties  and  the  original  standards  shall  not  be 
used  except  for  the  adjustment  of  this  set  of  copies  and  for  certifica- 
tion purposes.  Additional  complete  sets  of  copies  of  such  original 
standard  of  weights  and  measures  may  be  purchased  by  the  superin- 
tendent [department  of  agriculture]  when  the  same  are  necessary 
for  use  by  any  deputy  State  superintendent  employed  by  counties 
under  section  sixteen  of  this  act.  The  State,  however,  shall  be  reim- 
bursed for  the  purchase  of  such  copies  by  the  county  in  which  the 
same  are  used,  in  the  manner  hereinafter  provided. 

Sec.  10.  Testing  of  weights  and  measures  used  by  State  institutions. — 
The  State  superintendent  or  his  deputy  [department  of  agriculture] 
shall,  at  least  once  annually  and  as  often  as  requested  by  the  State 
board  of  control  or  the  executive  officers  of  the  institutions  herein  re- 
ferred to,  test  the  scales,  weights  and  measures  used  in  checking  the 
receipt  and  disbursement  of  supplies  in  every  institution  conducted 
by  the  State,  and  he  shall  report  in  writing  his  findings  to  the  execu- 
tive officer  of  the  institution  concerned  and  to  the  State  board  of 
control. 

Sec.  11.  Inspecting  work  of  local  sealers. — The  State  superintendent 
[department  of  agriculture]  or  his  deputy  shall  at  least  once  in  two 
years  visit  the  various  cities  and  counties  of  the  State  and  inspect 
the  work  of  the  local  sealers  of  weights  and  measures,  and  in  the 
performance  of  said  duties  he  or  his  deputy  may  inspect  the  weights, 
measures,  balances  or  any  other  weighing  or  measuring  devices  of 
any  person,  firm  or  corporation.  The  State  superintendent  [depart- 
ment of  agriculture]  and  his  deputy  shall  have  all  the  powers  of 
sealers  of  weights  and  measures  provided  for  in  this  act. 

Sec.  12  (al915).  Charges  against  sealers  neglecting  duties;  hearing; 
copy  furnished  accused;  if  found  guilty;  accusation  to  superior  court; 
unlawful  to  sell  weighing  instruments. — The  State  superintendent  [de- 
partment of  agriculture],  if  he  finds  that  any  sealer  of  weights  and 
measures  appointed  under  the  provisions  of  this  act,  or  any  sealer 
or  deputy  sealer  appointed  by  any  city  or  county  in  this  State,  prior 
to  this  act,  has  refused  or  neglected  to  perform  the  duties  of  his  office 
or  refused  to  accept  the  recommendations  and  instructions  of  the 
State  superintendent  [department  of  agriculture]  or  is  guilty  of  any 
malfeasance  in  office  or  who  is  incompetent,  shall  present  to  the 
body,  officer  or  board  having  power  to  remove  such  sealer  or  deputy 
sealer  of  weights  and  measures  a  written  charge  and  accusation  based 
upon  and  clearly  stating  the  alleged  offense  or  offenses  of  such  sealer, 
or  deputy  sealer  and  request  such  body,  officer,  or  board  to  hear  and 
determine  such  charge  and  accusation.  Upon  receipt  of  such  charge 
and  accusation,  it  shall  be  the  duty  of  the  body,  officer  or  board  with 
whom  the  same  have  been  filed  to  make  an  order  setting  the  same 
for  hearing  at  a  time  which  shall  be  not  less  than  ten  or  more  than 
twenty  days  from  the  date  upon  which  such  charge  and  accusation 
shall  have  been  filed,  and  shall  in  such  order  fix  the  time  and  place 
for  such  hearing.  A  copy  of  such  charge  and  accusation,  together 
with  a  copy  of  such  order,  shall  be  served  upon  the  accused  at  least 
seven  days  prior  to  the  time  fixed  for  such  hearing :  Provided,  That  in 
the  event  he  shall  absent  himself  from  his  usual  place  of  business, 
or  office,  such  service  may  be  made  by  depositing  such  copies  in  a 


98  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

conspicuous  place  therein  or  by  leaving  the  same  at  the  last  known 
place  of  residence  of  the  accused,  within  the  time  above  limited.  At 
such  hearing  the  accused  shall  have  the  right  to  be  represented  by 
counsel,  if  he  so  desires,  and  to  produce  witnesses  and  documentary 
evidence  in  his  defense.  If,  upon  such  hearing,  he  be  found  guilty 
of  malfeasance  in  office,  or  adjudged  to  be  incompetent  to  perform 
the  duties  of  his  office,  the  body,  officer  or  board  before  whom  such 
hearing  is  had  must  forthwith  remove  him  from  office.  If  he  be 
found  guilty  of  any  of  the  other  offenses  herein  enumerated  he  may 
be  punished  by  removal  or  by  suspension  without  pay  for  a  period 
not  exceeding  thirty  days,  as  such  body,  board  or  officer  may  deter- 
mine. If  he  has  reason  to  believe  that  any  such  sealer  or  deputy 
sealer  of  weights  and  measures  has  committed  any  of  the  offenses 
specified  in  section  seven  hundred  and  seventy-two  of  the  Penal  Code, 
the  State  superintendent  [department  of  agriculture]  may,  in  his 
discretion,  present  an  accusation  to  the  superior  court  of  the  county 
in  which  the  accused  is  employed,  which  shall  thereupon  be  heard 
and  determined  by  such  court  in  the  manner  provided  by  law.  The 
remedies  provided  in  this  section  are  cumulative  merely,  and  shali 
not  in  any  wise  detract  from  the  right  of  the  appointing  power  to 
remove  at  will  any  such  sealer  or  deputy  sealer  of  weights  and  meas- 
ures. It  shall  be  unlawful  for  the  State  superintendent  [department 
of  agriculture],  his  deputies,  or  any  sealer  of  weights  and  measures 
to  keep  for  sale,  or  offer  or  expose  for  sale,  or  to  sell  to  any  person, 
firm,  or  corporation,  or  dealer  in  goods,  wares  and  merchandise, 
doing  or  intending  to  do  business  in  the  State  of  California  any 
weighing  or  measuring  instrument,  or  to  be  interested  directly  or 
indirectly  in  the  sale  of  any  weighing  or  measuring  instrument. 

Sec.  13  (1913).  Investigate  conditions  in  State. — It  shall  be  the  duty 
of  the  State  superintendent  [department  of  agriculture]  to  investi- 
gate conditions  in  the  various  counties,  cities,  and  towns  of  the  State 
in  respect  to  weights  and  measures,  and  to  the  sale  of  goods,  wares 
and  merchandise,  commodities  and  foodstuffs  in  containers.  The 
State  superintendent  [department  of  agriculture]  shall  annually  re- 
port to  the  governor,  and  shall  prior  to  each  regular  session  report 
to  the  legislature  the  work  of  his  office,  and  shall  make  such  recom- 
mendations as  he  shall  deem  proper  and  necessary. 

Sec.  14.  Instructions  to  sealers. — The  State  superintendent  [depart- 
ment of  agriculture]  shall  issue  instructions  and  make  recommen- 
dations to  the  county  and  municipal  sealers  of  weights  and  meas- 
ures, appointed  under  the  provisions  of  this  act,  and  such  instruc- 
tion and  recommendations  shall  govern  the  procedure  to  be  followed 
by  the  aforesaid  officers  in  the  discharge  of  their  duties. 

Sec.  15.  Record  of  acts  done. — The  State  superintendent  [department 
of  agriculture]  shall  keep  in  his  office  a  complete  record  of  all  acts 
done  by  him  and  a  record  of  all  prosecutions  for  violation  of  the 
provisions  of  this  act,  and  the  reports  of  the  various  sealers  of 
weights  and  measures  appointed  under  the  provisions  of  this  act, 
which  records  and  reports  shall  always  be  open  to  the  public. 

Sec.  16  (al915).  Office  of  sealer  of  weights  and  measures  created;  com- 
pensation; term;  deputies;  failure  of  legislative  body  to  appoint;  cost  of 
copies. — The  office  of  sealer  of  weights  and  measures  is  hereby  created. 
Whenever  in  this  act  the  term  "  sealer  "  is  used,  the  same  shall  be 


CALIFORNIA  99 

taken  to  mean  and  refer  to  sealer  of  weights  and  measures.  Within 
one  hundred  and  twenty  days  after  the  approval  of  this  act  by  the 
governor,  it  shall  be  the  duty  of  the  board  of  supervisors  of  each  of 
the  countries  of  the  State  except  as  hereinafter  provided,  to  appoint 
a  sealer  of  weights  and  measures  for  their  respective  counties;  said 
sealer  shall  receive  as  compensation  the  sum  of  five  dollars  per  day 
for  each  day  actually  employed  in  the  service  of  the  county,  to  be 
audited  and  paid  as  other  claims  against  the  county.  He  shall  be 
allowed  his  traveling  expenses  actually  and  necessarily  incurred  in 
the  performance  of  his  duties.  The  term  of  office  of  such  sealer  of 
weights  and  measures  shall  be  four  years,  but  he  shall  be  subject 
to  removal  at  the  will  of  such  board.  A  sealer  appointed  under  this 
act  may,  with  the  consent  of  the  board  of  supervisors  of  the  county 
appointing  him,  appoint  a  deputy  or  deputies  when  necessary  or 
expedient  to  carry  out  the  provisions  of  this  act.  The  compensation 
of  such  deputies  shall  be  the  same  as  the  county  sealer  and  paid  in 
the  same  manner.  Such  deputies  shall  always  be  subject  to  removal 
by  the  sealer  of  weights  and  measures.  In  case  the  legislative  body 
of  any  county  or  city  and  county  shall  not  appoint  a  sealer  for  such 
county  or  city  and  county  within  thirty  days  after  written  request 
for  such  appointment  by  the  State  superintendent  [department  of 
agriculture],  is  received,  said  State  superintendent  shall  assign  as 
soon  as  practicable  a  deputy  superintendent  who  shall  perform  all 
the  duties  of  sealer  in  such  county  or  city  and  county  as  provided  in 
this  act  to  be  performed  by  county  or  city  sealers  and  to  provide 
copies  of  the  original  standards  of  weights  and  measures  for  use  by 
said  deputy  in  such  county.  The  actual  cost  of  such  services  shall 
be  paid  by  the  county  in  the  same  manner  in  which  other  claims 
against  the  county  are  paid.  The  amount  to  be  paid  shall  be  at  the 
rate  of  one  hundred  and  fifty  dollars  per  month  for  the  time  such 
deputy  superintendent  is  employed  in  such  county  in  addition  to 
the  actual  traveling  expenses  of  such  deputy  made  necessary  by  such 
appointment.  The  county  shall  also  stand  its  proportionate  share  of 
the  actual  cost  of  the  set  of  copies  to  be  used  in  such  county  by  such 
deputy,  at  the  rate  of  one-twelfth  of  the  cost  thereof  for  every 
month  such  copies  are  employed  therein  during  the  first  year  of  their 
use,  and  in  that  event  such  county  may  at  any  time  pay  the  balance 
of  the  cost  of  such  copies  and  become  the  owner  thereof,  or  the 
county  may  pay  rental  to  the  State  for  the  use  of  such  copies  at  the 
rate  of  ten  per  cent  per  annum  of  the  cost  price  thereof. 

Sec.  17,  as  amended  by  Stats,  and  Amendments,  1921,  ch.  39,  p.  41. 
Appointment  of  sealers;  compensation;  traveling  expenses;  term;  in  coun- 
ties of  second  class  with  charters ;  in  counties  of  third  class ;  appointment 
of  deputies  in  certain  counties  by  State  superintendent. — The  legislative 
body  of  any  county  or  consolidated  city  and  county  of  the  first  to 
the  thirty-fifth  classes,  both  inclusive,  and  the  legislative  body  of 
any  city  or  town  may  appoint  a  sealer  of  weights  and  measures,  fix 
his  compensation  and  provide  for  the  appointment  by  the  sealer 
of  such  number  of  deputies  as  the  said  legislative  bodies  may  deem 
necessary  and  expedient.  Such  sealer  shall  receive  as  compensation 
the  sum  of  one  hundred  fifty  dollar  per  month,  or  at  the  rate  of 
one  hundred  fifty  dollars  per  month  for  each  month  or  part  thereof 
actually  employed  in  the  service  of  such  county,  or  city  and  county, 


100  LAWS   CONCEBNING  WEIGHTS  AND   MEASURES 

or  city  and  town.  He  shall  be  allowed  his  traveling  expenses  achi- 
ally  and  necessarily  incurred  in  the  performance  of  his  duties;  and 
such  deputies  shall  each  receive  as  compensation  the  sum  of  five 
dollars  per  day  for  each  day  actually  employed  in  the  service  of 
such  county,  or  city  and  county,  or  city  and  town.  They  shall  be 
allowed  their  traveling  expenses  actually  and  necessarily  incurred 
in  the  performance  of  their  duties.  The  term  of  office  of  sealer  of 
weights  and  measures  appointed  under  the  provisons  of  this  section 
shall  be  four  years.  He  shall  be  subject  to  removal  by  the  power 
appointing  him.  Deputies  appointed  under  the  provisions  of  this 
section  by  a  sealer  of  a  county,  city  and  county,  or  city,  or  town, 
shall  be  subject  to  removal  by  the  sealer. 

In  counties  of  the  second  class  whose  charters  provide  for  a  de- 
partment of  weights  and  measures,  the  appointment  of  a  sealer  and 
deputies,  the  number  of  such  deputies  and  the  term  of  office  thereof 
shall  be  as  provided  in  said  charter:  Provided,  That  the  sealer  shall 
receive  for  compensation  the  sum  of  three  thousand  dollars  per  an- 
num, and  one  deputy,  to  be  known  as  chief  deputy,  shall  receive  as 
compensation  the  sum  of  two  thousand  four  hundred  dollars  per 
annum.  Deputies  shall  receive  as  compensation  the  sum  of  one 
thousand  eight  hundred  dollars  per  annum,  each  payable  in  the 
same  manner  as  the  salaries  of  other  county  officers  are  paid.  In 
counties  of  the  third  class  the  sealer  shall  receive  as  compensation  the 
sum  of  three  thousand  dollars  per  annum,  and  deputies  shall 
each  receive  as  compensation  the  sum  of  two  thousand  dollars 
per  annum,  payable  in  the  same  manner  as  the  salaries  of  other 
county  officers  are  paid. 

In  all  counties  other  than  those  of  the  first  to  the  thirty-fifth 
classes,  both  inclusive,  no  county  sealer  or  deputies  shall  be  appointed 
by  the  legislative  body  thereof,  but  the  State  superintendent  of 
weights  and  measures  [department  of  agriculture]  shall  assign  to 
such  counties,  or  groups  of  such  counties,  such  deputy  superin- 
tendents as  may  be  necessary,  but  not  more  than  one  to  each  of  such 
counties.  Such  deputies  shall  have  jurisdiction  over  such  county, 
or  group  of  counties,  as  the  State  superintendent  [department  of 
agriculture]  may  designate,  except  within  the  territorial  limits  of 
those  cities  and  towns  within  which  sealers  have  been  appointed 
under  the  provisions  of  this  act.  They  shall  have  all  the  powers 
and  perform  the  duties  of  a  sealer  of  weights  and  measures.  They 
shall  be  paid  by  the  county  wherein  employed,  five  dollars  a  day  for 
each  day  employed  therein,  which  shall  not  exceed  one  hundred 
and  twenty  days  in  any  one  county  in  any  one  year,  and  they  shall 
also  receive  from  such  county  their  actual  traveling  expenses.  The 
terms  of  office  of  all  sealers  and  deputy  sealers  in  all  counties  other 
than  those  of  the  first  to  the  thirty-fifth  classes,  both  inclusive, 
shall  terminate  when  this  section  becomes  effective. 

Sec.  18  (1913).  Jurisdiction  of  sealers. — The  jurisdiction  of  a  sealer 
appointed  or  a  deputy  State  sealer  employed  for  a  county  shall 
extend  over  the  entire  territorial  limits  of  the  county  appointing 
such  sealer,  except  within  the  territorial  limits  of  those  cities  and 
towns  within  which  sealers  have  been  appointed  under  the  pro- 
visions of  this  act.  The  jurisdiction  of  the  sealer  of  weights  and 
measures  appointed  by  the  legislative  body  of  any  city  or  town 


CALIFORNIA  101 

under  the  provisions  of- this  act  shall  extend  over  the  entire  terri- 
torial limits  of  such  city  or  town. 

Sec.  19.  Sealers  appointed  heretofore  not  affected. — This  act  shall  not 
affect  the  appointment  of  any  sealer  of  weights  and  measures  here- 
tofore appointed  for  any  city,  town  or  city  and  county  under  any 
law,  but  such  sealers  shall  perform  the  duties  of  the  office  under  the 
provisions  of  this  act,  and  shall  possess  the  same  powers  and  duties 
as  sealers  appointed  under  the  provisions  of  this  act. 

Sec.  20.  Copies  of  standards  for  counties,  etc. — Except  as  herein  other- 
wise provided  the  board  of  supervisors  or  legislative  body  of  each 
county,  city,  town  and  city  and  county  of  the  State  shall,  upon  the 
appointment  of  a  sealer  under  the  provisions  of  this  act,  provide  and 
procure  for  their  respective  county,  city,  town  and  city  and  county, 
copies  of  the  State's  standards  of  weights  and  measures  at  the  ex- 
pense of  such  county,  city,  town  or  city  and  county;  such  copies 
shall  be  verified  and  certified  to  by  the  State  superintendent  of 
weights  and  measures  [department  of  agriculture]  as  in  section  eight 
of  this  act  provided. 

Sec.  21.  Copies  to  be  tested. — Sealers  appointed  under  the  provisions 
of  this  act  shall,  at  least  every  two  years,  cause  to  be  proved  and 
tested  by  the  State  superintendent  [department  of  agriculture] 
copies  of  the  State's  standards  in  their  possession.  If,  upon  such 
inspection,  or  any  inspection  by  the  State  superintendent  [depart- 
ment of  agriculture],  the  copies  of  the  weights  and  measures  tested 
shall  be  found  to  be  incorrect,  the  same  shall  be  adjusted,  if  the 
same  are  susceptible  of  being  adjusted,  but  if  not,  new  copies  shall 
be  procured  and  certified  to  in  the  same  manner  as  original  copies. 

Sec.  22.  Copies  deemed  correct. — In  any  prosecution  for  a  violation 
of  any  of  the  provisions  of  this  act  any  copy  of  the  standards  of 
weights  and  measures  of  the  State  furnished,  procured  and  certified 
to  under  the  provisions  of  this  act,  shall  be  admitted  in  evidence 
upon  the  trial,  and  such  copy  shall  be  deemed  prima  facie  true  and 
correct. 

Sec.  23.  Duties  of  sealers. — It  shall  be  the  duty  of  any  sealer  of 
weights  and  measures  to  carefully  preserve  all  copies  of  the  stand- 
ards of  weights  and  measures  in  his  possession,  and  to  keep  the  same 
in  a  safe  and  suitable  place  when  not  actually  in  use ;  and  it  shall  be 
his  duty  annually  and  at  such  other  times  as  the  State  superintend- 
ent [department  of  agriculture]  may  require  to  file  with  such  super- 
intendent [department  of  agriculture]  a  written  report  of  the 
work  done  by  him  of  the  weights,  measures,  weighing  and  measur- 
ing instruments  inspected  or  tested  by  him  and  of  the  result  of 
such  inspection,  of  all  prosecutions  instituted  by  him  for  violations 
of  the  provisions  of  this  act  and  of  all  other  matters  and  things  per- 
taining to  his  duties  or  which  may  be  required  by  the  State  super- 
intendent [department  of  agriculture]. 

Sec.  24.  Dealers  in  weighing  and  measuring  instruments  to  have  same 
tested. — Every  person  using  or  keeping  for  use  or  having  or  offering 
for  sale  weights,  scales,  beams,  measures  of  every  kind,  instruments 
or  mechanical  devices  for  weighing  oi  measurement,  and  tools,  ap- 
pliances and  accessories  connected  with  any  or  all  of  such  instru- 
ments or  measures  within  a  county,  city,  town,  or  city  and  county 
in  which  there  has  been  appointed  a  sealer  under  the  provisions  of 


102  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

this  act,  shall  within  three  months  after  the  appointment  of  such 
sealer  cause  all  such  weights,  scales,  beams,  measures  of  every  kind, 
instruments  or  mechanical  device  for  weighing  or  measurement,  and 
tools,  appliances  and  accessories  connected  with  any  or  all  such  in- 
struments or  measures  to  be  sealed  and  marked  by  the  sealer  of 
weights  and  measures  of  the  county,  city,  town  or  city  and  county  in 
which  the  same  are  used,  kept  for  use  or  kept  or  offered  for  sale. 

Sec.  25.  Instruments  must  be  tested  before  sale. — No  weight,  scale, 
beam,  measure  of  any  kind,  instrument  or  mechanical  device  for 
weighing  or  measurement,  nor  tools,  appliances  or  accessories  con- 
nected with  any  or  all  of  such  instruments  or  measures  shall  be  used, 
kept  for  use,  sold,  offered  for  sale  or  kept  for  sale  in  any  county, 
city,  town  or  city  and  county,  in  which  there  is  a  sealer  appointed 
under  the  provisions  of  this  act  and  in  which  for  three  months  there 
has  been  continuously  in  office  in  ^uch  county,  city,  town  or  city  and 
county  a  sealer,  unless  such  weight,  scale,  beam,  measure  of  any  kind, 
instrument  or  mechanical  device  for  weighing  or  measurement,  and 
tools,  appliances  and  accessories  connected  with  any  or  all  such  in- 
struments or  measures  shall  have  been  sealed  and  tested  as  in  this  act 
provided. 

Sec.  26.  Instruments  which  may  be  sold  and  used;  subject  to  inspec- 
tion.— When  any  weight,  scale,  beam,  measure  of  any  kind,  instru- 
ment or  mechanical  device  for  weighing  or  measurement,  and  tools, 
appliances  and  accessories  connected  with  any  or  all  such  instruments 
or  measurements  have  been  tested  and  found  correct  by  any  sealer 
appointed  under  the  provisions  of  this  act,  the  same  may  be  used, 
kept  for  use,  offered  for  sale,  sold,  or  kept  for  sale  within  any  county, 
city,  town  or  city  and  county  of  this  State  for  one  year  without  any 
further  test.  Any  weight,  scale,  beam,  measure  of  any  kind,  instru- 
ment or  mechanical  device  for  weighing  or  measurement,  and  tools, 
appliances  and  accessories  connected  with  any  or  all  such  instruments 
or  measures,  which  have  been  tested  and  sealed  and  certified  to  as 
correct  by  the  National  Bureau  of  Standards,  may  be  kept  for  sale, 
sold  or  offered  for  sale  without  being  first  tested  and  sealed  by  a 
sealer  as  in  this  act  provided.  But  all  such  weights,  scales,  beams, 
measures  of  any  kind,  instruments  or  mechanical  devices  for  weigh- 
ing or  measurement,  and  tools,  appliances  and  accessories  connected 
with  any  or  all  such  instruments  or  measures  shall  always  be  subject 
to  inspection  and  testing  as  herein  provided,  notwithstanding  that 
the  same  have  been  tested  and  sealed  either  by  a  sealer  appointed 
under  the  provisions  of  this  act  or  by  the  National  Bureau  of 
Standards. 

Sec.  27.  Testing  of  devices  which  must  be  assembled  before  use. — Any 
scale,  beam  or  mechanical  device  for  weighing  or  measuring,  which, 
after  being  sold  and  before  being  used  for  weighing  or  measuring 
it  is  necessary  to  assemble  or  set  up,  may  be  sold,  kept  for  sale,  or 
offered  for  sale  without  first  being  tested  and  sealed  as  in  this  act 
provided;  but  such  scale,  beam  or  mechanical  device  for  weighing 
or  measuring,  before  being  used  for  weighing  or  measuring  must  be 
tested  and  sealed  as  in  this  act  provided. 

Sec.  28.  Testing  upon  request  of  resident ;  testing  upon  request  of  firm, 
etc.,  using;  not  relieved  from  violation. — Upon  a  written  request  of  any 
resident  of  a  county,  city,  town  or  city  and  county,  in  which  there 


CALIFORNIA  103 

has  been  appointed  a  sealer  under  the  provisions  of  this  act,  there 
appearing  reasonable  ground  therefor,  the  sealer  for  such  county, 
city,  town  or  city  and  county  shall  test  or  cause  to  be  tested,  as  soon 
thereafter  as  is  practicable,  the  weights,  scales,  beams,  measures  of 
any  kind,  instruments  or  mechanical  devices  for  weighing  or  meas- 
urement, tools,  appliances  and  accessories  connected  with  any  or  all 
such  instruments  or  measurements  used  in  buying  or  selling  by  the 
person,  firm  or  corporation,  designated  in  such  request.  Upon  the 
written  request  of  any  person,  firm  or  corporation,  using,  having 
for  use,  selling,  keeping  or  offering  for  sale  any  weight,  scale,  beam, 
measure  of  any  kind  or  instrument  or  mechanical  device  for  weigh- 
ing or  measurement,  tools,  appliances  and  accessories  connected  with 
any  or  all  such  instruments  or  measures,  in  any  county,  city,  town, 
or  city  and  county  in  which  there  has  been  appointed  a  sealer  under 
the  provisions  of  this  act,  the  sealer  for  such  county,  city,  town  or 
city  and  county  shall  test  or  cause  to  be  tested,  as  soon  thereafter  as 
is  practicable,  the  weights,  scales,  beams,  measures  of  any  kind, 
instrument  or  mechanical  device  for  weighing  or  measurement,  tools, 
appliances  and  accessories  connected  with  any  or  all  such  instru- 
ments or  measures  belonging  to  or  used  by  such  person,  firm  or 
corporation;  but  such  written  request  shall  not  relieve  the  person, 
firm  or  corporation  making  it  from  any  violation  of  the  provisions 
of  this  act  or  of  the  responsibility  provided  in  this  act  for  using, 
keeping  for  use,  selling  or  offering  to  sell,  or  keeping  for  sale,  any 
false  weight,  scale,  beam,  measure  of  any  kind,  instrument  or  me- 
chanical device  for  weighing  or  measurement,  tools,  appliances  and 
accessories  connected  with  any  or  all  such  instruments  or  measures. 
Sec.  29.  Duties  of  sealers;  weigh  packages. — The  sealer  shall,  within 
his  county,  city,  town  or  city  and  county,  inspect,  try,  test  all 
weights,  scales,  beams,  measures  of  any  kind,  instruments  or  me- 
chanical devices  for  weighing  or  measurements,  and  tools,  appliances 
and  accessories  connected  with  any  or  all  such  instruments  or  meas- 
ures, kept  for  the  purpose  of  sale,  sold,  or  used  by  any  proprietor, 
agent,  lessee  or  employee  in  proving  the  size,  quantity,  extent,  area, 
weight  or  measurement  of  quantities,  things,  produce,  articles  for 
distribution  or  consumption,  purchased  or  offered  or  submitted  by 
such  person  or  persons  for  sale,  hire  or  award  and  ascertain  if  the 
same  are  correct;  and  he  shall  have  the  power  to  and  shall,  from 
time  to  time,  weigh  or  measure  packages  or  amounts  of  commodities 
of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered  for  sale  or 
sold,  or  in  the  process  of  delivery,  in  order  to  determine  whether  the 
same  contain  the  quantity  or  amount  represented  and  whether  they 
are  being  offered  for  sale  or  sold  in  accordance  with  law  and  may 
seize  for  use  as  evidence  any  such  amounts  of  commodities  or 
package  or  packages  which  shall  be  found  to  contain  a  less  amount 
than  that  represented.  He  shall,  at  least  once  in  each  year,  or  as 
much  oftener  as  he  deems  necessary,  see  that  the  weights,  measures 
and  all  weighing  and  measuring  apparatus,  used  in  his  county,  city, 
town,  or  city  and  county,  are  correct.  He  may,  for  the  purpose 
above  mentioned,  and  in  the  general  performance  of  his  duty,  with- 
out formal  warrant,  enter  or  go  into  or  upon,  any  stand,  place, 
building  or  premises  or  stop  any  vendor,  peddler,  junk  dealer,  driver 
of  a  coal  wagon,  ice  wagon  or  delivery  wagon  or  the  driver  of  any 


104  LAWS   CONCEBNING  WEIGHTS   AND  MEASURES 

wagon  containing  commodities  for  sale  or  delivery  and,  if  necessary, 
require  him  to  proceed  to  some  place  which  the  sealer  may  specify 
for  the  purpose  of  making  the  proper  tests. 

Sec.  30.  Violators  prosecuted. — Any  sealer  having  knowledge  of  a 
violation  of  any  of  the  provisions  of  this  act,  or  of  any  law  relating 
to  weights  and  measures  shall  cause  the  violator  to  be  prosecuted. 

Sec.  31.  Marking  weights  and  measures  tested,  etc.;  "out  of  order"; 
removal  of  tags  prohibited. — Whenever  a  sealer  compares  weights  and 
measures  or  weighing  or  measuring  instruments  and  finds  that  they 
correspond,  or  causes  them  to  correspond,  to  the  standards  in  his 
possession,  he  shall  seal  or  mark,  under  his  name,  such  weight  or 
measure  or  weighing  or  measuring  instrument  with  an  appropriate 
device  showing  that  the  weight  or  measure  or  weighing  or  measuring 
instrument  is  correct  and  the  date  of  the  inspection,  which  device 
shall  be  placed  so  as  to  be  easily  seen.  He  shall  condemn  and  seize 
and  may  destroy  incorrect  weights  and  measures  and  weighing  and 
measuring  instruments  which  in  his  best  judgment  are  not  susceptible 
of  repair,  but  any  weight,  measure  or  weighing  or  measuring  instru- 
ment which  shall  be  found  to  be  incorrect,  but  which  in  his  best 
judgment  is  susceptible  of  repair,  he  shall  cause  to  be  marked  with 
a  tag  or  other  suitable  device  with  the  words  "out  of  order."  The 
owners  or  users  of  any  weights  or  measures  or  weighing  or  measur- 
ing instruments  which  have  been  marked  "  out  of  order,"  as  in  this 
section  provided,  may  have  the  same  repaired  or  corrected  within 
thirty  days,  but  until  the  same  have  been  repaired  or  corrected  and 
tested  as  herein  provided  the  owners  or  users  thereof  may  neither  use 
nor  dispose  of  the  same  in  any  way,  but  shall  hold  the  same  at  the 
disposal  of  the  sealer.  When  the  same  have  been  repaired  or  cor- 
rected the  owner  or  user  thereof  shall  notify  the  sealer  and  the  sealer 
shall  again  test  and  prove  the  weight,  measure,  or  weighing  or 
measuring  instrument,  which  had  been  found  incorrect  and  marked 
as  in  this  section  provided,  and  until  such  weight,  measure,  or 
measuring  or  weighing  instrument  has  been  reinspected  by  the  sealer 
and  found  correct,  the  same  shall  not  be  used  or  in  any  way  disposed 
of  by  the  owner.  Any  person  who  removes  or  obliterates  any  tag  or 
device  placed  upon  any  weight,  measure,  or  weighing  or  measuring 
instrument  by  the  sealer  as  in  this  act  provided,  shall  be  guilty  of  a 
misdemeanor.  When  any  weight,  measure  or  weighing  or  measuring 
instrument  has  been  repaired  and  corrected,  as  in  this  act  provided, 
and  has  been  reinspected  and  found  correct  by  the  sealer  of  weights 
and  measures,  as  in  this  act  provided,  the  sealer  of  weights  and 
measures  shall  remove  the  tag  or  device  with  the  words  "out  of 
order,"  and  shall  seal  and  mark  such  weight,  measure,  or  weighing 
or  measuring  instrument  in  the  manner  provided  for  the  marking  of 
the  same  where  upon  inspection  they  are  found  correct. 

Sec.  32,  as  amended  by  Stats,  and  Amendments,  1917,  ch.  786,  p.  1650. 
Penalty  for  possessing  or  using  false  weights  and  measures. — Any  per- 
son who,  by  himself,  or  his  employee  or  agent,  or  as  the  employee 
or  agent  of  another,  shall  use,  in  the  buying  or  selling  of  any  com- 
modity, or  retain  in  his  possession  a  false  weight  or  measure  or 
weighing  or  measuring  instrument,  or  shall  offer  or  expose  for  sale, 
or  sell,  except  as  heretofore  specifically  allowed  in  section  twenty- 
seven  of  this  act,  or  use  or  retain  in  his  possession  any  weight  or 


CALIFORNIA  105 

measure  or  weighing  or  measuring  instrument  in  any  county,  city, 
town,  or  city  and  county  in  which  there  has  been  appointed  a  sealer 
of  weights  and  measures  in  accordance  with  the  provisions  of  this 
act,  which  has  not  been  sealed  by  a  sealer  within  one  year,  or  who 
shall  use  or  dispose  of  any  condemned  weight  or  measure,  or  weigh- 
ing or  measuring  instrument  contrary  to  law,  or  any  person  who, 
by  himself,  or  his  employee  or  agent,  or  as  the  employee  or  agent  of 
another,  shall  sell  or  offer  or  expose  for  sale  or  use  or  have  in  his 
possession  for  the  purpose  of  selling  or  using  any  device  or  instru- 
ment to  be  used  or  calculated  to  falsify  any  weight  or  measure,  and 
any  person  who,  by  himself,  or  his  employee  or  agent,  or  as  the 
employee  or  agent  of  another,  shall  sell  or  offer  or  expose  for  sale 
any  commodity,  produce,  article  or  thing  in  a  less  quantity  than  he 
represents  it  to  be  or  contain,  shall  be  guilty  of  a  misdemeanor. 
Possession  of  any  false  weight  or  measure  or  weighing  or  measuring 
instruments  or  records  thereof  shall  be  prima  facie  evidence  of  the 
fact  that  they  were  intended  to  be  used  in  the  violation  of  law. 

Sec.  32a,  as  enacted  by  Stats,  and  Amendments,  1917,  ch.  786,  p.  1650. 
Sale  of  commodities  at  other  than  net  weight,  etc.,  misdemeanor. — No 
person  shall  by  himself  or  his  employee  or  agent,  or  as  the  employee 
or  agent  of  another  sell  or  offer  or  expose  for  sale  any  commodity, 
produce,  article  or  thing  at,  by,  or  according  to  gross  weight  or 
measure,  or  at,  by,  as,  of,  or  according  to  any  weight,  measure  or 
count  which  is  greater  than  the  true  net  weight,  measure  or  count 
thereof,  or  which  is  less  than  the  standard  net  weight,  standard  net 
measure  or  standard  net  count,  including  tolerances,  as  such  stand- 
ards and  tolerances  are  now  or  may  hereafter  be  established  pursu- 
ant to  the  provisions  of  this  act.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 

Sec.  33  (1913).  Power  of  peace  officers. — The  State  superintendent 
[department  of  agriculture],  his  deputy,  all  sealers  and  their  depu- 
ties, in  the  performance  of  their  official  duties,  shall  have  the  same 
powers  as  are  possessed  by  peace  officers  of  this  State. 

Sec.  34.  Hindering  sealers. — Any  person  who  shall  hinder  or  obstruct 
in  any  way  the  State  superintendent  [department  of  agriculture]  or 
his  deputy,  or  a  sealer  or  his  deputy,  in  the  performance  of  their 
official  duties,  shall  be  guilty  of  a  misdemeanor. 

Sec.  35.  Refusing  to  exhibit  weights  and  measures. — Any  person  neg- 
lecting or  refusing  to  exhibit  any  weight,  measure,  or  weighing 
or  measuring  instrument  of  any  kind,  or  appliances  and  acces- 
sories connected  with  any  or  all  of  such  instruments  or  measures 
which  is  in  his  possession  or  under  his  control,  to  the  state  superin- 
tendent [department  of  agriculture],  or  his  deputy,  or  to  a  sealer  or 
his  deputy,  for  the  purpose  of  allowing  the  same  to  be  inspected  and 
examined  as  in  this  act  provided,  shall  be  guilty  of  a  misdemeanor. 

Sec.  36.  Refusing  to  exhibit  commodities. — Any  person,  who  by  him- 
self, or  his  employee  or  agent,  or  as  a  proprietor  or  manager,  shall 
refuse  to  exhibit  any  article,  commodity,  produce  or  anything  being 
sold  or  offered  for  sale  at  a  given  weight  or  quantity,  or  ordinarily 
so  sold,  to  the  State  superintendent  [department  of  agriculture], 
or  to  his  deputy,  or  to  a  sealer  or  his  deputy,  for  the  purpose  of 
allowing  the  same  to  be  tested  and  proved  as  to  the  quantity  con- 
tained therein  as  in  this  act  provided,  shall  be  guilty  of  a  misde- 
meanor. 


106  LAWS   CONCEBNING  WEIGHTS  AND  MEASURES 

Sec.  37.  Penalty  for  false  sealing. — Any  sealer  who  shall  seal  any 
weight,  measure,  balance  or  apparatus  before  first  testing  and  mak- 
ing the  same  conform  with  the  standards  of  the  State,  or  who  shall 
condemn  any  weight,  measure,  balance  or  apparatus  without  first 
testing  the  same,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  38.  Misdemeanor. — Any  person  violating  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor. 

Sec.  39.  "  Person." — The  word  "  person,"  as  used  in  this  act,  shall 
be  deemed  to  include  person,  firm  or  corporation. 

Sec.  40.  Duty  of  officers  of  corporations. — It  shall  be  the  duty  of  all 
officers,  directors  and  managers  of  corporations,  whose  respective 
corporations  use  or  keep  for  use,  sell  or  offer  for  sale,  any  weights, 
measures,  or  weighing  or  measuring  instruments  which  are  subject 
to  inspection  by  the  provisions  of  this  act,  to  comply  with  the  pro- 
visions of  this  act  on  behalf  of  their  respective  corporations;  and 
it  shall  be  the  duty  of  all  officers,  directors  and  managers  of  cor- 
porations, whose  respective  corporations  offer  for  sale  or  keep  for 
sale  any  commodity,  produce,  article  or  thing  which  is  subject  to 
inspection  by  the  provisions  of  this  act,  to  comply  therewith  on 
behalf  of  their  respective  corporations.  In  case  any  corporation 
shall  violate  any  of  the  provisions  of  this  act,  the  corporation  and 
the  officers  thereof  directly  concerned  with  the  act  or  acts  consti- 
tuting such  violation  shall  be  severally  guilty  of  a  misdemeanor. 

Sec.  41.  Sealing  by  State  superintendent. — Any  sealing  or  testing  of 
any  weight,  measure,  weighing  or  measuring  instrument  by  the 
State  superintendent  [department  of  agriculture]  or  his  deputy 
shall  have  the  same  force  and  effect  as  a  sealing  or  testing  by  a 
sealer  or  his  deputy. 

Sec.  43,  as  amended,  by  Stats,  and  Amendments,  1917,  ch.  786,  p.  1650. 
Title  of  act. — This  act  when  cited  or  amended  may  be  designated  as 
the  "  weights  and  measures  act." 

Stats,  and  Amendments,  1921,  ch.  704,  p.  1196. 

Section  1.  Standard  weights  for  loaves  of  bread;  small  loaf;  standard 
large  loaf;  tolerances;  twin  and  multiple  loaves. — All  loaves  of  bread 
made  or  procured  for  the  purpose  of  sale,  sold,  offered  or  exposed 
for  sale  in  the  State  of  California  shall  weigh,  six  hours  after 
baking,  not  less  than  sixteen  ounces  avoirdupois,  except  as  herein- 
after provided,  and  such  weight  shall  be  the  standard  weight  of  a 
small  loaf  in  the  State  of  California.  Bread  may  also  be  made  or 
procured  for  sale,  sold  or  offered  or  exposed  for  sale  in  twenty-foui 
ounce  loaves,  which  shall  be  known  as  a  standard  large  loaf ;  also,  in 
midtiples  of  the  standards  fixed  for  the  small  and  large  loaves  and 
no  other.  Commercial  tolerances  in  excess  are  hereby  fixed  for  small 
loaves  of  one  ounce  and  for  large  loaves  of  two  ounces,  and  there 
shall  be  no  tolerance  below  or  in  deficiency  of  the  fixed  standard 
weight.  Bread  commonly  known  as  "  twin  loaves "  or  multiple 
loaves  may  be  made  or  procured  for  the  purpose  of  sale,  sold,  offered 
or  exposed  for  sale,  providing  each  unit  of  such  "  twin  "  or  multiple 
loaf  conforms  to  the  standard  weights  as  herein  fixed.  The  com- 
mercial tolerance  fixed  for  small  loaf  shall  apply  to  each  unit  of  the 
"  twin  "  or  multiple  loaf. 

Sec.  2.  Penalty;  time  of  inspection. — Any  person,  firm  or  corporation 
who  shall  make  or  procure  for  the  purpose  of  sale,  sell,  offer  or 


CAIJFORNIA  .  107 

expose  for  sale  within  the  State  of  California  any  bread  in  loaves 
otherwise  than  herein  provided  for  or  in  conflict  with  the  standard 
weights  of  bread  when  baked  as  herein  fixed,  shall  be  guilty  of  a 
misdemeanor.  All  inspection  of  the  weight  of  bread  shall  be  made 
on  the  premises  of  the  maker  or  manufacturer  by  averaging  the 
weight  of  not  less  than  twenty  loaves  of  bread  of  any  one  unit  and 
such  average  weight  per  loaf  shall  not  be  less  than  the  minimum  or 
more  than  the  maximum  weight  herein  fixed  for  such  units. 

Sec.  3.  Exemption  of  crackers,  etc. — The  provisions  of  this  act  shall 
not  apply  to  crackers,  pretzels,  biscuits,  buns,  scones,  rolls  or  loaves 
of  fancy  bread  weighing  less  than  one-fourth  of  a  pound  avoirdupois 
or  to  what  is  commonly  known  as  "  stale  bread,"  sold  as  such,  pro- 
vided the  seller  shall,  at  the  time  of  sale,  expressly  state  to  the  buyer 
that  the  bread  so  sold  is  stale  bread. 

Sec.  4.  Enforcement. — The  enforcement  of  the  provisions  of  this 
act  shall  be  under  the  supervision  of  the  State  superintendent  of 
weights  and  measures  [department  of  agriculture]. 

Stats,  and  Amendments,  1915,  ch.  653,  p.  1288. 

Sec.  1,  as  amended  by  Stats,  and  Amendments,  1923,  ch.  150,  p.  310. 
Weighmaster's  bond;  fee;  seals. — All  persons,  firms,  corporations,  co- 
partners, or  individuals  engaged  in  the  business  of  public  weighing 
for  hire,  or  any  person,  firm,  or  corporation  who  shall  weigh  or 
measure  any  commodity,  produce,  or  article,  and  issue  therefor  a 
weight  certificate  which  shall  be  accepted  as  the  accurate  weight 
upon  which  the  purchase  or  sale  of  such  commodity,  produce,  or  ar- 
ticle is  based  shall  be  known  as  a  public  weighmaster,  and  shall  file  a 
bond  with  the  State  superintendent  of  weights  and  measures  [de- 
partment of  agriculture]  in  the  sum  of  one  thousand  dollars  for  the 
faithful  performance  of  his  duties,  and  shall  pay  a  license  fee  of  ten 
dollars  per  annum  to  the  State  superintendent  of  weights  and  meas- 
ures [department  of  agriculture]  and  shall  obtain  from  the  State 
superintendent  of  weights  and  measures  [department  of  agriculture] 
a  seal  for  the  stamping  of  weight  certificates  hereinafter  provided  for, 
which  shall  only  be  in  such  form  as  such  superintendent  [depart- 
ment of  agriculture]  may  prescribe. 

(a)  The  said  seals  shall  be  the  property  of  the  State  and  shall  be 
forfeited  and  returned  to  the  State  superintendent  of  weights  and 
measures  [department  of  agriculture]  upon  termination  of  the  per- 
formance of  the  duties  herein  prescribed  as  being  the  duties  of  a 
public  weighmaster.  Such  seal  shall  be  of  a  form  and  design  pre- 
scribed by  the  State  superintendent  [department  of  agriculture]  and 
furnished  by  him  at  the  expense  of  the  weighmaster.  Said  seal  shall 
be  a  recognized  authority  of  accuracy  when  applied  to  weight  cer- 
tificates. Nothing  in  this  act  contained  shall  be  construed  as  apply- 
ing to  persons  maintaining  scales  in  villages  or  country  districts  for 
weighing  farm  products  for  hire,  where  such  person  does  not  carry 
on  regularly  the  business  of  weighing  for  hire  and  any  person  so 
maintaining  any  such  scales  for  such  purpose  shall  not  be  construed 
to  be  a  "  public  weighmaster  "  within  the  meaning  of  this  act. 

Sec.  2.  Weight  certificates. — The  State  superintendent  [department 
of  agriculture]  shall  prescribe  a  form  of  weight  certificates  to  be 
used  by  all  public  weighmasters,  which  certificates  shall  be  known 
as  the  "state  certificate  of  weights  and  measures,"  and  shall  state 


108 


LAWS   CONCERNING   WEIGHTS  AND   MEASURES 


thereon  the  kind  of  product,  the  numher  of  units  of  the  same,  the 
date  of  receipt  of  the  product,  the  owner,  agent  or  consignee,  the  total 
weight  of  the  product,  the  vessel,  railroad,  team,  or  other  means  by 
which  the  product  was  received,  any  trade  or  other  mark  thereon, 
and  such  other  information  as  may  be  necessary  to  distinguish  or 
identify  the  product  from  a  like  kind.  No  certificate  other  than  the 
one  herein  prescribed  shall  be  used  by  public  weighmasters. 

Sec.  3.  Records. — All  public  weighmasters  shall  keep  and  preserve 
correct  and  accurate  records  of  all  public  weighings,  as  provided  by 
this  act,  which  records  shall  at  all  times  be  open  for  inspection  by 
the  State  superintendent  of  weights  and  measures  [department  of 
agriculture],  or  his  deputy. 

Sec.  4.  Accurate  and  correct  weight;  penalty  for  issuing  false  certifi- 
cate.— All  State  certificates  of  weights  and  measures  as  provided  by 
this  act,  shall  contain  the  accurate  and  correct  weight  of  any  and  all 
commodities  weighed  when  issued  by  the  public  weighmaster. 

(a)  Any  public  weighmaster  who  shall  issue  a  State  certificate 
of  weights  and  measures  giving  a  false  weight  or  measure  of  any 
article  or  commodity  weighed  or  measured  by  him,  or  his  representa- 
tive, to  any  person,  firm  or  corporation,  shall  be  guilty  of  a  misde- 
meanor, and  the  State  superintendent  [department  of  agriculture] 
may  direct  and  compel  the  return  to  him  of  the  State  seal,  or  de- 
clare his  bond  as  public  weighmaster  forfeited,  or  both. 

Sec.  5,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  348,  p.  723. 
Penalty  for  false  measurement,  etc. — Any  person,  firm,  corporation, 
who  shall  request  the  public  weighmaster,  or  any  person  employed 
by  him  to  weigh  any  product,  commodity,  or  article  falsely  or  incor- 
rectly, or  who  shall  request  a  false  or  incorrect  state  certificate  of 
weight  and  measure,  or  any  person  issuing  a  state  certificate  of 
weights  and  measures  who  is  not  a  public  weighmaster  as  provided 
for  in  this  act,  shall  be  guilty  of  a  misdemeanor. 

Sec.  6,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  348,  p.  723. 
Reweighing. — When  doubt  or  differences  arise  as  to  the  correctness 
of  the  net  or  gross  weight  of  any  amount  or  part  of  any  commodity, 
produce,  or  article  for  which  a  state  certificate  of  weights  and  meas- 
ures has  been  issued  by  a  public  weighmaster,  the  owner,  agent,  or  con- 
signee may,  upon  complaint  to  the  State  superintendent  of  weights 
and  measures  [department  of  agriculture] ,  or  his  deputy,  have  said 
amount  or  part  of  the  amount  of  any  commodity,  produce,  or  arti- 
cle, reweighed  by  the  State  superintendent  of  weights  and  measures 
[department  of  agriculture],  or  a  public  weighmaster  designated  by 
him,  upon  depositing  a  sufficient  sum  of  money  to  defray  the 
actual  cost  of  reweigh  with  the  State  superintendent  of  weights  and 
measures  [department  of  agriculture].  If,  on  reweighing,  a  differ- 
ence in  the  original  weight  is  discovered  as  the  result  of  fraud,  care- 
lessness, or  faulty  apparatus,  the  cost  of  reweighing  shall  be  borne 
by  the  public  weighmaster  responsible  for  the  issuance  of  such 
faulty  State  certificate  of  weights  and  measures.  All  public  weigh- 
masters employing  or  designating  any  person  to  act  for  them  as 
deputy  public  weighmaster,  shall  be  responsible  for  all  acts  per- 
formed by  such  person,  and  the  public  weighmaster  shall  forward 
to  the  State  superintendent  of  weights  and  measures  [department  of 
agriculture]  the  name  and  address  of  persons  so  appointed. 


CALIFORNIA  109 

Sec.  7,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  348,  p.  723. 
Lots  piled  separately;  net  weight. — All  amounts,  lots,  shipments,  or 
consignments  of  products,  after  having  been  weighed,  shall  be  piled 
or  stored  separately,  as  near  as  can  be,  or  in  some  manner  marked  in 
order  that  said  amounts,  lots,  shipments,  or  consignments  may  be 
distinguished  from  each  of  a  like  kind.  When  any  product  is  sold 
subject  to  public  weighmaster  weights,  such  weight  shall  be  the  true 
net  weight  of  the  product.  Net  weight  within  the  meaning  of  this 
act  shall  be  the  correct  or  actual  weight  of  the  commodity  excluding 
the  weight  of  the  container. 

Sec.  7a,  as  enacted  by  Stats,  and  Amendments,  1919,  ch.  348,  p.  723. 
Penalty. — Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor. 

Political  Code,  1915,  Deering,  ch.  8,  p.  766. 

Sec.  3209  (al915).  Standard  weights  and  measures  furnished  by  Gov- 
ernment; metric  system  may  be  used. — The  standard  weights  and 
measures  now  in  charge  of  the  State  superintendent  of  weights  and 
measures  being  the  same  that  were  furnished  to  this  State  by  the 
Government  of  the  United  States,  and  consisting  of  one  standard 
yard  measure;  one  set  of  standard  weights,  comprising  one  troy 
pound,  and  nine  avoirdupois  weights  of  one,  two,  three,  four,  five, 
ten,  twenty,  twenty-five,  and  fifty  pounds,  respectively;  one  set  of 
standard  troy  ounce  weights,  divided  decimally  from  ten  ounces 
to  the  one  ten-thousandth  of  an  ounce;  one  set  of  standard  liquid 
capacity  measures,  consisting  of  one  wine  gallon  of  two  hundred  and 
thirty-one  cubic  inches,  one  half-gallon,  one  quart,  one  pint,  and  one 
half- pint  measure;  and  one  standard  half -bushel,  containing  one 
thousand  and  seventy-five  cubic  inches  and  twenty-one  hundredths 
of  a  cubic  inch,  according  to  the  inch  hereby  adopted  as  the  stand- 
ard, are  the  common  standards  of  weights  and  measures  through- 
out the  State :  Provided,  however,  That  instead  of  using  the  com- 
mon standard  of  weights  and  measures  it  shall  be  lawful  through- 
out the  State  to  employ  the  weights  and  measures  of  the  metric 
system  authorized  by  the  Congress  of  the  United  States  of  America, 
and  no  contract  or  pleading  in  any  court  shall  be  deemed  invalid  or 
liable  to  objection  because  the  weights  and  measures  expressed  or 
referred  to  therein  are  weights  or  measures  of  the  metric  system. 

Sec.  3210  (1872).  Unit  of  extension.— The  standard  yard  is  the 
unit  or  standard  measure  of  length  and  surface  from  which  all  other 
measure  of  extension,  whether  lineal,  superficial,  or  solid,  are  de- 
rived and  ascertained. 

Sec.  3211.  Division  of  the  yard. — The  yard  is  divided  into  three 
equal  parts,  called  feet,  and  each  foot  into  twelve  equal  parts,  called 
inches;  for  measures  of  cloths  and  other  commodities  commonly 
sold  by  the  yard,  it  may  be  divided  into  halves,  quarters,  eighths, 
and  sixteenths. 

Sec.  3212.  Rod,  pole,  perch,  mile,  chain. — The  rod,  pole,  or  perch, 
contains  five  and  a  half  yards,  and  the  mile  one  thousand  seven 
hundred  and  sixty  yards;  the  chain  for  measuring  land  is  twenty- 
two  3Tards  long,  and  divided  into  one  hundred  equal  parts,  called 
links. 

Sec.  3213.  Acre. — The  acre  for  land  measure  must  be  measured 
horizontally,  and  contains  ten  square  chains,  and  is  equivalent  in 


110  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

area  to  a  rectangle  sixteen  rods  in  length  and  ten  in  breadth;  six 
hundred  and  forty  acres  being  contained  in  a  square  mile. 

See.  3214.  Units  of  weight. — The  standard  avoirdupois  and  troy 
weights  are  the  units  or  standards  of  weight  from  which  all  other 
weights  are  derived  and  ascertained. 

Sec.  3215  (al915).  Standard  weights. — The  avoirdupois  pound, 
which  bears  to  the  troy  pound  the  ratio  of  seven  thousand  to  five 
thousand  seven  hundred  and  sixty,  is  divided  into  sixteen  equal 
parts,  called  avoirdupois  ounces;  the  hundred  weight  consists  of 
one  hundred  avoirdupois  pounds,  and  twenty  hundred  weight  con- 
stitutes a  ton.  The  avoirdupois  ounce  is  divided  into  sixteen  equal 
parts  called  avoirdupois  drams.  The  troy  ounce  is  equal  to  the 
twelfth  part  of  the  troy  pound.  The  troy  pennyweight  is  equal 
to  the  twentieth  part  of  the  troy  ounce,  and  the  troy  grain  is  equal 
to  the  twenty-fourth  part  of  the  troy  pennyweight.  The  apothe- 
cary's pound  is  equal  to  the  troy  pound.  The  apothecary's  ounce 
is  equal  to  the  twelfth  part  of  the  apothecary's  pound.  The  apothe- 
cary's dram  is  equal  to  the  one-eighth  part  of  the  apothecary's 
ounce.  The  scruple  is  equal  to  the  one-third  part  of  the  apothe- 
cary's dram,  and  the  grain  is  equal  to  one-twentieth  of  the  scruple. 

See.  3216.  Liquid  measures. — The  standard  gallon  and  its  parts  are 
the  units  or  standards  of  capacity  for  liquids,  from  which  all  other 
measures  of  liquids  are  derived  and  ascertained.  The  liquid  quart 
is  equal  to  the  one-fourth  part  of  the  standard  gallon.  The  pint 
is  equal  to  the  one-eighth  part  of  the  gallon.  The  gill  is  equal 
to  the  one-fourth  part  of  the  pint.  The  fluid  ounce  is  equal  to 
the  one-sixteenth  part  of  the  pint.  The  fluid  dram  is  equal  to 
the  eighth  part  of  the  fluid  ounce,  and  the  minimum  is  equal  to 
the  sixtieth  part  of  the  fluid  dram. 

Sec.  3217  (1872).  Barrel,  hogshead. — The  barrel  is  equal  to  thirty- 
one  and  a  half  gallons,  and  two  barrels  constitute  a  hogshead. 

Sec.  3218.  Unit  of  measure  for  solids. — The  standard  half  bushel  is 
the  unit  or  standard  measure  of  capacity  for  substances  other  than 
liquids,  from  which  all  other  measures  of  such  substances  are  derived 
and  ascertained. 

Sec.  3219.  Division  of  half  bushel. — The  peck,  half  peck,  quarter 
peck,  quart,  and  pint  measures  for  measuring  commodities  other 
than  liquid  are  derived  from  the  half  bushel  by  successively  divid- 
ing that  measure  by  two. 

Sec.  3220.  Division  of  capacity  or  commodities;  construction. — The 
measures  of  capacity  for  coal,  ashes,  marl,  manure,  Indian  corn  in 
the  ear,  fruit,  and  roots  of  every  kind,  and  for  all  other  commodities 
commonly  sold  by  heap  measure,  are  the  half  bushel  and  its  mul- 
tiples and  subdivisions;  and  the  measures  used  to  measure  such 
commodities  must  be  made  cylindrical,  with  plane  and  even  bot- 
tom, and  must  be  of  the  following  diameters  from  outside  to  out- 
side: The  bushel,  nineteen  and  a  half  inches;  half  bushel,  fifteen 
and  a  half  inches,  and  the  peck,  twelve  and  a  third  inches. 

Sec.  3221.  Heap  measure. — All  commodities  sold  by  heap  measure 
must  be  duly  heaped  up  in  the  form  of  a  cone;  the  outside  of  the 
measure,  by  which  the  same  are  measured,  to  be  the  limit  of  the 
base  of  the  cone,  and  such  cone  to  be  as  high  as  the  article  will 
admit. 


CALIFORNIA  111 

Sec.  3222  (al915).  Contracts  to  be  construed  according  to  common 
standards. — Contracts  made  within  this  State  for  work  to  be  done 
or  for  anything  to  be  sold  or  delivered  by  weight  or  measure,  must 
be  construed  according  to  the  foregoing  common  standards,  known 
as  the  imperial  system  or  according  to  the  foregoing  authorized 
weights  and  measures  of  the  metric  system,  according  as  the  units 
of  one  system  or  the  other  system  are  used  or  referred  to  in  such 
contracts. 

Sec.  3223  (1872).  Weight  per  bushel. — Whenever  wheat,  rye,  Indian 
corn;  barley,  buckwheat,  or  oats,  are  sold  by  the  bushel,  and  no 
special  agreement  as  to  the  weight  or  measurement  is  made  by  the 
parties,  the  bushel  consists  of  sixty  pounds  of  wheat,  of  fifty-four 
pounds  of  rye,  of  fifty-two  pounds  of  Indian  corn,  of  fifty  pounds 
of  barley,  of  forty  pounds  of  buckwheat,  and  of  thirty-two  pounds 
of  oats. 

Penal  Code,  1915,  Deering,  ch.  12,  p.  248. 

Sec.  552  (1872).  False  weight  and  measure  denned. — A  false  weight 
or  measure  is  one  which  does  not  conform  to  the  standard  established 
by  the  laws  of  the  United  States  of  America. 

Sec.  553.  Using  false  weights  or  measures. — Every  person  who  uses 
any  weight  or  measure,  knowing  it  to  be  false,  by  which  use  another 
is  defrauded  or  otherwise  injured,  is  guilty  of  a  misdemeanor. 

Sec.  554.  Stamping  false  weight. — Every  person  who  knowingly 
marks  or  stamps  false  or  short  weight  or  measure,  or  false  tare,  on 
any  cask  or  package,  or  knowingly  sells,  or  offers  for  sale,  any  cask 
or  package  so  marked,  is  guilty  of  a  misdemeanor. 

Sec.  555  (1875-76).  Weight  by  the  ton  or  pound;  full  weight  re- 
quired.— In  all  sales  of  coal,  hay,  and  other  commodities,  usually 
sold  by  the  ton  or  fractional  parts  thereof,  the  seller  must  give  to  the 
purchaser  full  weight,  at  the  rate  of  two  thousand  pounds  to  the  ton ; 
and  in  all  sales  of  articles  which  are  sold  in  commerce  by  avoirdu- 
pois weight,  the  seller  must  give  to  the  purchaser  full  weight,  at  the 
rate  of  sixteen  ounces  to  the  pound;  and  any  person  violating  this 
section  is  guilty  of  a  misdemeanor. 

Sec.  556  (1915).  Sale  of  coal. — No  person  shall  willfully  or  know- 
ingly, with  intent  to  defraud,  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange,  coal  of  a  specific  name  or  kind  under  any  other 
name  or  description,  or  as  the  output  of  any  mine  other  than  the  mine 
of  which  it  is  the  product,  and  any  person  who  shall  violate  any  of 
the  provisions  of  this  section  is  guilty  of  a  misdemeanor. 

Penal  Code,  1915,  Deering,  p.  174. 

Sec.  381  (al874).  Penalty  for  putting  extraneous  substances  in  pack- 
ages sold  by  weight  to  increase  the  weight;  false  tare. — Every  person 
who,  in  putting  up  in  any  bag,  bale,  box,  barrel,  or  other  package, 
any  hops,  cotton,  wool,  grain,  hay,  or  other  goods  usually  sold  in 
bags,  bales,  boxes,  barrels,  or  packages  by  weight,  puts  in  or  conceals 
therein  anything  whatever,  for  the  purpose  of  increasing  the  weight 
of  such  bag,  bale,  box,  barrel,  or  package,  with  intent  thereby  to  sell 
the  goods  therein  or  to  enable  another  to  sell  the  same,  for  an 
increased  weight,  is  punishable  by  fine  of  not  less  than  twenty-five 
dollars  for  each  offense. 

517—26 8 


112  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Penal  Code,  1915,  Deering,  p.  736  (1893). 

Short-weight  butter. — Any  person  or  persons,  firm  or  corporation, 
who  offers  for  sale  roll-butter  not  of  full  weight  to  each  roll,  shall 
be  guilty  of  a  misdemeanor. 

Stats.,  1901,  ch.  222,  p.  660. 

Sec.  1  (1901).  Miner's  inch. — The  standard  miner's  inch  of  water 
shall  be  equivalent  or  equal  to  one  and  one-half  cubic  feet  of  water 
per  minute,  measured  through  any  aperture  or  orifice. 

Gen.  Laws,  1915,  Deering,  Act  4383,  p.  2119. 

Sec.  1  (1903).  Weighers  at  warehouses. — All  persons  now  engaged 
in  or  who  may  hereafter  engage  in  a  general  warehouse,  wharfinger 
or  storage  business  for  the  storage  of  grain  or  other  commodities, 
which  in  the  course  of  such  business  are  weighed,  shall,  before  they 
engaged  in  such  business,  or  within  sixty  days  after  the  appointment 
of  an  inspector  of  weights  as  provided  in  section  4  of  this  act, 
designate  in  writing  a  person  or  persons  as  weigher  or  weighers 
for  such  business  at  the  place  thereof,  and  the  person  or  persons  so 
designated  shall  thereupon,  and  before  they  shall  do  any  weighing 
for  such  business  subscribe,  before  an  officer  authorized  to  administer 
oaths,  the  following  oath  to  wit :     *     *     * 

Sec.  2.  Correct  scales. — All  persons  engaged  in  the  business  in  the 
foregoing  section  mentioned  shall  keep  for  and  use  in  such  business 
no  other  than  true  and  correct  scales  and  weights. 

:js  :J:  >£  3:  $  &     '  j: 

No  person,  excepting  the  person  or  persons  thus  designated  and 
subscribing  and  recording  such  oath  shall  do  any  of  the  weighing 
of  such  business. 

Sec.  3.  Correct  scales;  weights  to  conform  to  TJ.  S.  standard. — Every 
person  engaged  in  the  business  in  said  section  one  mentioned,  shail 
keep  and  use  therein  none  but  true  weights,  and  scales ;  said  weights 
must  conform  to  the  United  States  standard  of  weights. 

Sec.  4.  County  inspectors. — The  board  of  supervisors  of  the  re- 
spective counties  of  the  State  of  California,  hereby  are  authorized 
to  appoint  for  their  respective  counties  an  inspector  of  weights 
and  measures,  who  shall  hold  office  at  the  pleasure  of  said  board 
and  receive  such  compensation  as  each  board  may  allow,  and  whose 
duty  it  shall  be  from  time  to  time  to  test  and  examine  all  scales 
and  weights  kept  or  used  in  the  business  in  the  foregoing  sections 
mentioned,  and  report  all  violations  of  this  act  to  the  district  attor- 
ney of  such  county,  whose  duty  it  shall  be  to  prosecute  all  violations 
hereof. 

Sec.  5.  Misdemeanor. — Every  violation  of  this  act  shall  be  and  is 
punishable  as  a  misdemenor. 

Sec.  6.  Damages  for  short  weight. — Besides  the  prosecution  of  the 
criminal  actions  herein  provided  for,  every  person  defrauded  by 
false  or  incorrect  weighing  shall  be  entitled  to  recover  from  the 
person  owning  or  conducting  such  business  as  in  the  foregoing 
sections  mentioned,  in  any  court  of  competent  jurisdiction,  three 
times  the  amount  of  such  shortage  in  weight  of  the  grain  or  other 
commodity  so  delivered  or  taken  out  by  him. 


CALIFORNIA  113 

Gen.  Laws,  1915,  Deering,  Act  1971,  p.  801. 

Sec.  1  (al880).  logs,  standard  for  measuring. — There  shall  be  but 
one  standard  for  the  measurement  of  logs  throughout  this  State. 

Sec.  2.  Logs,  scale  for  measuring. — The  following  table,  known  as 
Spaulding's  table  for  the  measurement  of  logs,  is  hereby  made  the 
standard  and  table  for  the  measurement  of  logs  throughout  this 
State,    *    *    *.2 

Gen.  Laws,  1915,  Deering,  Act  2453,  p.  1205. 

Sec.  1  (1913).  Net  container  act. — This  act  shall  be  known  as  the 
net  container  act. 

Sec.  2.  Purpose  of  act. — This  act  is  designed  to  protect  purchasers 
of  any  commodity  within  its  provisions  against  deception  as  to  the 
quantity  or  amount  of  the  commodity  purchased,  and  as  against  the 
seller  shall  be  strictly  construed  with  a  view  to  effect  its  object. 

Sec.  3,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  104,  p.  145. 
Application  of  act. — The  provisions  of  this  act  shall  apply  to  food- 
stuffs and  stuffs  intended  to  be  used  or  prepared  for  use  as  food  or 
medicine  for  human  beings  and  shall  apply  to  any  commodity  when 
sold,  offered  or  exposed  for  sale  in  containers. 

Sec.  4.  Net  quantity  plainly  marked. — Whenever  any  of  the  com- 
modities within  the  provisions  of  this  act  are  sold,  or  offered  or  ex- 
posed for  sale,  in  containers,  the  net  quantity  of  the  contents  of 
the  container  shall  be  plainly  and  conspicuously  marked,  branded, 
or  otherwise  indicated  on  the  outside  or  top  thereof  or  on  a  label  or 
tag  attached  thereto. 

Sec.  5,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  104,  p.  145. 
Designation  of  quantity. — The  designation  of  the  quantity  of  the 
commodity  required  by  section  four  of  this  act  shall  be  in  terms  of 
weight,  measure  or  numerical  count,  subject  however  to  the  following 
provisions : 

(a)  The  quantity  of  the  contents  so  marked  shall  be  the  net  amount 
of  food  or  stuff  or  other  commodity  in  the  package  or  container. 

(&)  If  the  designation  is  by  weight  it  shall  be  in  terms  of  avoir- 
dupois pounds  and  ounces;  if  the  designation  is  in  liquid  measure 
it  shall  be  in  terms  of  the  United  States  gallon  of  two  hundred 
thirty-one  cubic  inches  and  its  customary  subdivisions,  i.  e.,  in 
gallons,  quarts,  pints?  or  fluid  ounces:  Provided,  That,  by  like 
method,  such  designations  may  be  in  terms  of  the  metric  system  of 
weight  or  measure. 

(c)  The  quantity  of  solids  shall  be  designated  in  terms  of  weight, 
and  of  fluids  in  terms  of  measure,  except  in  case  of  an  article  in 
respect  to  which  there  exists  a  definite  trade  custom;  in  such  case 
the  designation  shall  be  in  terms  of  weight,  or  measure,  or  numerical 
count,  in  accordance  with  such  custom. 

(d)  The  quantity  of  the  contents  shall  be  designated  in  terms  of 
weight  or  measure,  unless  the  container  be  marked  by  numerical 
count  and  such  numerical  count  gives  acurate  information  as  to  the 
quantity  of  the  food  or  other  commodity  in  the  package.  When 
designation  is  by  numerical  count  it  shall  be  in  English  words  or 
Arabic  numerals. 

a  The  table  has  been  omitted  on  account  of  Its  i?reat  length. 


114  LAWS   CONCEKNING   WEIGHTS  AND  MEASUEES 

(e)  The  quantity  of  the  contents  may  be  stated  in  terms  of  mini- 
mum weight,  minimum  measure  or  minimum  count,  but  in  such  cases 
the  destination  must  approximate  the  actual  quantity  and  there 
shall  be  no  tolerance  below  the  stated  minimum. 

(/)  The  quantity  of  viscous  or  semisolid  foods,  or  of  a  mixture 
of  solids  and  liquids,  may  be  stated  in  terms  of  weight  and  measure. 
When  products  are  packed  in  brine  or  other  preserving  fluids,  the 
weight  or  measure  of  such  brine  or  fluids  shall  not  be  included  in 
the  weight  or  measure  of  the  edible  or  commodity  indicated  on  the 
container. 

Sec.  6,  as  amended  by  Stats,  and  Amendments,  1915,  ch.  639,  p.  1263. 
Wherein  not  applicable. — The  provisions  of  this  act  shall  not  apply — 

(a)  To  any  sale  of  a  commodity  within  the  provisions  of  this 
act  when  such  sale  is  made  from  bulk  and  the  quantity  is  weighed, 
measured  or  counted  for  the  immediate  purpose  of  such  sale. 

(&)  To  a  sale  of  any  container  of  an  ornamental  or  symbolic  char- 
acter with  which  a  quantity  of  some  commodity  is  sold  as  merely 
incidental. 

(e)  To  a  sale  of  a  commodity  in  any  container  of  a  net  weight  of 
two  ounces  or  less,  or  of  a  commodity  in  any  container  of  a  measure 
of  two  fluid  ounces  or  less,  or  of  a  commodity  in  any  container  of  a 
numerical  count  of  six  or  less. 

(d)  To  the  sale  of  medicine,  when  prescribed  by  a  licensed  physi- 
cian, veterinarian  or  dentist;  or  to  medicinal  or  pharmaceutical 
preparations  or  mixtures  of  two  or  more  medicinal  substances. 

Sec.  7.  Discrepancy  due  to  unavoidable  shrinkage,  etc. — It  shall  not 
be  held  to  be  a  violation  of  the  provisions  of  this  act  when  a  com- 
modity in  a  container  is  sold,  or  offered  or  exposed  for  sale,  and  there 
is  a  discrepancy  between  the  actual  quantity  of  the  commodity  in 
said  container  and  the  net  quantity  of  the  contents  thereof  indicated 
on  the  container  as  herein  prescribed,  provided  such  discrepancy  is 
due  to  unavoidable  leakage,  shrinkage:  evaporation,  waste,  or  causes 
beyond  the  control  of  the  seller  acting  in  good  faith. 

Sec.  8.  Discrepancy  in  commodity  received  by  seller. — It  shall  not  be 
held  to  be  a  violation  of  the  provisions  of  this  act  when  a  commodit}^ 
in  a  container  is  sold,  or  offered  or  exposed  for  sale,  and  there  is  a  dis- 
crepancy between  the  actual  quantity  of  the  commodity  in  said  con- 
tainer and  the  net  quantity  of  the  contents  thereof  indicated  on  the 
container  as  herein  prescribed :  Provided,  That  the  seller  purchased 
said  commodity  in  said  container,  in  good  faith  relying  upon  the 
said  indication  of  the  net  contents  thereof,  and  sold  said  commodity 
in  said  container  without  altering  the  contents  thereof  or  the  indica- 
tion of  the  contents  thereof:  And  provided  further,  That  the  exemp- 
tion of  this  section  shall  not  apply  to  any  sale  unless  the  container 
had  the  name  of  a  packer,  manufacturer,  wholesaler,  or  jobber 
thereon  at  the  time  the  seller  purchased  it. 

Sec.  9.  "  Person." — The  term  "  person  "  used  in  this  act  shall  include 
every  person,  firm,  company,  copartnership,  society,  association  and 
corporation. 

Sec.  10,  as  amended  by  Stats,  and  Amendments,  1919,  ch.  104,  p.  145. 
Container  defined. — The  term  container  used  in  this  act  is  hereby 
defined  to  be  any  receptacle  or  carton  into  which  a  commodity  is 
packed,  or  any  wrappings  with  which  any  commodity  is  wrapped  or 
put  for  sale,  or  to  be  offered  or  exposed  for  sale.    No  containers, 


CALIFORNIA  115 

boxes,  or  baskets  wherein  food  products  or  other  commodities  are 
packed  shall  have  a  false  bottom,  or  be  so  constructed  as  to  facilitate 
the  perpetration  of  deception  or  fraud. 

Sec.  11.  Penalty.— Every  person,  who  by  himself  or  his  agent,  ser- 
vant or  employee  violates  or  causes  or  permits  to  be  violated  any  of 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  five  hundred  dollars,  or  shall  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment. 

Sec.  12  as  amended  by  Stats,  aad  Amendments,  1915,  ch.  639,  p.  1263. 
Repealed;  containers  complying  with  U.  S.  requirements;  enforcement. — 
All  acts  and  parts  of  acts  inconsistent  with  or  in  conflict  with  any 
of  the  provisions  of  this  act  are  hereby  repealed. 

(a)  It  shall  not  be  held  to  be  a  violation  of  the  provisions  of  this 
act  to  sell  or  offer  for  sale  any  commodity  contained  in  a  container 
which  complies  with  the  provisions  and  requirements  of  any  act  of 
Congress  or  the  opinions  and  regulations  as  issued  by  the  Secretary 
of  Agriculture  and  appertaining  to  net  weight  or  measure. 

(&)  The  enforcement  of  the  provisions  of  this  act  shall  be  under 
the  supervision  of  the  State  superintendent  of  weights  and  measures. 

Stats,  and  Amendments,  1925,  ch.  425,  p.  924. 

Sec.  4.  Granding  standards  and  regulations  for  eggs. — It  shall  be  the 
duty  of  the  State  board  of  health  to  establish  forthwith,  and  from 
time  to  time,  specific  grades  or  standards  of  quality  and  size  or  weight 
to  govern  the  sale  of  eggs  for  human  consumption,  as  permitted  by 
this  act,  and  to  make  rules  and  regulations  for  carrying  out  all  its 
provision;  Provided,  however,  That  such  grades  or  standards  or 
quality  shall  not  permit  the  sale  of  any  eggs  of  poorer  quality  than 
permitted  by  the  grading  standards  established  from  time  to  time  by 
the  United  States  Department  of  Agriculture,  bureau  of  agricultural 
economics.  All  rules,  regulations  and  standards  of  quality  and 
weight,  and  supplementary  changes  therein  as  provided  by  this  sec- 
tion, shall  be  filed  in  the  office  of  the  State  board  of  health  and  shall 
be  in  effect  60  days  after  such  filing. 

Sec.  5.  Notice  of  grade  and  size. — It  shall  be  unlawful  for  any  person 
to  sell,  or  offer  to  sell  or  expose  for  sale  to  a  consumer,  any  eggs 
other  than  those  of  his  own  production  intended  for  human  consump- 
tion without  notifying  by  suitable  sign  or  label  the  person  or  persons 
purchasing  or  intending  to  purchase  the  same  of  the  exact  grade  or 
quality  and  the  size  or  weight  of  such  eggs,  according  to  the  stand- 
ards prescribed  by  the  State  board  of  health. 

Sec.  6.  Seller's  invoice. — Every  person,  in  selling  eggs  to  a  retailer, 
shall  furnish  to  said  retailer  an  invoice  showing  the  exact  grade  or 
quality  and  the  size  or  weight  of  such  eggs  according  to  the  stand- 
ards prescribed  by  the  State  board  of  health.  A  copy  of  such  invoice 
shall  be  kept  on  file  by  the  person  selling  and  by  the  retailer  at  their 
respective  places  of  business  for  a  period  of  thirty  days,  and  shall  be 
available  for  inspection  at  all  reasonable  times  by  accredited  inspec- 
tors or  representatives  of  the  State  board  of  health. 

Sec.  7.  Effect  of  guaranty. — No  retailer  shall  be  prosecuted  under 
the  provisions  of  this  act  when  he  can  establish  a  guaranty  from  the 
person  from  whom  any  eggs  are  purchased,  to  the  effect  that  said 


116  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

eggs  at  the  time  of  such  purchase  conformed  to  the  grade  or  quality 
and  the  size  or  weight  as  stated  in  the  invoice :  Provided,  Said  eggs 
had  been  labeled  by  the  retailer  for  resale  in  accordance  with  the 
purchase  invoice :  And  provided,  further,  That  said  guaranty  shall 
not  exempt  from  prosecution  any  retailer  who  may  have  kept  the 
eggs,  covered  by  said  guaranty  for  such  time  after  their  purchase  or 
under  such  conditions  as  to  cause  said  eggs  to  deteriorate  into  a  lower 
grade  or  standard. 

Sec.  8.  Penalties. — Every  person  who  violates  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction for  the  first  offense  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars;  for  the  second 
offense  a  fine  of  not  less  than  fifty  dollars  nor  more  than  two  hun- 
dred dollars;  for  the  third  and  subsequent  offense  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  three  hundred  dollars 
or  by  imprisonment  in  the  county  jail  for  not  less  than  thirty  days 
nor  more  than  ninety  days.  All  fines  collected  for  violation  of  this 
act  shall  be  paid  to  the  county  treasurer  of  the  proper  county,  who 
shall  remit  the  same  to  the  State  treasurer  of  the  State  of  California 
and  said  moneys  shall  be  placed  to  the  credit  of  the  general  fund 
for  enforcement  of  this  act,  the  same  to  become  immediately  avail- 
able, and  to  be  paid  out  upon  the  presentment  of  vouchers  issued  by 
the  secretary  of  the  State  board  of  health. 

Sec.  9.  Effect  of  act. — This  act  and  each  section  and  subsection 
thereof  shall  take  precedence  over  all  acts  and  parts  of  acts  at  vari- 
ance or  conflicting  herewith  in  the  matter  of  quality  standards, 
grading,  classification  and  labeling  of  eggs  intended  for  human 
food. 

Stats,  and  Amendments,  1919,  ch.  355,  p.  750. 

Sec.  1.  "Baler"  and  "presser"  defined.— The  term  "baler"  or 
"  presser  "  as  referred  to  in  this  act  shall  mean  the  person,  firm, 
association,  or  corporation  owning  or  having  possession  of  or  oper- 
ating a  hay  press. 

Sec.  2.  Scales  to  be  tested  and  sealed. — Any  person  baling  hay  for 
compensation  shall  employ  scales  that  have  been  tested  and  sealed 
by  the  sealer  of  weights  and  measures  and  any  record  of  weight 
forming  the  basis  in  settlement  for  baling  hay  shall  be  the  true  net 
weight  of  the  baled  hay;  and  any  record  of  weight  forming  the 
basis  of  settlement  in  the  sale  or  purchase  of  baled  hay  shall  be 
the  true  net  weight  of  such  baled  hay. 

Sec.  3.  Falsely  increasing  weight. — No  baler  or  presser  of  hay  shall 
put  or  conceal  in  any  such  bale  of  hay  anything  whatever  for  the 
purpose  of  increasing  the  weight  of  such  bale  with  intent  to  defraud. 

Sec.  4.  Standard  weight. — Hay  when  sold,  offered,  or  exposed  for 
sale  shall  be  sold  by  avoirdupois  weight  and  a  ton  shall  consist  of 
two  thousand  pounds  net  weight:  Providing,  however,  That  hay 
may  be  sold  by  the  bale  in  which  case  the  net  weight  of  the  bale 
shall  be  indicated  on  a  tag  securely  fastened  to  the  bale. 

Sec.  5.  Broken  bales. — When  any  hay  is  shipped  by  a  common  car- 
rier in  bales  and  where  such  bales  become  broken,  the  approximate 
weight  of  such  broken  bales  shall  be  included  in  the  total  weight 
of  the  hay  shipped. 


CALIFORNIA  117 

Sec.  6.  Penalty. — Any  person,  firm  or  corporation,  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  or  more 
than  one  hundred  dollars. 

Stats,  and  Amendments,  1925,  ch.  350,  p.  625. 

Sec.  1.  Title  of  act. — This  act  shall  be  known,  and  for  any  and  all 
purposes  may  be  designated  and  referred  to,  as  "  the  California 
fruit  and  vegetable  standardization  act  of  1925." 

Sec.  2.  Standards  for  fruits,  nuts,  and  vegetables  established. — To 
promote  the  development  of  the  California  fresh  fruit,  nut  and 
vegetable  industry  and  to  prevent  deception  in  the  packing,  ship- 
ping or  sale  of  fruits,  nuts  and  vegetables  for  State  or  interstate 
shipment,  there  are  hereby  created  and  established  certain  stand- 
ards and  standard  packages  for  walnuts,  avocados,  apricots,  berries, 
cantaloupes,  cherries,  grapes,  melons,  oranges,  peaches,  pears,  plums, 
prunes,  quinces,  head  lettuce,  onions,  potatoes,  sweet  potatoes,  and 
tomatoes. 

Sec.  4.  Enforcement  of  act;  additional  grades  and  rules;  additional 
standard  packages ;  change  of  rules,  etc. — The  director  of  agriculture  is 
hereby  empowered,  through  his  duly  authorized  agents,  and  the 
county  horticultural  commissioners  of  each  county  of  the  State, 
their  deputies  and  inspectors,  to  enforce  all  the  provisions  of  this 
act.  The  director  of  agriculture  shall  have  supervision  and  control 
over  all  enforcing  officers  of  this  act  in  the  State  of  California.  The 
refusal  of  any  officer  to  carry  out  the  orders  and  directions  of  the 
director  of  agriculture  in  the  enforcement  of  this  act  shall  be  deemed 
neglect  of  duty.  The  director  of  agriculture  is  also  empowered  to 
establish  and  enforce  such  additional  grades  and  grading  rules  as 
may  be  deemed  necessary  on  fruits,  nuts,  and  vegetables,  which  shall 
not  conflict  with  any  provided  for  in  this  act,  after  a  thorough  inves- 
tigation has  been  made  of  the  needs  of  the  particular  fruit  or  vege- 
table for  which  grades  are  contemplated.  Such  grades  or  grading 
rules  must,  before  they  become  effective,  be  approved  in  one  or  more 
public  meetings  attended  by  representative  growers  and  shippers  of 
the  locality  interested  in  the  industry  affected.  Such  meetings  shall  be 
advertised  at  least  once  in  a  newspaper  published  in  that  locality 
one  week  or  more  prior  to  the  meetings ;  said  meetings  shall  be  pre- 
sided over  by  the  director  of  agriculture,  or  any  of  his  duly  author- 
ized agents,  and  shall,  in  so  far  as  possihle  and  practicable,  be  con- 
ducted at  such  place  or  places  that  can  be  conveniently  reached  by 
representatives  of  the  affected  industry.  In  like  manner  the  director 
of  agriculture  may  provide  for  standard  packages  other  than  those 
provided  for  in  section  seven  of  this  act.  Grades  and  grading  rules 
established  in  accordance  with  the  provisions  of  this  section  shall 
not  be  modified  during  the  current  shipping  season  of  the  fruits  or 
vegetables  for  which  such  grades  were  established  excepting  as  here- 
inafter provided,  nor  shall  standard  packages  be  changed  without 
two  years  notice  to  the  industry  involved.  On  receipt  of  a  written 
appeal  signed  by  at  least  twenty-five  representative  growers  and 
shippers  of  the  commodity  for  which  grades,  grading  rules  or  stand- 
ard packages  have  been  established  under  the  provisions  of  this  sec- 
tion, protesting  against  the  grades,  grading  rules  or  standard  pack- 


118 


LAWS   CONCERNING  WEIGHTS  AND   MEASURES 


ages  so  established,  the  director  of  agriculture  shall  call  a  hearing 
within  ten  days  after  the  receipt  of  such  an  appeal.  Due  notice 
shall  be  given  by  the  director  of  agriculture  to  all  interested  parties 
of  the  date  and  place  of  such  hearing  and  the  grades,  grading  rules 
or  standard  packages  established  shall  be  sustained,  modified,  or 
revoked  in  the  discretion  of  the  director  of  agriculture  on  the  basis 
of  the  evidence  presented.  If  such  grades,  grading  rules  or  standard 
packages  are  not  changed  or  modified  by  the  director  of  agriculture 
in  accordance  with  the  provisions  of  this  section  they  shall  continue 
to  be  in  full  force  and  effect.  Grades,  grading  rules  and  standard 
packages  established  under  the  provisions  of  this  section  shall  be  pro- 
mulgated by  the  director  of  agriculture,  published  in  one  or  more 
newspapers  and  farm  journals  of  general  circulation  in  the  State  of 
California.     *     *     * 

Sec.  6.  Definitions. — When  used  in  this  act  the  words  herein  men- 
tioned shall  be  defined  as  follows :  "  Packages  "  shall  mean  any  box, 
crate,  lug,  basket,  barrel,  drum,  sack,  or  other  container  used  for 
packing,  shipping  or  selling  fruits,  nuts  or  vegetables.  "  Pack, 
packing  or  packed,"  shall  mean  the  regular  compact  arrangement  of 
all  or  part  of  the  fruit  or  vegetables  in  any  container  or  subcontainer 
used  for  the  purpose  of  sale  or  transportation  for  sale.  "  Deceptive 
pack  "  shall  mean  any  package  of  fruits,  nuts  or  vegetables,  which 
has  in  the  outer  layer  or  the  exposed  surface  fruits,  nuts  or  vege- 
tables which  are  so  superior  in  quality,  size  or  condition  to  those  in 
the  interior  of  the  package,  or  the  unexposed  portion,  as  to  mate- 
rially misrepresent  the  entire  contents.  *  *  *  "  Container "  shall 
mean  any  box,  crate,  or  other  package  utilized  in  handling  nuts  or 
fresh  fruit  or  vegetables.  "  Subcontainer  "  shall  mean  any  basket  or 
other  receptacle  used  within  a  container.    *    *    * 

Sec.  7.  Standard  packages;  apricot,  plum  and  grape  basket;  berry  bas- 
kets; other  standard  containers;  lettuce  crates;  cantaloupe  crates. — 
Standard  packages  are  hereby  established  as  follows : 

(1)  Standard  apricot,  plum  and  grape  basket,  approximately 
eight  inches  square  on  top,  six  and  one-half  inches  on  bottom,  and 
four  inches  deep,  inside  measurements. 

(2)  Standard  berry  baskets,  dry  pint  containing  an  interior  capac- 
ity of  approximately  thirty-three  and  six-tenths  cubic  inches  and 
dry  one-half  pint  containing  interior  capacity  of  approximately 
sixteen  and  eight-tenths  cubic  inches:  Provided,  That  the  standard 
basket  for  strawberries  shall  be  the  dry  pint. 


Depth 

Width 

inside 

inside 

in  inches 

in  inches 

2M 

9 

3 

m 

4^ 

9 

2K 

nj4 

3 

ny2 

4 

ny2 

4^ 

UH 

4^ 

ny2 

4M 

uy2 

sy2 

ny2 

4 

13% 

Length 
outside 
in  inches 


(3) 
(4) 
(5) 

(6) 


(7) 


Standard  cherry  box 

Special  cherry  lug 

Standard  cherry  lug 

12-basket  cherry  crate 

Special  cherry  lug 

Peach  size  cherry  lug 

Standard  peach  box 

Standard  peach  box  or  half  pear  box 

Standard  peach  box 

Standard  pear  box 

Special  fruit  lug 


19M 
19% 
19M 
19H 

19M 
19% 
19^ 
19M 
19M 
19H 
17y2 


CALTFOBNIA 


119 


(8)  Special  fruit  lug  (No.  3) 

With  heavy  cleat  Q  of  an  inch  by  f£  of  an 
inch. 

(9)  Special  fruit  lug  (No.  2) 

With  heavy  cleat  {£  of  an   inch  by  fj  of  an 
inch. 

(10)  California  lug  box  (No.  1) 

Special  sawdust  pack  grape  lug 

Depth  inside  in  inches  not  less  than  7^  nor 
more  than  7%. 

(11)  Standard  crates 

Do 

Do 

(12)  Standard  grape  drum 

Containing  2,642  cubic  inches. 

(13)  Standard  grape  keg 

Containing  2,642  cubic  inches  minimum. 


Depth 

inside 

in  inches 


4M 
4M 

5M 


Width 

inside 

in  inches 


4Mj 

m\ 

14 


13% 


13M 


13M 
13M 


16 
16 
16 
153^ 


Length 

outside 

in  inches 


17^ 
17^ 


17J^ 
173^ 


17J^ 
17J^ 
17^ 


(14)  Standard  lettuce  crates,  depth,  inside  in  inches,  thirteen; 
width,  inside  in  inches,  eighteen;  length,  inside  in  inches,  not  less 
than  twenty-one  and  three-fourths;  length  outside  in  inches  not 
more  than  twenty-four  and  one-half. 

Inside  length  of  lettuce  crates  shall  be  considered  between  end 
slats,  excepting  that  if  flat  end  posts  wider  than  one  and  one-half 
inches  are  used,  the  inside  length  shall  be  considered  between  the 
posts. 

(15)  Standard  cantaloupe  crates,  twelve  inches  by  twelve  inches 
by  twenty-two  and  one-half  inches,  to  be  packed  with  thirty-six 
or  forty -five  cantaloupes;  four  inches  by  twelve  inches  by  twenty- 
two  and  one-half  inches,  to  be  packed  with  nine,  twelve  or  fifteen 
cantaloupes ;  eleven  inches  by  eleven  inches  by  twenty-two  and  one- 
half  inches,  to  be  packed  with  forty-five  or  fifty-four  cantaloupes; 
thirteen  inches  by  thirteen  inches  by  twenty -two  and  one-half  inches, 
to  be  packed  with  thirty-six  or  forty -five  cantaloupes ;  four  and  one- 
half  by  thirteen  and  one-half  by  twenty-two  and  one-half  inches, 
containing  nine,  twelve  or  fifteen  cantaloupes.  All  cantaloupe  packs 
other  than  those  provided  in  this  section  shall  be  conspicuously 
marked  in  letters  not  less  than  one-half  inches  in  height  "  irregular 
pack." 

Sec.  8.  Labels  on  containers;  walnut  sacks;  subcontainers ;  net  weight; 
"  face  and  fill." — All  containers  of  fruit  of  a  kind  specified  in  this  act, 
except  subcontainers,  when  packed,  and  of  walnuts  when  sacked  for 
shipment  or  sale,  shall  bear  upon  them  in  plain  sight  and  in  plain 
letters  on  the  outside  thereof  the  following:  Name  of  the  orchard 
or  place  where  the  same  was  produced,  with  the  post-office  address 
thereof  or  the  name  and  post-office  address  of  the  person,  firm, 
company  or  corporation,  or  organization  who  shall  have  first  packed 
or  authorized  the  packing  of  same,  or  the  name  under  which  such 
packer  shall  be  engaged  in  business,  together  with  the  post-office 
address  of  such  packer;  name  of  variety,  if  known,  and  when  not 
known  the  words  "  unknown  variety  " ;  net  weight,  excepting  oranges, 
and  the  approximate  number  of  fruits  in  the  container  or  subcon- 


120  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

tainer,  which  number  shall  be  within  four  of  the  true  count:  Pro- 
vided, That  in  lieu  of  the  approximate  number  of  fruits,  the  numeri- 
cal description  of  pack  may  be  used,  excepting  that  no  designation 
relative  to  number  or  count  shall  be  required  in  the  case  of  walnuts, 
grapes,  cherries,  or  berries :  And  provided  further,  That  no  container 
or  subcontainer  shall  have  less  than  the  minimum  stamped  thereon. 
When  two  or  more  varieties  are  packed  or  placed  in  a  container, 
they  shall  be  labeled  "  Mixed  varieties."  In  addition  to  the  other 
marks  required,  all  packages  of  walnuts  when  sacked  for  shipment 
or  sale,  shall  be  plainly  and  conspicuously  marked  in  letters  not 
less  than  one  and  one-half  inches  in  height,  in  the  English  language, 
with  the  name  of  the  State  or  of  the  foreign  country  where  the  nuts 
were  produced. 

All  containers  of  packed  vegetables  of  a  kind  specified  in  this  act, 
when  packed  or  offered  for  sale,  shall  bear  upon  them  in  plain  sight 
and  in  plain  letters  on  the  outside  thereof  the  following:  Name  of 
place  where  the  same  was  produced,  with  the  post-office  address 
thereof,  or  the  name  and  post-office  address  of  the  person,  firm,  com- 
pany or  corporation,  or  organization  who  shall  have  first  packed  or 
authorized  the  packing  of  same,  or  the  name  under  which  such 
packer  shall  be  engaged  in  business,  together  with  the  post-office 
address  of  such  packer;  and  in  the  case  of  tomatoes  the  net  weight. 
All  crates  of  lettuce,  in  addition  to  the  markings  required  above, 
shall  be  conspicuously  stamped  or  stenciled,  on  the  outside  thereof, 
in  figures  not  less  than  one-half  inch  in  height,  with  the  exact  number 
of  heads  contained  therein,  provided  that,  in  the  case  of  crates 
marked  "  irregular  pack,"  the  contents  may  vary  not  more  than  three 
heads  from  the  count  as  marked. 

Standard  or  other  containers  when  used  as  subcontainers  are  ex- 
empt from  the  provisions  regarding  marking,  when  the  container  in 
which  they  are  placed  is  marked  in  compliance  with  the  terms  of  this 
section.  No  containers  or  subcontainers  of  fruits,  nuts,  or  vegetables 
shall  bear  grade  or  other  designations  that  are  in  any  way  false  or 
misleading.  Nothing  in  this  act  shall  be  construed  to  conflict  with 
any  California  or  Federal  regulations  regarding  net  weight  mark- 
ings on  containers  or  subcontainers. 

Containers  in  which  the  fruit  in  the  top  layer  only  is  placed  in 
regular  compact  arrangement,  excepting  cherries,  berries,  and  grapes, 
shall  be  labeled  "  Face  and  fill  "  in  lieu  of  the  approximate  number 
of  fruits. 

Sec.  9.  Fresh  fruits  and  vegetables  to  be  sold  in  standard  containers. — 
All  fresh  fruits  and  vegetables  of  the  kinds  specified  in  this  act, 
except  such  as  shall  be  used  in  the  manufacture  of  by-products,  when 
prepared  or  offered  for  sale  or  sold,  shall  be  packed  or  placed  in 
standard  containers,  which  are  hereby  established,  and  shall  conform 
to  all  provisions  of  this  act:  Provided,  That,  with  the  exception  of 
berries,  other  sized  containers  may  be  used  if  conspicuously  marked 
in  letters  not  less  than  one-half  inch  high  "Irregular  container": 
Provided,  further,  That  in  the  case  of  avocados,  oranges,  onions,  pota- 
toes, and  sweet  potatoes,  for  which  standard  packages  are  not  estab- 
lished in  this  act,  the  packages  used  shall  not  be  required  to  be 
marked  "  Irregular  container." 

Sec.  11.  Inspectors. — The  horticultural  commissioner  of  each  county, 
his   deputy    and    inspectors,    shall   be,   by    virtue   of   their    office, 


CALJFORNIA  121 

inspectors  of  fruits,  nuts,  and  vegetables  under  this  act  in  their 
respective  counties. 

Sec.  12.  Powers  and  duties  of  enforcing  officers. — All  enforcing 
officers  under  the  provisions  of  this  act  shall  have  power  to  enter 
and  to  inspect  every  place  within  the  county  for  which  they  have 
been  appointed  where  any  fruits,  nuts  or  vegetables  are  produced, 
stored,  packed,  shipped,  delivered  for  shipment,  offered  for  sale  or 
sold,  and  to  inspect  such  places  and  all  such  fruits,  nuts  and  vege- 
tables and  the  containers  thereof  and  equipment  found  in  any  such 
places,  or  when  being  transported.  It  shall  be  the  duty  of  all  enforc- 
ing officers  mentioned  in  this  act,  to  carry  out  the  provisions  of  this 
act  in  their  respective  districts,  and  to  cause  the  prosecution  of  any 
person,  firm,  corporation  or  organization,  whom  they  know  or  have 
reason  to  believe  to  be  guilty  of  the  violation  of  any  of  its  provisions. 
Any  enforcing  officer  in  the  performance  of  his  duties  shall  have  the 
same  powers  possessed  by  peace  officers  of  the  city,  county,  or  State, 
and  shall  have  the  right  while  exercising  such  police  powers  to  seize 
and  hold  as  evidence  part  or  all  of  any  pack,  load,  consignment  or 
shipment  of  fresh  fruits,  nuts  or  vegetables  packed,  shipped,  de- 
livered for  shipment,  offered  for  sale  or  sold  in  violation  of  this  act, 
as  may  in  his  judgment  be  necessary  to  secure  the  conviction  of  the 
party  he  knows  or  believes  has  violated  or  is  violating  any  of  the 
provisions  of  this  act.  He  may  start  proceedings  in  any  court  of  the 
county,  or  city  and  county,  within  his  jurisdiction  to  secure  the  con- 
viction of  the  party  or  parties  who  have  violated  any  of  the  pro- 
visions of  this  act.  It  shall  be  the  duty  of  the  district  attorney  of 
said  county,  or  city  and  county,  in  which  any  violation  of  this  act 
may  occur,  to  prosecute  the  person,  firm,  company,  organization  or 
corporation  accused  of  such  violation  and  also,  at  the  request  of  the 
director  of  agriculture  or  his  duly  authorized  agents,  to  institute  and 
prosecute  such  action  as  may  be  authorized  under  the  provisions 
of  this  act. 

Sec.  14.  Penalties. — It  shall  be  unlawful  for  any  person,  firm,  com- 
pany, organization  or  corporation  to  pack  or  cause  to  be  packed  for 
sale  or  shipment,  import,  sell,  offer  for  sale,  or  deliver  for  shipment 
any  of  the  fresh  fruits,  nuts  or  vegetables  specified  in  this  act  that  do 
not  conform  to  the  standards  herein  provided.  It  shall  also  be 
unlawful  to  prepare,  sell  or  offer  for  sale,  a  deceptive  pack  of  fresh 
fruits,  fresh  vegetables,  nuts,  dried  fruits  or  dried  vegetables,  or  to 
mislabel  any  package  of  such  fruits,  nuts  or  vegetables.  Any  per- 
son, firm,  company,  corporation  or  organization  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  to  be  guilty  of  a 
misdemeanor. 

Sec.  15.  Rules  by  director  of  agriculture. — The  director  of  agricul- 
ture is  empowered  to  define,  promulgate  and  enforce  such  rules  and 
regulations  as  may  be  deemed  necessary  to  carry  out  the  provisions 
of  this  act,  and  to  prescribe  the  limits  of  tolerance  within  which 
deviations  from  the  standard  dimensions  set  forth  in  section  seven 
shall  be  permitted. 
Stats,  and  Amendments,  1925,  ch.  58,  p.  131. 

Sec.  2.  Standard  grades;  standard  container;  irregular  container. — 
The  following  standard  grades  and  standard  box  are  hereby  estab- 


122  LAWS  CONCEENING  WEIGHTS  AND   MEASUBES 

lished  for  apples,  packed,  shipped,  delivered  for  shipment,  offered 
for  sale  or  sold,  in  the  State  of  California. 

******* 

(d)  The  standard  container  shall  be  a  box  of  the  following  dimen- 
sions, inside  measurements,  when  measured  without  distention  of 
parts :  Depth  of  end  ten  and  one-half  inches ;  width  of  end  eleven  and 
one-half  inches ;  length  of  box  eighteen  inches,  and  having  a  cubical 
content  of  as  nearly  as  possible  two  thousand  one  hundred  seventy- 
three  and  one-half  cubic  inches. 

(e)  All  packed  apples,  when  shipped,  offered  for  sale  or  sold, 
shall  be  placed  in  the  standard  box  herein  described :  Provided,  how- 
eve?'  That  other  size  containers  may  be  used  (except  where  the 
words  "  Extra  fancy  "  are  used  as  the  grade  designation)  if  con- 
spicuously marked  in  letters  not  less  than  one-half  inch  high  "  Irreg- 
ular container." 

Sec.  3.  Statement  on  container.— Every  packed  container  of  apples 
shipped,  delivered  for  shipment,  offered  for  sale  or  sold,  in  the  State 
of  California,  shall  bear  upon  the  outside  thereof,  and  on  the  end,  in 
plain  words  or  figures  and  in  the  English  language,  the  following : 
*  *  *;  the  number  of  apples  contained  in  the  package,  or  the 
minimum  net  weight  of  the  apples  contained  therein,  or  the  cubical 
contents  of  the  package  •  *  *  *  ^ie  name  an(j  business  address 
of  the  person,  firm,  company,  organization  or  corporation,  who  first 
packed  or  caused  the  same  to  be  packed,  and  if  repacked,  the  name 
and  business  address  of  the  person,  firm,  company,  organization  or 
corporation  who  repacked  the  same  or  caused  same  to  be  repacked; 
the  date  when  such  apples  were  first  packed,  or  if  repacked,  the  date 
of  repacking,  and  on  each  container  of  apples  which  have  been  held 
in  cold  storage  for  more  than  thirty  days  after  being  packed  a  state- 
ment showing  the  fact  that  the  contents  have  been  held  in  cold 
storage :  Provided,  however,  That  a  variation  of  five  apples,  more  or 
less,  than  the  number  stated,  shall  be  allowed. 

Stats,  and  Amendments,  1925,  ch.  421,  p.  907. 

Sec.  1.  Short  title. — This  act  shall  be  known  and  for  any  and  all  pur- 
poses may  be  designated  and  referred  to  as  the  "  California  canned 
fruit  standardization  act." 

Sec.  2.  Purpose  of  act. — To  promote  the  development  of  the  Cali- 
fornia fruit  industry  and  to  prevent  deception  in  the  packing,  ship- 
ping and  sale  of  canned  fruit,  there  are  hereby  created  and  established 
certain  standards  of  quality  and  size  and  requirements  for  marking 
of  the  varieties  of  canned  fruits  hereinafter  referred  to. 

Sec.  3.  Standard  sizes  of  cans. — For  the  purposes  of  this  act  the  fol- 
lowing are  hereby  declared  and  established  as  the  standard  sizes  of 
cans  for  canned  fruits  of  the  varieties  mentioned  in  this  act,  packed, 
shipped,  delivered  for  shipment,  offered  for  sale  or  sold  in  the  State 
of  California,  to  wit :  * 

(a)  Picnic,  which  is  hereby  defined  as  a  cylindrical  can  two  and 
eleven-sixteenth  inches  in  diameter  and  four  inches  in  altitude; 

(b)  No.  1  flat,  which  is  hereby  defined  as  a  cylindrical  can  four 
inches  in  diameter  and  two  and  three-eighth  inches  in  altitude; 

(c)  No.  1  tall,  which  is  hereby  defined  as  a  cylindrical  can  three 
inches  in  diameter  and  four  [and]  twenty-one  thirty-second  inches  in 
altitude ; 


CALIFORNIA  123 

(d)  No.  2  tall,  which  is  hereby  defined  as  a  cylindrical  can  three 
and  three-eighth  inches  in  diameter  and  four  and  fifteen  thirty- 
second  inches  in  altitude; 

(e)  No.  2y2  tall,  which  is  hereby  defined  as  a  cylindrical  can  four 
inches  in  diameter  and  four  and  eleven-sixteenth  inches  in  altitude; 

(/)  No.  10  tall,  which  is  hereby  defined  as  a  cylindrical  can  six 
and  one-eighth  inches  in  diameter  and  six  and  fifteen-sixteenth 
inches  in  altitude ; 

Stats,  and  Amendments,  1923,  ch.  254,  p.  509. 

Sec.  4.  Unlawful  sale,  etc.,  of  condensed  or  evaporated  skim  milk. — It 
shall  be  unlawful  for  any  person,  firm  or  corporation,  by  himself, 
his  servant  or  agent,  or  as  the  servant  or  agent  of  another,  to  sell  or 
exchange  or  expose  for  sale  or  exchange,  or  have  in  possession  with 
intent  to  sell  or  exchange,  any  condensed  or  evaporated  skim  milk  in 
containers  containing  less  than  ten  pounds  avoirdupois.  All  her- 
metically sealed  containers  containing  condensed  or  evaporated  skim 
milk  must  bear  the  name  and  address  of  the  manufacturer,  distinctly 
branded,  indented,  labeled  or  printed  thereon,  together  with  the 
words  "  Condensed  skim  milk  "  in  roman  letters  of  a  size  at  least  as 
large  as  any  other  words  or  letters  appearing  on  said  brand,  indenta- 
tion or  label. 

Stats,  and  Amendments,  1919,  ch.  327,  p.  551. 

Sec.  3.  Label  for  parcels. — Every  lot  or  parcel  of  commercial  feeding 
stuffs  sold,  offered  or  exposed  for  sale  or  distributed  within  this 
State  shall  have  affixed  thereto  a  tag  or  label,  in  a  conspicuous  place 
on  the  outside  thereof,  containing  legible  and  plainly  printed  state- 
ment in  the  English  language,  clearly  and  truly  certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel ; 

(b)  The  name,  brand  or  trade-mark ; 

(<?)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market.     *     *     * 

Gen.  Laws,  1915,  Deering  Act  473,  p.  139. 

Sec.  4  (1911).  Liquid  gallon  measure  for  milk. — No  person,  firm  or 
corporation  shall  hereafter  sell,  offer  for  sale,  or  receive  for  the  pur- 
pose of  sale,  any  milk,  skim  milk  or  cream,  except  such  sale,  offer,  or 
receipt,  shall,  as  to  quantity,  be  based  upon  the  liquid  gallon,  con- 
taining two  hundred  and  thirty-one  cubic  inches,  or  the  liquid  quart 
containing  fifty-seven  and  seventy-five  one  hundredths  cubic  inches, 
or  the  proper  and  complete  liquid  subdivision  thereof:  Provided, 
That  nothing  in  this  act  shall  be  construed  as  prohibiting  the  buying 
or  selling  of  milk  or  cream  either  by  weight  or  on  the  basis  of  its 
butter  fat  contents:  And  provided,  further,  That  in  any  hotel,  res- 
taurant, or  other  eating  place,  where  milk  is  sold  with  meals,  or 
where  it  is  sold  to  be  drunk  immediately,  it  may  be  sold  by  the  glass. 

Sec.  5  (al915).  Butter  must  be  sold  in  terms  of  pounds. — *  *  *  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  sell,  offer 
for  sale,  or  to  cause  or  permit  to  be  sold  or  offered  for  sale,  any  but- 
ter in  prints  or  packages  or  otherwise  other  than  by  or  in  terms  of 
pounds  and  ounces,  avoirdupois,  or  for  a  greater  weight  than  the  true 
net  weight  thereof. 


124  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

Stats,  and  Amendments,  1921,  ch.  608,  p.  1043. 

Sec.  3.  Mattresses  must  be  labeled. — No  person  or  corporation,  by 
himself,  or  his  agents,  servants,  or  employees,  shall  directly  or  in- 
directly, at  wholesale  or  retail,  or  otherwise,  sell,  offer  for  sale, 
deliver,  or  consign,  or  have  in  his  possession  with  intent  to  sell, 
deliver  or  consign,  any  mattress  that  shall  not  be  plainly  and  indel- 
ibly stamped  or  printed  thereon,  or  upon  a  muslin  or  linen  tag,  not 
smaller  than  three  inches  square,  securely  sewed  to  the  covering 
thereof  a  statement,  in  the  English  language,  setting  forth  the  kind 
or  kinds  of  materials  used  in  filling  the  said  mattress,  and  whether 
the  materials  are  in  whole  or  in  part,  new  or  old,  or  second-hand, 
or  shoddy,  and  the  name  and  address  of  the  manufacturer  or  vendor 
thereof,  or  both ;  also  the  quantity  of  such  materials  used,  expressed 
in  terms  of  avoidupois  weight ;  also  size  of  same,  expressed  in  linear 
measure,  clearly  indicating  the  length  and  breadth  thereof,  except 
that  tags  attached  to  comforters  need  state  only  the  percentage  of 
new  material  and  (or)  shoddy  material,  and  that  no  sizes  need  be 
marked  on  same. 

Sec.  11.  Form  of  label. — The  statement  required  under  section  three 
of  this  act  shall  be  the  following  form : 

MATERIALS   USED  IN  FILLING 

Percentage  of  kinds  of  materials 

Gross  weight  of  materials,  including  cover pounds 

Vendor 

Address 

This  article  is  made  in  compliance  with  the  act  of  the  State  of  California, 
approved  the day  of 

Sec.  13.  Unit  for  separate  offense. — The  unit  for  a  separate  and  dis- 
tinct offense  in  violation  of  this  act  shall  be  each  and  every  mattress 
made,  remade,  renovated,  sold,  offered  for  sale,  delivered,  consigned, 
or  possessed  with  intent  to  sell,  deliver  or  consign,  contrary  to  the 
provisions  hereof.  No  provisions  of  this  act  shall  apply  to  merchan- 
dise manufactured  for  use  and  sale  outside  of  the  State  of  California, 
excepting  section  two,  relating  to  the  sterilization  of  second-hand 
or  shoddy  materials. 

Sec.  15.  Enforcement. — The  enforcement  of  the  provisions  of  this 
act  shall  be  under  the  supervision  of  the  State  superintendent  of 
weights  and  measures. 


COLORADO 

Comp.  Laws,  1921,  ch.  71,  p.  1166. 

Sec.  4109  (1891).  Standard. — That  the  weights  and  measures  ac- 
cepted and  used  by  the  Government  of  the  United  States  at  the 
present  time,  except  as  hereinafter  provided,  shall  be  deemed  the 
lawful  standard  of  weights  and  measures  of  the  people  of  this 
State. 

Sec.  4110.  Ton. — The  ton  shall  be  twenty  hundred  pounds  weight, 
avoirdupois. 

Sec.  4111.  Weight  per  bushel;  bushel  for  charcoal;  perch  of  stone; 
perch  of  brickwork;  size  of  brick;  inch  of  water,  irrigation  measure;  inch 
of  water. — Sixty  pounds  of  wheat,  fifty-six  pounds  of  rye,  fifty-six 
pounds  of  Indian  corn,  seventy  pounds  of  corn  in  the  ear,  forty-eight 
pounds  of  barley,  thirty-two  pounds  of  oats,  sixty  pounds  of  pota- 
toes, sixty  pounds  of  beans,  sixty  pounds  of  clover  seed,  forty-five 
pounds  of  timothy  seed,  forty-four  pounds  of  hemp  seed,  fifty-two 
pounds  of  buckwheat,  fourteen  pounds  of  blue  grass  seed,  fifty 
pounds  of  corn  meal,  fifty-seven  pounds  of  onions,  eighty  pounds  of 
salt,  eighty  pounds  of  lime,  eighty  pounds  of  mineral  coal,  respec- 
tively, shall  be  the  standard  weight  of  a  bushel  of  each  of  the  fore- 
going articles ;  and  twenty -five  hundred  cubic  inches  of  charcoal  shall 
be  the  standard  measure  of  a  bushel ;  and  a  perch  of  stone  in  mason 
work  shall  be  considered  sixteen  and  one-half  cubic  feet;  and  for 
brick  work  measure,  when  laid  up  in  wall,  shall  be  counted  twenty- 
two  brick  per  cubic  foot  for  foot  wall,  and  fifteen  brick  for  what  is 
known  as  eight-inch  wall;  a  common  brick  to  be  eight  and  one-half 
inches  in  length,  four  and  one-quarter  inches  in  width,  and  two  and 
three-eights  inches  in  thickness;  and  water  sold  by  the  inch  by  any 
individual  or  corporation  shall  be  measured  as  follows,  to  wit :  Every 
inch  shall  be  considered  equal  to  an  inch  square  orifice  under  a  five- 
inch  pressure,  and  a  five-inch  pressure  shall  be  from  the  top  of  the 
orifice  of  the  box  put  into  the  banks  of  the  ditch,  to  the  surface  of 
water ;  said  boxes,  or  any  slot  or  aperture  through  which  such  water 
may  be  measured,  shall  in  all  cases  be  six  inches  perpendicular,  inside 
measurement,  except  boxes  delivering  less  than  twelve  inches,  which 
may  be  square,  with  or  without  slides;  all  slides  for  the  same  shall 
move  horizontally  and  not  otherwise ;  and  said  box  put  into  the  banks 
of  ditch  shall  have  a  descending  grade  from  the  water  in  ditch  of 
not  less  than  one-eighth  of  an  inch  to  the  foot. 

Sec.  4112.  Treasurer  to  procure  standard. — It  shall  be  the  duty  of  the 
treasurer  of  this  State  to  procure  as  soon  as  possible  from  the 
proper  department  of  the  Federal  Government,  all  necessary 
weights  and  measures  for  the  use  of  the  State,  and  as  soon  as  he 
shall  receive  them,  to  give  public  notice  through  two  or  more  news- 
papers, for  thirty  days,  to  each  and  every  board  of  county  com- 
missioners in  the  State,  to  obtain  copies  or  duplicates  of  said  weights 
and  measures. 

125 


126  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

Sec.  4113.  Dealers  to  compare  with  standard. — That  all  vendors  and 
traders  in  goods,  wares  and  merchandise,  gold  dust  and  other  arti- 
cles of  traffic  shall,  within  ninety  days  after  the  reception  of  the 
standards  by  said  commissioners,  have  their  balances,  weights  and 
measures  compared  with  said  standards  of  their  respective  counties, 
and  approved  and  marked  by  the  county  inspector,  and  if  the  same 
are  found  to  be  correct,  to  be  sealed  with  the  name  or  the  initial 
letters  of  the  county  inscribed  thereon,  or  condemned  by  him  if 
found  incorrect. 

Sec.  4114.  Appointment  of  inspector. — That  on  the  first  regular  meet- 
ing of  the  board  of  county  commissioners  in  each  county  in  this 
State,  after  the  passage  of  this  chapter,  and  thereafter  annually,  on 
the  first  regular  monthly  meeting  of  every  year,  said  county  com- 
missioners shall  appoint  a  fit  and  proper  person,  who  shall  be 
styled  inspector  of  weights  and  measures,  and  shall  give  bond  to 
the  county  for  the  faithful  performance  of  the  duties  of  his  office, 
as  said  commissioners  may  direct. 

Sec.  4115.  Fees  of  inspector. — That  each  county  board  shall  make 
out  a  list  of  fees  to  be  charged  by  said  inspector,  and  which  fees 
when  charged  shall  be  recoverable  in  any  court,  as  any  other  debt 
or  account  is  recovered. 

Sec.  4116.  Inspector's  tools. — That  it  shall  be  the  duty  of  each  county 
board,  as  aforesaid,  to  furnish  to  each  inspector  all  the  necessary 
tools,  marks  and  brands  which  he  may  require,  to  be  paid  for  out 
of  the  county  funds. 

Sec.  4117.  Wrongful  selling,  penalty. — All  persons,  for  the  purpose 
of  weighing  or  measuring  goods,  wares,  merchandise,  water  or 
other  articles  of  traffic,  actually  sold  by  him,  not  in  accordance  with 
this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  may  be  imprisoned  not  exceeding  one  year,  or 
fined  not  exceeding  one  thousand  dollars,  at  the  discretion  of  the 
court  in  which  the  conviction  shall  be  obtained. 

Sec.  4118.  Inspector's  duty. — Whenever  it  shall  come  to  the  knowl- 
edge of  the  inspector  that  any  person  within  his  county  has  violated 
any  of  the  provisions  of  this  chapter,  it  shall  be  his  duty  to  enter  a 
complaint  against  him  before  some  magistrate  having  jurisdiction  of 
the  offense  thereof,  to  the  end  that  the  offender  may  be  punished 
and  fined  according  to  this  law. 

Sec.  4119.  Fines  paid  into  county  treasury. — All  fines  imposed  and 
collected  for  violation  of  the  provisions  of  this  chapter  shall  be 
paid  into  the  county  treasury  for  the  use  of  the  people  of  the  county 
in  which  the  offense  was  committed. 

Sec.  4120  (1893).  Retailer  of  coal  or  coke  to  furnish  certificate. — All 
persons  retailing  coal  or  coke  in  cities  of  the  first  or  second  class,  and 
incorporated  towns,  whether  existing  under  special  charter  or  other- 
wise, shall  furnish  the  consignee  or  purchaser  of  coal  or  coke  to 
the  amount  of  one-quarter  (Vi)  of  a  ton  or  more,  a  certificate  of 
weight  signed  by  the  owner  or  agent  of  official  city  or  town  scales. 

Sec.  4121.  What  certificate  shall  state. — The  certificate  as  aforesaid 
shall  plainly  state  the  net  weight  of  the  wagon  or  cart  on  which  the 
coal  or  coke  is  loaded,  the  net  weight  of  the  coal  or  coke  on  the 
said  wagon  or  cart,  the  total  weight  of  the  coal  or  coke  and  wagon 
or  cart,  the  license  number  and  name  of  the  driver  delivering  the 


COLORADO  127 

coal  or  coke,  the  name  of  the  dealer,  the  name  of  the  weightmaster, 
and  the  street  number  of  the  location  of  the  scales  where  the  certifi- 
cate may  be  issued. 

Sec.  4122.  Penalty,  short  weight,  false  certificate. — Any  dealer  or 
driver  of  any  wagon  or  cart  delivering  coal  or  coke  without  the  offi- 
cial certificate  of  the  owner  or  agent  of  an  official  city  or  town  scales 
shall,  on  conviction,  be  fined  not  less  than  twenty  (20)  dollars  and 
not  over  one  hundred  (100)  dollars,  together  with  the  costs  of  suit, 
for  each  and  every  offense.  Any  driver  of  a  wagon  or  cart,  who 
may  be  found  delivering  coal  or  coke  of  a  less  weight  than  the  certifi- 
cate calls  for,  shall,  on  conviction,  be  fined  not  less  than  thirty  (30) 
dollars  or  confined  one  (1)  month  in  the  county  jail,  or  both,  at  the 
discretion  of  the  court,  together  with  the  costs  of  the  suit,  for  each 
and  every  offense.  Any  owner  or  agent  of  any  official  city  or  town 
scales  who  may  be  found  giving  a  false  certificate  of  the  weight  of 
any  coal  or  coke  to  be  delivered,  shall,  on  conviction,  be  fined  not 
less  than  fifty  (50)  dollars  and  not  more  than  one  hundred  (100) 
dollars,  together  with  costs  of  suit,  for  each  and  every  offense. 

Sec.  4123.  Justice  direct  district  attorney  to  prosecute. — It  shall  be  the 
duty  of  the  justice  of  the  peace,  to  whom  a  complaint  is  made,  of 
any  violation  of  this  act,  to  direct  the  district  attorney  in  his  dis- 
trict, to  institute  and  prosecute  any  and  all  suits  for  any  violation  of 
this  act. 

Sec.  4124.  Fines  paid  into  county  treasury. — All  suits  and  prosecu- 
tions for  a  violation  of  any  provisions  of  this  act  shall  be  in  the 
name  of  the  people  of  the  State  of  Colorado,  and  all  moneys  arising 
therefrom  shall  be  paid  into  the  county  treasury,  by  the  justice  of 
the  peace,  or  other  officer  collecting  the  same  in  the  county  where 
the  suit  is  brought. 

Sec.  4125  (1915).  Standard  container  for  small  fruits  and  berries;  sale 
of  other  unlawful;  when  container  must  be  marked  "Short  measure." — 
That  on  and  after  the  first  day  of  November,  1915,  A.  D.,  it  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  sell  or  offer  for  sale 
baskets  or  other  open  containers  for  small  fruits  or  berries,  filled  or 
unfilled,  within  the  State  of  Colorado,  which  shall  contain  when  even 
full  less  than  one  dry  quart  or  sixty-seven  and  two-tenths  (67.2) 
cubic  inches,  one  pint  which  shall  contain  when  even  full  less  than 
thirty-three  and  six-tenths  (33.6)  cubic  inches,  one-half  pint  which 
shall  contain  when  even  full  less  than  sixteen  and  eight-tenths  (16.8) 
cubic  inches,  or  multiples  of  the  dry  quart :  Provided,  That  nothing 
herein  contained  shall  prevent  the  sale  of  baskets  or  other  open  con- 
tainers for  small  fruits  or  berries,  filled  or  unfilled,  of  smaller  than 
the  above  sizes  if  the  basket  or  container  is  stamped  with  letters  at 
least  three-fourths  (%)  of  ap  inch  in  height,  "Short  measure"  on 
both  ends  or  both  sides,  and  also  stating  the  cubical  contents  of  such 
basket  or  other  open  container. 

Sec.  4126.  Unlawful  sale  of  container  a  misdemeanor. — That  any  per- 
son, firm  or  corporation  who  shall  violate  any  provision  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  for  each  offense  upon  con- 
viction thereof,  be  fined  not  to  exceed  one  hundred  (100)  dollars,  or 
sentenced  to  the  county  jail  for  not  more  than  twelve  (12)  months, 
either  or  both,  in  the  discretion  of  the  court. 

617—26 9 


128  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  4127.  District  attorney  prosecute  violations. — That  it  shall  be  the 
duty  of  each  district  attorney  within  the  State  of  Colorado  to  whom 
any  sealer  of  weights  and  measures,  or  other  officer  in  the  State,  shall 
present  satisfactory  evidence  of  any  violation  of  this  act,  to  cause 
appropriate  proceedings  to  be  commenced  and  prosecuted  in  a  court 
of  competent  jurisdiction,  for  the  enforcement  of  the  penalties  herein 
provided. 

Comp.  Laws,  1921,  ch.  153,  p.  1724. 

Sec.  6939  (1903).  False  weights,  penalty. — If  any  person  shall  know- 
ingly have,  keep  or  use  any  false  or  fraudulent  scales  or  weights 
for  weighing  gold  or  gold  dust  or  any  other  article  or  commodity, 
every  such  person  so  offending  shall,  on  conviction,  be  fined  not 
execeeding  five  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  exceeding  six  months. 

Sec.  6940.  False  weights  at  mill,  penalty. — If  any  person  shall  know- 
ingly sell  by  false  weights  or  measures,  or  shall  knowingly  use  false 
measures  at  any  mill,  in  taking  toll  for  grinding  corn,  wheat,  rye 
or  other  grain,  he  shall  be  deemed  a  common  cheat,  and  on  con- 
viction shall  be  fined  not  less  than  two  hundred  dollars  and  be 
imprisoned  in  the  county  jail  not  exceeding  three  months. 

Comp.  Laws,  1921,  ch.  53,  p.  1017. 

Sec.  3354°.  False  weights  or  scales. — Any  person,  association  or  cor- 
poration, or  the  agent  of  any  person,  association  or  corporation 
engaged  in  the  business  of  milling,  sampling,  concentrating,  reduc- 
ing, shipping  or  purchasing  ores,  as  aforesaid,  who  shall  keep  or 
use  any  false  or  fraudulent  scales  or  weights  for  weighing  ore, 
or  who  shall  keep  or  use  any  false  or  fraudulent  assay  scales  or 
weights  for  ascertaining  the  assay  value  of  ore,  knowing  them  to 
be  false,  every  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  one  thousand  (1,000)  dollars,  nor  less  than  one  hun- 
dred (100)  dollars,  or  imprisonment  not  more  than  one  year,  or 
both,  at  the  discretion  of  the  court. 

Comp.  Laws,  1921,  ch.  32,  p.  461. 

Sec.  1185  (1905).  Ton  of  coal  in  solid. — Any  person,  association, 
copartnership  or  corporation  leasing  and  operating  coal  lands  un- 
der the  provisions  of  this  act  shall  pay  to  the  deputy  register  of 
the  State  board  of  land  commissioners  a  minimum  price  of  not 
less  than  fifteen  (15)  cents  for  each  and  every  ton  of  coal  mined 
from  said  land  *  *  *'.  The  term  ton,  as  herein  used,  means 
twenty-seven  (27)  cubic  feet  of  coal,  measured  in  solid,  and  shall 
be  ascertained  by  the  measurements  of  the  space  from  which  the 
coal  is  mined,  deducting  therefrom  all  spaces  occupied  by  slate  or 
other  impurities.    *    *    * 

Comp.  Laws,  1921,  ch.  35,  p.  577. 

Sec.  1813  (1889).  Water  by  cubic  foot.— The  State  engineer  shall  use 
in  all  his  calculations,  measurements,  records  and  reports,  the  cubic 
foot  per  second  as  the  unit  of  measurement  of  flowing  water,  and 
the  cubic  foot  as  the  unit  of  measurement  of  volume. 


COLORADO  129 

Comp.  Laws,  1921,  ch.  173,  p.  2287. 

Sec.  8987  (al908).  Powers  of  city  council  and  board  of  trustees; 
meats — poultry — provisions;  bread;  public  scales;  coal  and  hay  to  be 
weighed,  when;  inspections — weights,  measures;  enforce  proper  measures 
and  weights;  auctioneers — scales — lumber  yards,  etc. — The  city  coun- 
cil and  board  of  trustees  in  towns  shall  have  the  following 
powers:     *     *     * 

Twenty-first.  To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Twenty-second.  To  regulate  the  sale  of  bread  in  the  city  or  town, 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Twenty-fourth.  To  provide  for  and  regulate  public  scales  and 
to  require  the  vendors  of  coal,  hay,  and  like  articles  of  merchandise, 
when  requested  so  to  do  by  the  purchaser  of  such  articles,  [to] 
weigh  the  same  upon  the  public  scales  before  delivering  the  same 
to  their  customer  or  vendees. 

Twenty-fifth.  To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Twenty-sixth.  To  enforce  the  keeping  and  use  of  proper  weights 

and  measures  by  vendors. 

Sixty-first.  To  tax,  license  and  regulate  *  *  *  public  scales, 
*     *     * 

Sec.  9005°.  Cities,  first  class,  15,000;  second,  10,000;  towns,  2,000  or 
less. — Every  municipal  corporation  having  a  population  of  fifteen 
thousand  and  upwards  shall  be  a  city  of  the  first  class ;  every  munici- 
pal corporation  having  a  population  exceeding  two  thousand,  and 
less  than  fifteen  thousand,  shall  be  a  city  of  the  second  class;  and 
every  municipal  corporation  having  a  population  of  two  thousand 
or  less  shall  be  deemed  an  incorporated  town. 

Sec.  9028  (al893).  Additional  powers  of  cities  of  the  first  class. — That 
the  city  council  in  cities  of  the  first  class  shall  have  the  following 
additional  powers,  to  wit:     *     *    * 

Fifth.  To  provide  for  the  inspection,  weighing  and  measuring 
of  lumber  and  other  building  material  and  for  the  measuring  of 
all  kinds  of  mechanical  work. 

Ninth.  To  provide  for  and  to  regulate  public  sales  and  to  require 
the  vendors  of  coal,  hay,  and  like  articles  of  merchandise,  when 
requested  so  to  do  by  the  purchasers  of  such  articles,  to  weigh  the 
same  upon  such  public  scales  before  delivering  the  same  to  their 
customers  or  vendees. 

Comp.  Laws,  1921,  ch.  55,  p.  1082. 

Sec.  3628  (1915).  Inspection  and  sealing  of  measuring  devices;  unlaw- 
ful to  tamper  with  seal ;  incorrect  device  prima  facie  evidence. — No  per- 
son, firm  or  corporation,  or  agent  or  employee  of  any  person,  firm 
or  corporation,  shall  use  any  mechanical  device  for  the  measure- 
ment of  oil  or  gasoline,  unless  the  same  has  been  sealed  as  correct 
and  the  sealing  approved  by  the  State  oil  inspector  or  his  deputies 
in  writing.  Any  person,  firm  or  corporation,  or  agent  or  employee 
of  any  person,  firm  or  corporation,  who  shall  change  or  in  any  way 
tamper  with  the  said  seal  shall  be  subject  to  the  penalties  herein- 


130  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

after  provided.  The  having  in  one's  possession  an  incorrect  meas- 
uring device  shall  be  deemed  to  be  prima  facie  evidence  of  a  viola- 
tion of  the  laws. 

Sec.  3629.  Unlawful  to  mislabel  paints,  etc. — Whoever  shall  expose 
for  sale,  or  sell  within  this  State,  any  paint,  varnish,  filler  or  stain 
which  is  labelled  or  marked  in  any  manner  so  as  to  tend  to  deceive 
the  purchaser  as  to  its  nature  or  composition,  or  which  is  not  accu- 
lately  labelled,  shall  be  guilty  of  a  misdemeanor  and  shall  be  subject 
to  tne  fines  and  penalties  as  hereinafter  provided. 

Sec.  3630.  "What  label  on  paints  shall  state. — The  label  required  by 
this  act  shall  clearly  and  distinctly  state  the  name  and  residence  of 
the  manufacturer  of  the  point,  varnish,  filler  or  stain,  or  the  dis- 
tributor thereof,  or  of  the  party  for  whom  the  same  is  manufactured, 
said  label  to  clearly  state  in  addition  to  the  before-mentioned  matter, 
the  quantity  contained  in  the  package;  this  in  the  case  of  liquid  or 
mixed  paints,  varnishes,  fillers,  or  stains  to  be  designated  in  United 
States  standard  gallons  or  fractions  thereof.  In  case  of  paste  or 
semipaste  paints,  such  as  are  commonly  sold  by  weight,  to  be  shown 
by  weight  avoirdupois.  Said  label  shall  be  printed  in  the  English 
language  in  plain,  legible  type. 

Comp.  laws,  1921,  ch.  30,  p.  436. 

Sec.  1002  (1907).  Misbranded  denned — article  deemed  misbranded. — 
*  *  *  Yov  the  purposes  of  this  act  an  article  shall  also  be  deemed 
to  be  misbranded :    *     *     * 

In  case  of  food ;    *    *    * 

Third.  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package.     *     *    * 

Comp.  Laws,  1921,  ch.  50,  p.  963. 

Sec.  3082  (1913).  Bricks,  prints,  rolls — size;  wrapped  and  sealed; 
stamped;  manner  of  fixing  seals;  original  packages;  retailer's  package 
branded;  brands  must  be  plainly  visible  at  time  sale;  color  of  ink  for 
trand;  violations;  fines. — No  such  substance  [oleomargarine]  shall 
hereafter  be  sold,  offered  for  sale,  or  exposed  for  sale  unless  it  be  put 
up  by  manufacturers  in  bricks,  prints,  or  rolls  or  one-half  of  one 
pound,  one,  two,  or  three  or  five  pounds,  and  in  no  other  larger  or 
smaller  sub-divisions.  Such  bricks,  prints  or  rolls  shall  be  wrapped 
and  sealed  and  upon  such  seal  shall  be  plainly  printed  the  name  and 
address  of  the  manufacturer  of  said  oleomargarine,  and  the  said 
package  shall  be  plainly  and  conspicuously  labeled  with  the  word 
"  Oleomargarine  "  in  Gothic  or  equally  conspicuous  letters  at  least 
three-eighths  of  an  inch  high.  Said  seals  shall  be  so  affixed  to  the 
one-half  of  one  pound,  one,  two,  three  and  five  pound  bricks,  prints 
or  rolls  as  to  seal  the  wrappers  thereof  so  that  such  wrappers  or 
cover  may  not  be  opened  without  destroying  the  seal  affixed  thereto. 
Said  bricks,  prints  or  rolls  may  be  packed  by  the  manufacturer  there- 
of in  wooden  or  other  packages  or  containers,  each  containing  not 
less  than  ten  pounds.  All  sales  made  by  manufacturers  of  oleomar- 
garine and  wholesale  dealers  in  oleomargarine  shall  be  in  the  original 
manufacturer's  packages,  as  described  above,  in  quantities  of  ten 
pounds  or  more  at  one  time.  Retail  dealers  in  oleomargarine  shall 
sell  only  from  the  manufacturer's  original  packages  and  in  the  manu- 


COLORADO  131 

facturer's  sealed,  subdivided  packages,  to-wit,  one-half  of  one  pound, 
one,  two,  three  or  five  pound  bricks,  prints  or  rolls,  and  in  quantities 
of  ten  pounds,  or  less,  at  one  time. 

Each  retailer's  wooden  or  paper  package  must  have  the  name  and 
address  of  the  dealer  printed  or  branded  thereon,  likewise  the  words 
"  Pound  "  and  "  Oleomargarine,"  in  letters  not  less  than  one-quarter 
of  an  inch  square,  and  the  quantity  written,  printed,  or  branded 
thereon  in  figures  of  the  same  size  (one-quarter  of  an  inch  square) , 
substantially  as  follows: 

1 

2 

3 

POUNDS 

OLEOMARGARINE. 

1.  Here  give  dealer's  name.    2.  Here  give  street  number.    3.  Here 
give  name  of  city  or  town. 

The  words  "  Oleomargarine  "  and  "  Pound,"  which  are  required 
to  be  printed  or  branded  on  retailers'  wooden  or  paper  packages,  in 
letters  not  less  than  one-quarter  of  an  inch  square,  and  the  quantity 
which  is  required  to  be  written,  printed,  or  branded  thereon  in  fig- 
ures of  like  size,  must  so  be  placed  as  to  be  plainly  visible  to  the  pur- 
chaser at  the  time  of  delivery  to  him.  Illegible  or  concealed  marks 
and  brands  are  not  those  contemplated  and  required  by  the  law  and 
regulations.  It  will  not  be  deemed  a  compliance  with  this  regula- 
tion if  the  word  "  Oleomargarine  "  and  the  other  required  words  and 
figures  shall  be  illegibly  branded  or  printed,  or  so  placed  as  to  be  con- 
cealed from  view,  by  being  on  the  inside  of  the  package,  or  by  fold- 
ing in  the  stamped  portion  of  the  paper  sheet  used  for  wrapping  or 
otherwise.  The  required  words  and  figures  must  be  placed,  and  no 
other  word  or  business  card  should  be  placed  in  such  juxtaposition 
thereto  as  to  divert  attention  from  the  fact  that  the  contents  of  the 
package  are  wholly  oleomargarine. 

The  color  of  the  ink  in  which  the  words  are  printed  must  be  in  the 
strongest  contrast  to  the  color  of  the  package.  Every  person,  com- 
pany or  corporation,  or  any  agent  of  any  company  or  corporation, 
who  violates  any  provision  of  this  act  or  who  sells  or  offers  for  sale, 
or  delivers,  or  offers  to  deliver  any  oleomargine  in  any  other  form 
of  package  than  as  above  described,  or  who  packs  in  any  package  any 
oleomargarine  in  any  manner  contrary  to  law,  or  who  falsely  brands 
any  package,  or  affixes  a  stamp  or  brand  on  any  package,  denoting 
that  it  contains  other  than  oleomargarine,  shall  be  fined  for  the  first 
offense  not  more  than  five  hundred  ($500)  dollars  and  shall  be  im- 
prisoned for  not  more  than  thirty  (30)  days  in  the  county  jail,  and 
for  a  second,  or  other  offense,  shall  be  fined  not  more  than  one  thou- 
sand ($1,000)  dollars  and  imprisonment  in  the  county  jail  for  one 
month  to  twelve  months,  in  the  discretion  of  the  court. 

Comp.  Laws,  1921,  ch.  50,  p.  963. 

Sec.  3078,  as  amended  by  Laws,  1923,  H.  B.  No.  323.  False  reading  of 
test  unlawful;  glassware;  inaccurate  glassware;  composite  sample;  Mc- 
Kay sampler;  reading  temperatures;  license. — It  shall  be  unlawful  for 


132  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

any  person,  or  persons  engaged  in  buying,  selling,  testing  or 
handling,  or  engaged  in  determining  the  value  of  milk,  cream  or 
other  dairy  products  by  the  use  of  the  Babcock  test,  to  give  by  him- 
self or  his  agent  anj^  false  reading  of  the  test  or  to  manipulate  the 
test  in  any  way  so  as  to  give  a  higher  or  lower  per  cent,  of  butterfat 
than  the  milk,  cream,  or  other  dairy  products  actually  contain,  or  to 
cause  any  inaccuracy  in  reading  the  per  cent  of  butterfat  by  secur- 
ing from  any  quantity  of  milk,  cream  or  other  dairy  products  to  be 
tested,  an  inaccurate  sample  for  the  test.  It  shall  be  unlawful  for 
any  persons  to  use  any  test  tube,  bottle,  pipette,  or  instrument  in  con- 
nection with  such  test,  which  is  not  perfectly  clean;  and  for  the 
purpose  of  this  act,  any  such  unclean  glassware  is  declared  to  be 
inaccurate. 

In  the  use  of  the  Babcock  test,  the  standard  milk  measure  or 
pipettes  shall  have  a  capacity  of  17.6  cubic  centimeters,  and  the 
standard  test  tubes  or  bottles  for  milk  shall  have  a  graduated 
capacity  of  two  cubic  centimeters  for  each  10  per  cent  marked  on  the 
necks  thereof;  cream  shall  be  tested  by  weight  and  the  standard 
unit  for  testing  shall  be  9  grams  or  18  grams,  and  it  shall  be  unlaw- 
ful to  use  any  other  standards  of  milk  or  cream  measure  in  creameries 
or  cheese  factories  or  any  other  place  where  milk  or  cream  is  purchased 
by  or  furnished  to  a  receiver  and  the  value  of  said  milk  or  cream 
is  determined  by  the  per  cent  of  butterfat  contained  in  the  same. 

It  shall  be  unlawful  for  any  manufacturer,  merchant,  dealer  or 
agen  to  offer  for  sale  or  to  sell  a  milk  pipette  or  measure,  test  tube, 
or  bottle  which  is  inaccurate  or  not  correctly  marked  or  graduated 
as  herein  described. 

In  sampling  cream  or  mill?:  from  which  composite  tests  are  to  be 
made,  to  determine  the  per  cent  of  butterfat  contained  therein,  no 
such  sample  or  sampling  shall  be  lawful  unless  a  sample  be  taken 
from  each  weighing  and  the  quantity  thus  used  shall  be  propor- 
tioned to  the  total  weight  of  the  cream  or  milk  sampled. 

It  is  hereby  required  in  making  tests  of  milk  or  cream  for  the 
purpose  of  determining  the  value  of  such  milk  or  cream  when 
bought,  or  sold,  that  the  milk  shall  be  poured  once  from  one  vessel 
to  another,  and  that  cream  shall  be  poured  from  one  vessel  to 
another  at  least  three  times  before  sampling,  unless  the  said  milk  or 
cream  is  thoroughly  stirred  and  sampled  by  the  "  McKay  "  sampler, 
or  some  other  recognized  sampler  that  will  secure  a  representative 
sample. 

All  tests  shall  be  maintained  in  a  water  bath  for  five  minutes  at 
a  temperature  between  120  degrees  and  130  degrees  F.  until  read. 
*  (Except  when  glymol  or  other  light  reading  oil  is  used  for  cream 
tests,  the  tests  shall  be  held  at  a  temperature  between  135  degrees  and 
140  degrees  F.  in  a  water  bath  for  five  minutes  until  read.)  All  oils 
used  in  reading  tests  shall  be  approved  by  the  State  dairy 
commissioner. 

It  shall  be  unlawful  after  the  passage  of  this  act,  for  any  person 
to  sample  or  test  milk,  cream,  or  other  dairy  products  for  the  pur- 
pose of  determining  the  value  of  such  products  when  bought  and 
sold  or  to  instruct  another  person  for  such  purpose  without  first 
having  a  license  granted  by  the  State  dairy  commissioner  and  such 
license  shall  be  conspicuously  displayed  in  his  place  of  business. 
This  license  shall  be  granted  to  those  who  phall  have  completed  a 


COLORADO  133 

course  in  milk  and  cream  testing  in  any  recognized  college  or  dairy 
school,  or  to  those  who  shall  pass  a  satisfactory  examination  under 
the  direction  of  the  State  dairy  commissioner;  and  beginning  July 
1,  1923,  payment  of  a  3rearly  fee  of  three  dollars  ($3.00)  shall  be 
required  and  the  license  shall  be  issued  for  the  period  of  one  year 
dating  July  first  next  preceding  actual  date  or  issue,  subject  to 
cancellation  by  the  State  dairy  commissioner  at  any  time  that  he 
shall  find  that  the  person  holding  said  permit  is  incompetent 
or  guilty  of  violating  any  of  the  provisions  of  this  Act.  All  testers 
licenses  in  force  June  30,  1923,  shall  become  null  and  void  upon 
that  date.     *     *     * 

Comp.  Laws,  1921,  ch.  46,  p.  917. 

Sec.  2942  (1913).  Standards  for  electricity,  gas,  and  water;  enter  and 
examine;  test  meters. —  (a)  The  commission  [the  public  utilities  com- 
mission] shall  have  power,  after  hearing  had  upon  its  own  motion 
or  upon  complaint,  to  ascertain  and  fix  just  and  reasonable  stand- 
ards, classifications,  regulations,  practices,  measurements  or  service 
to  be  furnished,  imposed,  observed  and  followed  by  all  electrical, 
gas,  and  water  public  utilities;  to  ascertain  and  fix  adequate  and 
serviceable  standards  for  the  measurement  of  quantity,  quality, 
pressure,  initial  voltage  or  other  condition  pertaining  to  the  supply 
of  the  product,  commodity  or  service  furnished  or  rendered  by  any 
such  public  utility;  to  prescribe  reasonable  regulations  for  the  ex- 
amination and  testing  of  such  product,  commodity  or  service  and 
for  the  measurement  thereof;  to  establish  reasonable  rules,  regula- 
tions, specifications  and  standards  to  secure  the  accuracy  of  all 
meters  and  appliances  for  measurement  and  weighing;  and  to  pro- 
vide for  the  examination  and  testing  of  any  and  all  appliances  used 
for  the  measurement  or  weighing  of  any  product,  commodity  or 
service  of  any  such  public  utility. 

(&)  The  commissioners  and  their  officers  and  employees  shall  have 
power  to  enter  upon  any  premises  occupied  by  any  public  utility,  for 
the  purpose  of  making  the  examinations  and  tests  and  exercising 
any  of  the  other  powers  provided  for  in  this  act,  and  to  set  up  and 
use  on  such  premises  any  apparatus  and  appliances  necessary  there- 
for. The  agents  and  employees  of  such  public  utility  shall  have  the 
right  to  be  present  at  the  making  of  such  examinations  and  tests. 

(c)  Any  consumer  or  user  of  any  product,  commodity  or  service 
of  a  public  utility  may  have  any  appliance  used  in  the  measurement 
thereof  tested  upon  paying  the  fees  fixed  by  the  commission.  The 
commission  shall  establish  and  fix  reasonable  fees  to  be  paid  for  test- 
ing such  appliances  on  the  request  of  the  consumer  or  user,  the  fee 
to  be  paid  by  the  consumer  or  user  at  the  time  of  his  request,  but  to 
be  paid  by  the  public  utility  and  repaid  to  the  consumer  or  user  if 
the  appliance  is  found  defective  or  incorrect  to  the  disadvantage  of 
the  consumer  or  user,  under  such  rules  and  regulations  as  may  be 
prescribed  by  the  commission. 

Comp.  Laws,  1921,  ch.  54,  p.  1052. 

Sec.  3549  (1913).  Scales,  inspection;  testing  weights  certified. — It 
shall  be  the  duty  of  every  corporation,  company  or  person  engaged 
in  the  business  of  mining  and  selling  bj'  weight,  to  procure  and  con- 
stantly keep  on  hand,  at  the  proper  place,  the  necessary  scales  and 


134  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

whatever  else  may  be  necessary  to  correctly  weigh  the  coal  mined  and 
taken  out  by  the  workmen  or  miners  of  such  corporation,  company 
or  person,  and  it  shall  be  the  duty  of  the  inspector  of  weights  and 
measures  of  each  county,  in  which  the  coal  is  mined  and  sold,  to  visit 
each  coal  mine  operated  therein,  once  each  year,  unless  oftener  re- 
quested by  the  owner  or  the  miners,  to  test  the  correctness  of  the 
scales.  If  in  any  county  there  is  no  inspector  of  weights  and  meas- 
ures, then  the  deputy  inspector  of  coal  mines  of  the  district  in  which 
the  mine  is  located,  shall  be  required  to  test  the  correctness  of  such 
scales  within  a  reasonable  time  after  application  is  made  by  either 
the  owner  or  the  miners.  All  weights  necessary  for  testing  and  ad- 
justing scales  shall  be  duly  certified  and  shali  be  provided  by  the 
owner. 

Sec.  3550.  Manner  of  weighing  coal ;  ton  for  coal  mined. — All  the  coal 
mined  shall  be  weighed  in  the  car  or  other  receptacle  in  which  it  is 
removed  from  the  mine  before  it  is  screened,  or  before  it  passes 
over,  or  is  dumped  upon  any  screen  or  any  other  device  which  may 
let,  or  be  capable  of  letting  a  portion  of  the  coal  drop  through  such 
screen  or  device,  and  the  miner  shall  be  paid  for  the  mining  of  such 
coal  according  to  the  weight  so  ascertained  at  such  price  per  ton  of 
two  thousand  pounds  as  may  be  agreed  upon  by  and  between  such 
owner  and  miner  or  miners  who  mine  the  same,  except  that  where 
coal  is  mined  from  pitching  veins,  the  miners  shall  be  paid  upon  a 
yardage  basis,  except  when  otherwise  agreed  to  between  owner  and 
miner. 

Sec.  3551.  Check  weigmnen. — Hereafter  at  each  coal  mine,  at  the 
option  of  the  majority  of  the  miners  working  therein,  there  shall  be 
employed  one  or  more  check  weighmen,  whose  wages  shall  be  paid 
by  the  miners  therein  employed;  said  check  weighman  shall  run  a 
coal  check  and  shall  deduct  a  sufficient  and  equal  amount  from  each 
ton  of  coal  weighed  to  guarantee  him  the  wages  agreed  upon  between 
said  check  weighman  and  said  miners ;  the  check  weighman  shall  be 
paid  by  the  owner  in  the  same  manner  and  at  the  same  rate  per  ton 
as  other  employees  running  coal  checks.  The  duties  of  such  check 
weighman  shall  be  to  see  that  all  coal  mined  in  the  mine  at  which 
he  is  employed,  is  correctly  weighed  and  accredited,  and  for  that 
purpose  every  such  aforesaid  owner  shall  give  to  such  check  weigh- 
man access  to  all  scales  and  weights  used  for  that  purpose  and  to  all 
books  wherein  the  weights  of  the  coal  mined  by  the  miners  of  said 
mines  are  recorded.  The  owner  shall  provide  a  convenient  and  suit- 
able office  on  the  tipple  for  weighing  coal,  which  said  office  shall  be 
kept  in  a  comfortable  and  sanitary  condition. 


CONNECTICUT 

Gen.  Stats.,  1918,  Vol.  1,  ch.  121,  p.  715. 

Sec.  2304  (1911).  Standard  of  weights  and  measures. — The  weights 
and  measures  received  from  the  United  States  under  a  resolution  of 
Congress  approved  June  14,  1836,  and  such  new  weights  and  meas- 
ures as  shall  be  received  from  the  United  States  as  standard  weights 
and  measures  in  addition  thereto  or  in  renewal  thereof,  and  such  as 
shall  be  supplied  by  the  State  in  conformity  therewith  and  certified 
by  the  National  Bureau  of  Standards,  shall  be  the  State  standards, 
by  which  all  county  and  municipal  standards  of  weights  and  meas- 
ures shall  be  tried,  proved,  and  sealed. 

See.  2305  (al913).  State  police  superintendent  to  be  superintendent  of 
weights  and  measures — Appointment  of  deputy  superintendent. — The 
superintendent  of  State  police  shall  be  State  superintendent  of 
weights  and  measures.  There  shall  be  a  deputy  superintendent  of 
weights  and  measures  to  be  appointed  by  said  superintendent  to  hold 
office  during  the  term  of  said  superintendent  unless  removed  by  him 
or  by  the  commissioners  of  State  police.  The  deputy  superintendent 
of  weights  and  measures  is  empowered  to  act  as  assistant  superin- 
tendent of  State  police,  with  all  the  powers  of  the  superintendent 
when  directed  so  to  act  by  the  superintendent  or  by  the  commissioners 
of  State  police.  Any  State  policeman  shall  act  as  inspector  of 
weights  and  measures,  with  all  the  powers  incident  to  that  office, 
when  directed  so  to  act  by  the  superintendent  or  deputy  superin- 
tendent of  weights  and  measures.  Neither  the  deputy  superintend- 
ent nor  any  State  policeman  shall  receive  any  salary  other  than  that 
incident  to  his  office  of  deputy  or  policeman  while  acting  as  such 
assistant  or  as  such  inspector.  The  State  superintendent  of  weights 
and  measures  and  his  deputy  shall  be  under  the  direction  of  the 
commissioners  of  State  police,  and  all  appointments  made  by  said 
superintendent  shall  be  subject  to  the  approval  of  said  commissioners. 

Sec.  2306  (al917).  Duties  of  superintendent  of  weights  and  measures. — 
The  superintendent  of  weights  and  measures  shall  take  charge  of  the 
standards  adopted  under  the  provisions  of  this  chapter  as  the  stand- 
ards of  the  State,  and  cause  them  to  be  kept  in  a  fireproof  building 
belonging  to  the  State,  or  in  a  suitable  place  in  his  office,  from  which 
they  shall  not  be  removed  except  for  repairs  or  for  certification,  and 
he  shall  take  all  other  necessary  precautions  for  their  safe-keeping. 
He  shall  maintain  the  State  standards  in  good  order  and  shall  sub- 
mit them  at  least  once  in  ten  years,  to  the  National  Bureau  of  Stand- 
ards for  certification.  He  shall,  at  least  once  in  two  years,  test  by 
the  State  standards  all  standard  weights,  measures  and  other  appa- 
ratus which  belong  to  any  county,  city  or  borough  and  shall  seal 
such  apparatus  as  is  found  to  be  accurate,  b}'  stamping  thereon,  with 
seals  kept  for  that  purpose,  the  letter  "  C  "  and  the  last  two  figures  of 
the  year  of  certification.     He  shall  have  general  supervision  of  the 

135 


136  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

weights,  measures  and  weighing  and  measuring  devices  sold,  offered 
for  sale  or  used  in  the  State.  He,  or  his  deputy  or  inspectors  by  his 
direction,  shall,  at  least  once  in  each  year,  test  all  scales,  weights  and 
measures  used  in  checking  the  receipt  or  disbursement  of  supplies  in 
every  institution  for  the  maintenance  of  which  moneys  are  appro- 
priated by  the  general  assembly,  and  he  shall  report  in  writing,  his 
findings  to  the  supervisory  board  and  to  the  executive  officer  of  the 
institution  concerned,  and  at  the  request  of  such  board  or  executive 
officer,  the  superintendent  of  weights  and  measures  shall  appoint  in 
writing,  one  or  more  employees,  in  the  service  of  each  institution,  who 
shall  act  as  special  deputies  for  the  purpose  of  checking  the  receipt 
or  disbursement  of  supplies.  He  shall  keep  a  complete  record  of  the 
standards,  balances  and  other  apparatus  belonging  to  the  State,  and 
take  a  receipt  for  the  same  from  his  successor  in  office.  The  State 
superintendent,  or  his  deputy  or  inspectors  at  his  direction,  shall,  at 
least  once  in  two  years,  inspect  the  work  of  the  local  sealers  through- 
out the  State  and  shall  have  power  to  inspect  and  ascertain  the  cor- 
rectness of  all  weights,  scales,  beams,  measures,  instruments  or  me- 
chanical devices  for  measuring,  and  tools,  appliances  or  accessories 
connected  with  any  such  instruments  or  measures  kept,  offered  or  ex- 
posed for  sale,  sold,  used  or  employed  by  any  proprietor,  agent,  lessee 
or  employee  in  proving  the  size,  quantity,  extent,  area  or  measure- 
ment of  quantities,  things,  produce  or  articles  for  distribution  or  con- 
sumption, offered  or  submitted  by  such  person  or  persons  for  sale, 
hire  or  reward ;  and  shall,  from  time  to  time,  weigh  or  measure  pack- 
ages or  amounts  of  commodities  of  any  kind  kept  for  the  purpose  of 
sale,  offered  for  sale  or  sold,  or  in  the  process  of  delivery,  in  order  to 
determine  whether  the  same  contain  the  amounts  represented,  and 
whether  they  be  offered  for  sale  or  sold  in  accordance  with  law. 
They  may,  for  such  purpose,  and  in  the  general  performance  of  their 
official  duties,  enter  without  warrant,  into  or  upon  any  stand,  place, 
building  or  premises,  or  stop  any  vendor,  peddler,  junk  dealer,  driver 
of  any  coal  wagon,  ice  wagon  or  delivery  wagon,  or  any  dealer  and 
require  him,  if  necessary,  to  proceed  to  some  place  which  they  may 
specify,  for  the  purpose  of  making  the  proper  tests.  The  State 
superintendent  or  his  deputy  or  inspectors  may  seal  such  weighing 
or  measuring  instruments  or  apparatus  as  is  found  to  be  correct  and 
may  seize  and  destroy  incorrect  weights,  measures  or  weighing  or 
measuring  instruments.  The  superintendent  shall  issue,  from  time 
to  time  regulations  for  the  guidance  of  county,  city  and  borough 
sealers,  and  such  regulations  shall  govern  the  procedure  to  be  fol- 
lowed by  said  officers  in  the  discharge  of  their  duties.  The  State 
superintendent  of  weights  and  measures  shall,  forthwith  upon  his 
appointment,  give  a  bond  in  the  penal  sum  of  five  thousand  dollars 
with  sureties  approved  by  the  attorney  general,  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  for  the  safety  of  the  stand- 
ards intrusted  to  his  care  and  for  the  surrender  thereof  immediately 
to  his  successor  in  office,  or  to  the  person  appointed  by  the  governor 
to  receive  the  same.  The  deputy  superintendent  of  weights  and 
measures  shall,  forthwith  upon  his  appointment,  give  a  bond  in  the 
penal  sum  of  one  thousand  dollars,  with  sureties  approved  by  the 
attorney  general,  for  the  faithful  performance  of  the  duties  of  his 
office  and  for  the  safety  of  an}'  apparatus  intrusted  to  his  care. 


CONNECTICUT  137 

Sec.  2307  (1911).  County  commissioners  and  common  council  of  cities 
to  procure  complete  set  of  standards. — The  county  commissioners  of 
each  county  and  the  common  council  of  each  city  required  to  appoint 
a  sealer  under  the  provisions  of  this  chapter  shall  procure,  at  the 
expense  of  the  county  or  city,  and  shall,  keep,  at  all  times,  a  com- 
plete set  of  weights  and  measures  and  other  apparatus,  of  such  ma- 
terials and  construction  as  said  superintendent  of  weights  and 
measures  may  direct.  All  such  weights,  measures  and  other  ap- 
paratus, having  been  tried  and  accurately  proven  by  him,  shall  be 
sealed  and  certified  to  hj  the  State  superintendent  as  hereinbefore 
provided,  and  shall  then  be  deposited  with  and  preserved  by  the 
county  or  city  sealer  as  public  standards  for  such  county  or  city. 
Whenever  the  county  commissioners  of  any  county  or  the  common 
council  of  any  such  city  shall  neglect,  for  six  months,  so  to  do,  the 
treasurer  of  the  county,  or  the  city  clerk  or  comptroller  of  said  city, 
as  the  case  may  be,  on  notification  and  request  by  the  superintendent 
of  weights  and  measures,  shall  provide  such  standards  and  cause  the 
same  to  be  tried,  sealed,  and  deposited,  at  the  expense  of  the  county 
or  city. 

Sec.  2308  (al915).  Appointment,  powers  and  duties  of  county  sealers 
of  weights  and  measures. — There  shall  be  in  each  county  a  county 
sealer  of  weights  and  measures  who  shall  be  appointed  by  the 
county  commissioners  for  a  term  of  five  years.  He  shall  be  paid 
such  compensation  as  shall  be  fixed  by  the  senators  and  representa- 
tives resident  in  the  same  county  at  their  biennial  meeting,  and  no 
fee  shall  be  charged  by  him,  or  by  the  county,  for  the  inspection, 
testing,  or  sealing  of  weights,  measures,  or  weighing  or  measuring 
devices.  Unless  otherwise  provided  by  law,  the  county  sealer  shall 
have  power,  within  his  county,  to  inspect,  test,  try,  and  ascertain 
the  correctness  of  all  weights,  scales,  beams,  measures,  instruments  or 
mechanical  devices  for  measuring,  and  tools,  appliances,  or  accessories 
connected  with  any  such  instrument  or  measures  kept,  offered  or 
exposed  for  sale,  sold  or  used,  or  employed  within  the  county  by  any 
proprietor,  agent,  lessee  or  employee  in  proving  the  size,  quantity, 
extent,  area  or  measurement  of  quantities,  things,  produce  or  articles 
for  distribution  or  consumption,  offered  or  submitted  by  such  person 
or  persons  for  sale,  hire,  or  reward ;  and  he  shall  have  power  to,  and 
shall,  from  time  to  time,  weigh  or  measure  packages  or  amounts  of 
commodities  of  any  kind  kept  for  the  purpose  of  sale,  offered  for  sale 
or  sold  or  in  the  process  of  delivery,  in  order  to  determine  whether 
the  same  contain  the  amounts  represented,  and  whether  they  are 
offered  for  sale  or  sold  in  a  manner  in  accordance  with  law.  He 
shall,  at  least  twice  each  year,  and  as  much  oftener  as  he  may  deem 
necessary,  see  that  the  weights,  measures  and  all  apparatus  used  in 
the  county,  including  those  under  the  care  of  city  and  town  sealers 
of  weights  and  measures,  are  correct.  He  may,  for  such  purpose, 
and  in  the  general  performance  of  his  official  duties,  enter,  without 
warrant,  into  or  upon  any  stand,  place,  building  or  premises,  or  stop 
any  vendor,  peddler,  junk  dealer,  driver  of  any  coal  wagon,  ice 
wagon,  or  delivery  wagon,  or  a^'  dealer  and  require  him,  if  neces- 
sary, to  proceed  to  some  place  which  said  sealer  may  specify,  for 
the  purpose  of  making  the  proper  tests.  The  county  seaier  of 
weights  and  measures  shall  cause  any  person  violating  any  of  the 


138  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

provisions  of  this  chapter  relating  to  weights  and  measures  to  be 
prosecuted.  Whenever  said  sealer  compares  weights,  measures  or 
weighing  or  measuring  instruments,  and  finds  that  they  correspond, 
or  causes  them  to  correspond,  with  the  standards  in  his  possession, 
he  shall  seal  or  mark  such  weights,  measures  or  weighing  or  measur- 
ing instruments  with  appropriate  devices,  to  be  approved  by  the 
State  superintendent  of  weights  and  measures.  He  shall  condemn 
and  seize,  and  may  destroy,  incorrect  weights,  measures  or  weighing 
or  measuring  instruments  which,  in  his  judgment,  are  not  susceptible 
of  satisfactory  repair;  but  he  shall  mark  or  tag  such  as  are  incorrect 
and  yet  may  be  repaired,  as  "  condemned  for  repairs  "  in  a  manner 
prescribed  by  the  State  superintendent  of  weights  and  measures. 
The  owner  or  user  of  any  weights,  measures  or  weighing  or  measur- 
ing instruments  which  are  so  marked  shall  have  the  same  repaired 
or  corrected  within  ten  days,  and  until  so  repaired  or  corrected,  such 
owner  or  user  shall  neither  use  nor  dispose  of  the  same  in  any  way, 
but  shall  hold  the  same  at  the  disposal  of  the  sealer.  Any  apparatus 
which  has  been  so  condemned  for  repairs  and  has  not  been  repaired 
as  hereinbefore  required  shall  be  confiscated  by  the  sealer.  The 
county  sealer  shall  keep  a  complete  record  of  all  of  his  official  acts 
and  shall  make  an  annual  report  to  the  county  commissioners,  and 
on  or  before  October  first  in  each  year  shall  make  a  report,  duly 
sworn  to,  to  the  State  superintendent  of  weights  and  measures,  on 
blanks  to  be  furnished  by  the  superintendent.  The  county  sealer  of 
weights  and  measures  shall,  forthwith  upon  his  appointment,  give 
a  bond  in  the  penal  sum  of  one  thousand  dollars,  with  sureties  to  be 
approved  by  the  county  treasurer,  for  the  faithful  performance  of  the 
duties  of  his  office.  Nothing  in  the  foregoing  provisions  shall  be 
construed  to  prevent  two  or  more  counties  from  combining  the  whole 
or  any  part  of  their  respective  counties,  as  may  be  agreed  upon  by 
the  county  commissioners,  with  one  set  of  standards  and  one  sealer, 
upon  the  written  consent  of  the  State  superintendent  of  weights  and 
measures.  A  county  sealer  appointed  in  pursuance  of  an  agreement 
for  such  combination  shall,  subject  to  the  terms  of  his  appointment, 
have  the  same  authority,  jurisdiction  and  duties  as  if  he  had  been 
appointed  by  each  of  the  authorities  who  are  parties  to  the  agree- 
ment. 

Sec.  2309  (1911).  City  sealer  in  cities  of  not  less  than  25,000  inhabit- 
ants; powers  and  duties  of. — There  shall  be  a  city  sealer  of  weights 
and  measures  in  each  city  of  not  less  than  twenty-five  thousand  popu- 
lation, according  to  the  last  preceding  official  State  or  United  States 
census,  to  be  appointed  by  the  mayor,  subject  to  the  approval  of  the 
common  council.  He  shall,  in  said  city,  perform  the  same  duties  and 
have  the  same  powers  as  the  county  sealer  in  the  county.  In  those 
cities  in  which  no  sealer  is  required  by  this  section,  the  county  sealer 
of  the  county  shall  perform  the  same  duties  and  have  the  same  powers 
as  in  the  county.  Nothing  in  the  foregoing  provisions  shall  be  so 
construed  as  to  prevent  any  county  and  any  of  the  cities  situated 
therein  from  combining  the  whole  or  any  part  of  their  respective 
territories,  as  may  be  agreed  upon,  with  one  sealer,  subject  to  the 
written  approval  of  the  State  superintendent  of  weights  and  meas- 
ures. A  sealer  appointed  in  pursuance  of  any  agreement  for  such 
combination  shall,  subject  to  the  terms  of  his  appointment,  have  the 


CONNECTICUT  139 

same  jurisdiction  and  duties  as  if  he  had  been  appointed  by  each  of 
the  authorities  who  are  parties  to  the  agreement. 

Sec.  2310,  as  amended  by  Pub.  Acts,  1925,  ch.  256,  p.  4077.  False 
weights  or  measures,  use  or  possession  of ;  penalty. — Any  person  who,  by 
himself  or  by  his  servant  or  agent  or  as  the  servant  or  agent  of 
another,  shall  offer  or  expose  for  sale,  sell  or  use  in  the  buying  or  sell- 
ing of  any  commodity  or  thing  or  for  hire  or  reward  or  shall  re- 
tain in  his  possession  a  false  weight  or  measure  or  weighing  or  meas- 
uring device  or  any  weight  or  measure  or  weighing  or  measuring 
device  which  shall  not  have  been  sealed  by  the  sealer  of  weights  and 
measures  within  one  year;  or  who  shall  dispose  of  any  condemned 
weight,  measure  or  weighing  or  measuring  device  contrary  to  the 
provisions  of  the  general  statutes  or  shall  remove  any  tag  placed 
thereon  by  a  sealer  of  weights  and  measures;  or  who  shall  sell  or 
offer  or  expose  for  sale  less  than  the  quantity  he  shall  represent;  or 
who  shall  buy  and  receive  any  commodity  the  weight  or  measure  of 
which  is  determined  by  weights  or  measures  of  the  purchaser  and 
shall  give  credit  or  pay  for  a  quantity  of  such  commodity  less  than 
that  received  by  him;  or  who  shall  sell  or  offer  or  expose  for  sale 
any  commodity  in  a  manner  contrary  to  the  provisions  of  the  general 
statutes;  or  who  shall  sell  or  offer  for  sale  of  have  in  his  possession 
for  the  purpose  of  selling  any  device  or  instrument  to  be  used  to,  or 
calculated  to;  falsify  any  weight  or  measure,  shall,  upon  a  first  con- 
viction, be  fined  not  less  than  twenty  nor  more  than  two  hundred 
dollars  or  imprisoned  not  more  than  three  months  or  both.  Upon 
any  subsequent  conviction  any  such  person  shall  be  fined  not  less  than 
fifty  nor  more  than  five  hundred  dollars  or  imprisoned  in  the  county 
jail  not  more  than  one  year  or  both. 

Sec.  2311.  Authority  of  superintendent,  deputy,  and  assistants  to  arrest 
without  warrant. — The  superintendent  of  weights  and  measures,  his 
deputy  and  inspectors,  and  the  county  and  city  sealers  of  weights  and 
measures  shall  each  have  power  to  arrest,  without  warrant,  any  vio- 
lator of  the  laws  in  relation  to  weights  and  measures,  and  to  seize, 
without  warrant,  for  use  as  evidence,  any  false  or  unsealed  weight, 
measure  or  weighing  or  measuring  device,  or  package  or  amount  of 
any  commodity,  found  to  be  used,  retained,  offered  or  exposed  for 
sale,  or  sold  in  violation  of  law. 

Sec.  2312.  Penalty  for  interference  with  officials. — Any  person  who 
shall  hinder  or  obstruct  the  superintendent  of  weights  and  measures, 
his  deputy,  or  any  inspector,  or  any  county  or  city  sealer,  in  the  per- 
formance of  his  official  duties,  shall  be  fined  not  less  than  two  nor 
more  than  two  hundred  dollars  or  imprisoned  for  not  more  than 
ninety  days  or  both. 

Sec.  2313.  Penalty  for  impersonating  officials. — Any  person  who  shall 
impersonate  the  superintendent  of  weights  and  measures,  his  deputy, 
or  any  inspector,  or  any  county  or  city  sealer,  b}7  use  of  his  seal  or  a 
counterfeit  of  his  seal,  or  otherwise,  shall  be  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars,  or  imprisoned  for  not 
more  than  one  year  or  both. 

Sec.  2314  (1913).  Salaries  to  be  paid  by  county  treasurer. — The  salary 
of  the  county  sealer  of  weights  and  measures  shall  be  paid  by  the 
county  treasurer  on  order  drawn  by  the  county  commissioners. 


140  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Pub.  Acts,  1925,  ch.  55,  p.  3834. 

Sec.  1.  Standards  for  towns. — The  selectmen  of  each  town  shall  pro- 
vide standard  weights  and  measures  of  various  kinds,  as  may  be 
recommended  and  approved  by  the  State  superintendent  of  weights 
and  measures,  and  cause  them  to  be  tried  and  compared  with  the 
State  standards. 

Sec.  2.  Appointment  of  inspector  of  weights  and  measures;  duties. — 
The  board  of  selectmen  in  any  town  may  appoint  an  inspector  of 
weights  and  measures  and  fix  his  salary  to  be  paid  by  the  town.  The 
inspector  of  weights  and  measures  in  each  town  shall  have  the 
custody  of  its  weights  and  measures.  He  shall  annually  try,  by  the 
town  standards,  the  weights  and  measures  used  in  trade  in  such 
town;  destroy  such  as  he  shall  be  unable  to  make  correspond  with 
the  standards  and  stamp  such  as  shall  be  found  or  made  true,  with 
the  capital  initial  letter  or  letters  of  the  name  of  the  town,  and  the 
year  of  such  inspection. 

Sec.  3.  Repeal. — Sections  2315  and  2316  of  the  general  statutes  are 
repealed. 

Gen.  Stats.,  1918,  Vol.  1,  ch.  121,  p.  715. 

Sec.  2317  (1800).  Penalty  for  using  unstamped  weights  and  meas- 
ures.— Every  person  who  shall,  for  the  purpose  of  buying  or  selling, 
use  any  weight  or  measure  not  legally  stamped  shall  forfeit  two 
dollars,  half  to  the  town  in  which  such  offense  shall  be  committed, 
and  half  to  the  sealer  of  weights  and  measures  for  said  town  who 
shall  prosecute  for  such  offense. 

Gen.  Stats.,  1918,  Vol.  1,  ch.  119,  p.  681. 

Sec.  2247  (al915).  County  sealers  of  weights  and  measures. — The 
county  sealers  of  weights  and  measures  shall  receive  such  compen- 
sation as  shall  be  fixed  by  the  senators  and  representatives  of  the 
county  at  their  biennial  meeting,  which  shall  be  paid  by  the  county 
treasurer  on  order  drawn  by  the  county  commissioners. 

Pub.  Acts,  1923,  ch.  183,  p.  3607. 

Sec.  1.  "  Bakery  "  defined. — The  word  "  bakery  "  is  defined,  for  the 
purpose  of  this  act,  as  follows:  A  building  or  part  of  a  building 
wherein  is  carried  on  as  a  principal  occupation  the  production  of 
bread,  cakes,  pies  or  other  food  products  made  either  wholly  or  in 
part  of  flour. 

Sec.  2.  Bread  to  be  of  standard  weight. — Standard  loaves  of  bread 
produced  in  any  bakery  and  procured  or  kept  for  the  purpose  of 
sale,  offered  or  exposed  for  sale,  or  sold,  shall  be  of  the  following 
standard  avoirdupois  weights:  One  pound  or  one  and  one-half 
pounds  or  some  multiple  of  one  pound.  The  provisions  of  this  act 
shall  not  apply  to  biscuits,  buns,  crackers,  rolls  or  loaves  weighing 
less  than  one-quarter  pound  per  unit,  or  to  what  is  commonly  known 
as  "  stale  "  bread  and  sold  as  such,  provided  the  seller  at  the  time 
of  sale  shall  expressly  state  to  the  buyer  that  the  bread  so  sold  is 
stale  bread. 

Sec.  3.  Loaves  not  of  standard  weight  to  be  marked  with  weight,  how.— 
Loaves  of  bread  produced  in  any  bakery  which  shall  not  be  of  any  of 
the  standard  weights  herein  provided  for,  which  shall  be  procured  or 


CONNECTICUT  141 

kept  for  the  purpose  of  sale,  offered  or  exposed  for  sale,  or  sold,  shall 
have  their  weight  plainly  and  conspicuously  stated  in  one  of  the 
following  ways:  Bread  wrapped  in  paper  or  other  material  prior 
to  the  time  of  sale  to  have,  on  the  outside  of  such  wrappers,  a  plain 
statement  of  the  weight  of  the  loaf  of  bread  contained  therein; 
bread  sold  or  exposed  for  sale  without  being  wrapped,  to  have,  on 
each  loaf,  either  a  pan  impression  plainly  setting  forth  its  weight, 
or  a  label  attached  to  the  loaf  on  which  its  weight  shall  be  plainly 
written  or  printed.  The  weight  marks  on  such  wrappers  or  labels 
shall  be  printed  in  plain,  heavy,  Gothic,  capital  letters  and  figures 
not  less  than  five  thirty-seconds  of  an  inch  in  height,  and  shall  not 
be  affixed  to  the  loaf  in  a  manner  or  with  a  gum  or  paste  which  is 
unwholesome  or  unsanitary. 

Sec.  4.  Tolerance  on  individual  loaves;  tolerance  on  12  loaves. — No 
loaf  of  bread  produced  in  any  bakery  shall,  within  twelve  hours  af- 
ter delivery  by  the  baker,  vary  more  than  one  ounce  per  pound  from 
the  standard  or  marked  weight.  The  weight  of  twelve  loaves  of 
bread  selected  at  random  from  any  one  baking  of  bread  shall  not  be 
less  than  the  total  of  the  standard  or  marked  weight  of  such  loaves. 

Sec.  5.  Penalty. — Any  person  who,  by  himself  or  by  his  agent  or 
servant,  shall  violate  any  provision  of  this  act  shall,  upon  the  first 
conviction,  be  fined  not  more  than  two  hundred  dollars,  and  upon  a 
subsequent  conviction  not  more  than  five  hundred  dollars  or  impris- 
oned not  more  than  six  months  or  both. 

Sec.  6.  Repeal. — Chapter  261  of  the  public  acts  of  1921  is  repealed. 

Gen.  Stats.,  1918,  Vol  1,  ch.  123,  p.  749. 

Sec.  2457  (1909).  Weight  to  be  marked  on  print  butter. — No  person 
shall,  by  himself,  his  servant  or  agent,  sell  or  offer  or  expose  for  sale, 
or  have  in  his  possession  with  intent  to  sell  any  print  butter  unless  the 
package  or  wrapper  containing  the  same  shall  have  conspicuously 
printed  thereon,  in  letters  or  figures  not  less  than  one-half  inch  in 
height,  in  plain  Gothic  type,  the  net  weight  of  the  butter  contained 
therein.  Every  person  who  shall  violate  any  provision  of  this  sec- 
tion shall  be  punished  by  a  fine  not  exceeding  twenty-five  dollars. 

Sec.  2474  (al911).  Milk  and  cream  to  be  sold  by  wine  measure. — All 
sales  of  milk  or  cream  shall  be  made  by  wine  measure. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  237,  p.  1333. 

Sec.  4782  (al895).  Pound,  ton,  etc.;  barrel;  liquid  gallon. — The  avoir- 
dupois pound  shall  bear  to  the  troy  pound  the  relation  of  seven  thou- 
sand to  five  thousand  seven  hundred  and  sixty.  The  hundred  weight 
shall  contain  one  hundred  avoirdupois  pounds;  and  the  ton,  twenty 
hundred  weight.  The  barrel  shall  contain  thirty-one  and  one-half 
gallons ;  and  the  hogshead,  two  barrels.  The  liquid  gallon x  [shall 
contain]  two  hundred  and  thirty-one  cubic  inches. 

Sec.  4783.  Bushel  measurement;  heap  measure;  charcoal;  barrel  of 
flour — of  potatoes. — The  bushel  in  struck  measure  shall  contain 
twenty-one  hundred  and  fifty  and  forty-two  hundredths  cubic  inches 
and  in  heap  measure  twenty-five  hundred  and  sixty-four  cubic  inches, 

1  The  words  "  The  dry  gallon  shall  contain  two  hundred  and  eighty-two  cubic  inches  " 
have  been  omitted,  since  this  apparently  conflicts  with,  sec.  2304  of  the  general  statutes. 
Which  provides  that  "  The  weights  and  measures  received  from  the  United  States  «  *  • 
shall  be  the  State  standards,"  as  the  National  Government  has  never  recognized  nor 
authorized  the  dry  gallon  mentioned  above. 


142 


LAWS   CONCEBNING  WEIGHTS  AND   MEASUKES 


except  that  every  bushel  of  charcoal  shall  contain  twenty-seven  hun- 
dred and  forty-eight  cubic  inches.  When  sold  by  weight  the  bushel 
of  charcoal  shall  weigh  twenty  pounds  when  commercially  dry;  the 
barrel  of  flour,  one  hundred  and  ninety-six  pounds ;  and  the  barrel 2 
of  potatoes,  one  hundred  and  seventy-two  pounds. 

Sec.  4784,  as  amended  by  Pub.  Acts,  1923,  ch.  185,  p.  3609.— The  bushel 
of  the  following  commodities  shall  weigh3 — 


Pounds 

Apples 48 

Apples,  dried 25 

Barley 48 

Beans,   dried 60 

Beans,  Lima   (in  pods) 34 

Beans,  string 24 

Beets  (table  size) 50 

Beet  greens 12 

Bran  or  shorts 20 

Buckwheat 48 

Carrots 50 

Clover  seed 60 

Coal,  hard 80 

Corn,  Indian 56 

Corn   rneal 50 

Cottonseed,  sea  island 44 

Cottonseed,   upland 30 

Cranberries 32 

Cucumbers 48 

Dandelions 12 

Flaxseed 55 

Grass  seed,  timothy,  or  herds 

grass 45 

Hickory  nuts 50 

Horseradish 50 

Kale,  commercially  dry 12 


Pounds 

Lime 70 

Mangelwurzel 60 

Oats 32 

Onions 52 

Parsely 8 

Parsnips 45 

Peaches 52 

Peaches,  dried 33 

Pears 52 

Peas,  dried 60 

Peas  (in  pod) 26 

Peppers 24 

Plums 48 

Potatoes 60 

Potatoes,   sweet 54 

Quinces 48 

Rice,  rough 45 

Rye 56 

Rye  meal 50 

Salt,  fine 70 

Salt,  coarse 70 

Spinach,  commercially  dry 12 

Tomatoes 56 

Turnips,  English 50 

Turnips,  rutabaga 60 

Wheat 60 


Any  person  who,  himself  or  by  his  servant  or  agent,  or  as  the 
servant  or  agent  of  another,  shall  sell  or  offer  for  sale  any  of  the 
above-mentioned  commodities  at  a  less  weight  per  bushel  than 
therein  specified  shall  be  fined  or  imprisoned  or  both  as  provided  in 
section  2310  of  the  general  statutes. 

Sec.  4785  (1917).  Weight  of  sand  and  gravel. — A  cubic  yard  of  sand 
shall  contain  twenty-six  hundred  pounds,  and  a  cubic  yard  of  gravel 
twenty-eight  hundred  pounds. 

Sec.  4789  (1911).  Coal  to  be  sold  by  weight;  ticket  to  be  delivered  with 
coal,  stating  weight;  penalty. — All  coal  sold,  except  in  accordance  with 
a  written  agreement  with  the  purchaser  otherwise,  or  offered  for  sale, 
in  this  State,  shall  be  sold  or  offered  for  sale  by  weight.  No  person, 
firm  or  corporation  shall  deliver  any  coal  unless  such  delivery  is 
accompanied  by  a  delivery  ticket  and  a  duplicate  thereof,  on  which 
shall  be  distinctly  expressed,  in  ink  or  other  indelible  substance,  in 
pounds,  the  weight  of  the  coal  contained  in  such  vehicle  or  recepta- 
cle, together  with  the  name  of  the  seller  and  the  name  of  the  pur- 
chaser of  such  coal.  One  of  such  tickets  shall  be  surrendered,  upon 
demand,  to  the  sealer  of  weights  and  measures,  for  his  inspection, 
and  such  ticket  or,  when  the  sealer  desires  to  retain  the  original 
ticket,  a  weight  slip  issued  by  the  seller,  shall  be  delivered  to  the 


2  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 

s  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


CONNECTICUT  143 

purchaser,  or  his  agent  or  representative,  at  the  time  of  the  delivery 
of  such  coal,  and  the  other  ticket  shall  be  retained  by  the  seller. 
If  the  purchaser  or  his  agent,  takes  such  coal  from  the  place  of 
purchase,  a  delivery  ticket,  showing  the  actual  number  of  pounds 
delivered,  shall  be  given  to  the  purchaser  or  his  agent,  at  the  time 
of  delivery.  Any  person  who  shall  violate  any  provision  of  this 
section  shall  be  fined  not  more  than  two  hundred  dollars  or  impris- 
oned not  more  than  six  months,  or  both. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  238,  p.  1336. 

Sec.  4794  (1911).  Sale  of  food  in  package  form;  weight;  marking. — 
Every  person  who  shall  sell  or  offer  for  sale  food  in  package  form, 
unless  the  net  quantity  of  the  contents  be  plainly  and  conspicuously 
marked  on  the  outside  of  the  package  in  terms  of  weight,  measure 
or  numerical  count,  shall  be  subject  to  the  penalties  provided  in 
section  2446:  Provided,  Reasonable  variations  shall  be  permitted, 
and  allowances  shall  be  established  by  rules  and  regulations  made 
from  time  to  time  by  the  dairy  and  food  commissioner  and  the 
director  of  the  Connecticut  Agricultural  Experiment  Station.  The 
definitions  of  the  terms  "food"  and  "person"  as  given  in  sections 
2437  and  2448  respectively,  shall  apply  to  the  provisions  of  this 
section:  Provided,  The  term  "food"  as  used  herein,  shall  not  in- 
clude confectionery  and  shelled  nuts  when  offered  for  sale  in  pack- 
ages at  a  price  not  exceeding  ten  cents  each. 

Pub.  Acts,  1921,  ch.  142,  p.  3137. 

Sec.  1.  Clinical  standard  thermometer  established. — A  clinical  stand- 
ard thermometer  supplied  by  the  State  and  certified  by  the  Na- 
tional Bureau  of  Standards  for  use  by  the  State,  shall  be  the  State 
clinical  standard  thermometer. 

Sec.  2.  Additional  standard  thermometers  may  be  supplied. — In  addi- 
tion to  the  State  clinical  standard  thermometer,  there  shall  be  sup- 
plied by  the  State  such  additional  clinical  standard  thermometers 
as  may  be  necessary  to  carry  out  the  provisions  of  this  act,  to  be 
known  as  official  clinical  standards.  Such  thermometers  shall  be 
verified  by  the  director  of  the  bureau  of  laboratories  of  the  State 
department  of  health  upon  their  initial  receipt  and  at  least  once  in 
each  six  months  thereafter,  by  direct  comparison  with  the  State 
clinical  standard  thermometer.  The  official  clinical  standard  ther- 
mometers may  be  used  in  making  all  comparisons  of  clinical  ther- 
mometers under  test. 

Sec.  3.  Correct  clinical  thermometer  defined. — The  commissioner  of 
health  shall  promulgate  tolerances  and  specifications  for  clinical 
thermometers.  A  correct  clinical  thermometer  shall  be  one  which 
conforms  to  the  standard  thereby  established  and  to  the  specifica- 
tions promulgated  under  the  provisions  of  this  act,  within  the 
tolerances  established  as  aforesaid. 

Sec.  4.  Correct  thermometers  to  be  sealed  by  the  State  department  of 
health. — Whenever  the  State  department  of  health  inspects  and  tests 
a  clinical  thermometer  which  is  offered  for  sale  and  finds  it  to  be  cor- 
rect it  shall  seal  or  mark  it  or  otherwise  certify  it  as  correct.  When- 
ever it  inspects  and  tests  such  a  clinical  thermometer  and  finds  it 
to  be  incorrect  it  may  condemn,  seize  and  destroy  it;  or  it  may 

517—26 10 


144  LAWS   CONCEKNING  WEIGHTS  AND   MEASUBES 

return  it  to  the  owner  upon  a  satisfactory  guarantee  that  it  will  not 
be  sold  or  used  within  the  State. 

Sec.  5.  Thermometers  submitted  to  and  approved  by  the  State  depart- 
ment of  health  to  be  marked. — When  a  representative  sample  of  a 
clinical  thermometer  has  been  submitted  by  the  manufacturer 
thereof  to  the  State  department  of  health  and  is  approved,  it  shall 
assign  a  designating  mark  or  number  which  shall  thereafter  be 
permanently  affixed  by  the  manufacturer  to  all  clinical  thermome- 
ters of  that  particular  kind  made  by  him.  Such  clinical  ther- 
mometers as  are  sealed  by  the  manufacturer  shall  be  marked  with 
the  name,  initials  or  trade-mark  of  the  manufacturer,  and  by  such 
other  marks  as  the  department  may  require.  The  commissioner  of 
health  shall  have  power  to  revoke  the  authority  given  by  him  to 
any  manufacturer  under  the  provisions  of  this  section  upon  proof 
that  the  authorized  seal  or  designating  mark  has  been  affixed  to  a 
thermometer  which  does  not  conform  to  the  sample  approved  by 
him. 

Sec.  6.  Penalty. — Any  person,  who,  by  himself  or  by  his  servant  or 
agent,  or  as  the  servant  or  agent  of  another  person,  shall  keep  for 
the  purpose  of  sale,  offer  or  expose  for  sale,  or  sell  any  clinical 
thermometer  which  has  not  been  sealed,  marked  or  certified  as  cor- 
rect by  the  State  department  of  health  or  by  the  manufacturer  as 
aforesaid  shall  be  fined  not  more  than  fifty  dollars. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  191,  p.  1057. 

Sec.  3630  (1911).  Inspection  of  meters. — Upon  petition  of  any  person, 
and  the  payment  by  such  person  of  a  fee  of  one  dollar  for  each 
meter,  the  commission  [public  utilities  commission]  shall  cause  to 
be  inspected  any  electric,  gas  or  water  meter  used  in  measuring  elec- 
tricity, gas  or  water  supplied  to  such  petitioner.  The  company 
supplying  electricity,  gas  or  water  through  such  meter  shall  reim- 
burse the  petitioner  for  said  fee  if  such  meter  be  found  to  be  more 
than  two  per  centum  fast,  in  the  case  of  a  gas  meter,  or  four  per 
centum  fast,  in  the  case  of  an  electric  or  water  meter,  and  shall  not 
again  use  such  meter  until  corrected  and  approved  by  the  commis- 
sion. The  commission  shall  cause  to  be  approved  every  electric,  gas 
or  water  meter  in  which  the  error  does  not  exceed  two  per  centum 
for  gas  meters  or  four  per  centum  for  electric  or  water  meters,  and 
shall  cause  the  same  to  be  stamped  with  some  suitable  device  and 
the  date  of  approval. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  235,  p.  1327. 

Sec.  4755  (al822).  Shad  intended  for  market;  weight  per  barrel  and 
half  barrel;  number  of  fish  per  barrel  and  half  barrel. — All  pickled  shad, 
intended  for  market,  shall  be  split  and  well-cleansed,  pickled  in 
strong  brine,  and  shall  remain  in  such  brine  at  least  fifteen  days 
before  they  shall  be  put  up  for  market,  and  shall  be  put  in  barrels 
or  half  barrels,  the  barrels  containing  two  hundred  pounds  each  and 
the  half  barrels  one  hundred  pounds  each  of  fish  well  packed,  with 
a  sufficient  quantity  of  salt  and  filled  with  strong  brine ;  shad  so  put 
up  shall  be  of  three  classes,  to  wit:  Class  number  one,  to  consist 
wholly  of  shad  well  saved,  free  from  rust  or  any  defect,  with  the 
head  and  tail  cut  off,  and  backbone  taken  out,  each  barrel  to  con- 
tain not  more  than  eighty  shad,  and  each  half  barrel  not  more  than 


CONNECTICUT  145 

forty;  class  number  two,  to  consist  wholly  of  those  well  saved, 
trimmed,  pickled  and  prepared  for  packing,  in  the  same  manner  as 
class  number  one,  each  barrel  to  contain  not  more  than  ninety  shad, 
and  each  half  barrel  not  more  than  forty-five;  class  number  three, 
to  consist  of  such  as  will  not  answer  for  either  of  the  former  classes, 
well  saved,  with  the  heads  taken  off.  Every  inspector,  who  shall 
inspect  and  brand  the  same,  shall  designate  by  each  brand  the 
quality,  weight  and  kind  of  fish  contained  in  each  barrel  and  half 
barrel  branded  by  him,  the  year  in  figures  when  it  shall  have  been 
inspected,  the  word  "  Conn.,"  his  own  name  and  the  name  of  the 
town  where  said  fish  was  put  up.  Every  inspector  of  fish,  who  shall 
inspect  or  brand  any  package  of  shad  imported  into  this  State,  shall 
be  fined  five  dollars. 

Sec.  4756  (1820).  Regulations  concerning  barrels  for  fish. — All  barrels 
and  half  barrels,  containing  fish,  shall  be  well  made  of  seasoned 
red  oak,  white  oak  or  chestnut  timber ;  each  tierce  shall  be  made  with 
twelve  hoops;  each  barrel  shall  be  of  the  capacity  of  from  twenty- 
eight  to  thirty  gallons,  and  each  half  barrel  of  the  capacity  of  fifteen 
gallons  and  a  half. 

Sec.  4758  (1822).  Fraudulent  altering  of  contents  of  cask;  penalty. — 
Every  person  who,  after  the  inspection  and  branding  of  a  cask  con- 
taining fish  shall  fraudulently  take  out  or  change  any  part  of  the 
contents  thereof  or  put  into  it  any  fish  not  inspected,  shall  be  fined 
twenty  dollars. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  236,  p.  1329. 

Sec.  4764  (al893).  Fertilizers,  weights  to  be  marked. — Every  person 
who  shall  sell,  offer  or  expose  for  sale,  any  commercial  fertilizer 
or  manure,  except  stable  manure,  and  the  products  of  local  manu- 
facturers of  less  value  than  ten  dollars  a  ton,  shall  affix  conspicuously 
to  every  package  thereof  a  plainly  printed  statement,  clearly  and 
truly  certifying  the  number  of  net  pounds  of  fertilizer  in  the  pack- 
age, the  name,  brand  or  trade-mark  under  which  the  fertilizer  is 
sold,  the  name  and  address  of  the  manufacturer,  the  place  of  manu- 
facture, and  the  chemical  composition  of  the  fertilizer,  expressed 
in  the  terms  and  manner  approved  and  usually  employed  by  the 
Connecticut  Agricultural  Experiment  Station.  If  any  such  fertil- 
izer be  sold  in  bulk,  such  printed  statement  shall  accompany  every 
lot  and  parcel  sold,  offered,  or  exposed  for  sale. 

Pub.  Acts,  1925,  ch.  196,  p.  3982. 

Sec.  2.  Commercial  feeding  stuff,  net  weight  to  be  marked. — Each  lot 
or  parcel  of  concentrated  commercial  feeding  stuff  sold,  offered  or 
exposed  for  sale  shall  have  conspicuously  affixed  thereto  a  plainly 
printed  statement  certifying  (1)  the  number  of  net  pounds  of  feed- 
ing stuff  contained  therein,  (2)  the  name,  brand  or  trade-mark  under 
which  the  article  is  sold,  (3)  the  name  and  address  of  the  manu- 
facturer or  importer,     *     *     * 

Gen.  Stats.,  1918,  Vol.  2,  ch.  237,  p.  1333. 

Sec.  4786  (1869).  Cotton  thread,  quantity  of,  to  be  designated.— 
Every  manufacturer  of  cotton  sewing  thread,  and  every  person  en- 
gaged in  putting  up  such  thread  on  spools  or  in  packages  of  one  pound 
weight  or  less,  intended  for  sale,  shall,  before  the  same  is  offered  for 


146  LAWS   CONCEBNING  WEIGHTS  AND   MEASUBES 

sale,  affix  to  or  impress  upon,  each  spool  or  package,  a  label  or  stamp 
designating  its  weight  or  length  in  yards.  Every  such  manufacturer, 
or  person  engaged  as  aforesaid,  who  shall  neglect  to  affix  to  or  im- 
press upon,  each  spool  or  package  such  a  label  or  stamp,  or  shall, 
with  intent  to  deceive,  affix  to  or  impress  upon,  or  suffer  to  be  affixed 
to  or  impressed  upon,  any  such  spool  or  package,  a  label  or  stamp 
specifying  that  it  contains  a  greater  number  of  yards,  or  a  greater 
quantity  of  thread  by  five  per  centum  than  it  does  contain,  shall 
be  fined  five  dollars  for  each  of  such  spools  or  packages;  and  every 
trader  who  shall  offer  for  sale  such  thread,  knowing  or  having  reason 
to  believe  that  it  is  falsely  labeled  01  stamped  as  regards  length  or 
quality,  shall  be  subject  to  the  same  fine. 

S53.  4787  (1813).  Sale  of  domestic  sewing  silk  by  skein. — Every  per- 
son who  shall  sell  or  offer  for  sale,  by  the  skein,  any  sewing  silk  manu- 
factured in  this  country,  unless  each  skein  shall  consist  of  twenty 
threads,  each  two  yards  long,  shall  be  fine  seven  dollars. 

Sec.  4788,  as  amended  by  Pub.  Acts,  1923,  ch.  128,  p.  3566.  Babcock 
milk-test  bottles  not  to  be  used  unless  stamped  by  the  Connecticut  Agri- 
cultural Experiment  Station;  penalty. — No  person  or  corporation  buy- 
ing milk  or  cream  and  making  payments  therefor  based  on  the 
results  of  the  Babcock  test  shall  use  any  bottle  or  pipette  for  the 
purpose  of  determining  the  relative  or  proportional  amount  of  butter- 
fat  of  any  milk  or  cream,  unless  such  bottle  or  pipette  shall  have 
been  tested  and  stamped  as  accurate  by  the  Connecticut  Agricultural 
Experiment  Station  at  New  Haven.  Any  person  violating  any  pro- 
vision of  this  act  shall  be  fined  not  less  than  seven  nor  more  than 
two  hundred  dollars  or  imprisoned  not  more  than  six  months  or  both. 
The  dairy  and  food  commissioner  shall  be  charged  with  the  enforce- 
ment of  this  act. 

Gen.  Stats.,  1918,  Vol.  1,  ch.  22,  p.  169. 

Sec.  358  (1842).  Duties  of  public  weighers. — Every  public  weigher, 
upon  payment  of  his  lawful  fees,  shall  accurately  weigh  any  heavy 
or  bulky  article  of  merchandise  brought  to  him  for  that  purpose,  and 
sign  and  give  a  certificate  of  its  weight  to  the  person  bringing  the 
same. 

Sec.  359.  Scales  and  fees. — Towns  in  which  public  weighers  are 
appointed  shall  make  such  regulations  relative  to  the  scales  and  other 
apparatus  to  be  used  by  such  weighers  as  they  may  deem  necessary 
for  the  public  protection  and  convenience,  and  prescribe  the  fees, 
not  exceeding  twenty  cents  for  each  weighing,  to  be  paid  to  said 
weighers,  half  by  the  seller  and  half  by  the  purchaser,  or  may  dele- 
gate to  the  selectmen  the  powers  and  duties  specified  in  this  section ; 
and  the  rate  of  fees  so  established  shall  be  recorded  in  the  town 
records,  and  shall  not  be  changed  during  the  time  for  which  such 
weighers  are  appointed. 

Sec.  360  (al854).  Penalties. — Any  public  weigher  who  wilfully  neg- 
lects to  weigh  any  article  legally  brought  to  him  for  that  purpose, 
and  to  give  a  certificate  of  the  weight  thereof  according  to  law, 
except  in  a  matter  in  which  he  has  an  interest,  or  who  shall  give  a 
certificate  of  the  weight  of  any  article  in  which  he  has  an  interest  and 
every  person  selling  any  heavy  or  bulky  article  of  merchandise, 
usually  sold  by  weight,  who  shall,  upon  the  request  of  any  purchaser 


CONNECTICUT  147 

thereof  who  shall  offer  to  pay  for  the  weighing  of  the  same,  refuse 
or  decline  to  have  the  same  weighed  by  a  public  weigher  in  the  town 
where  said  purchaser  resides,  shall  be  fined  five  dollars. 

Sec.  361  (al889).  Duties  of  measurers  of  wood. — The  selectmen  of  each 
town  may  appoint  annually,  and  oftener  if  necessary,  two  or  more 
of  its  inhabitants  to  be  measurers  of  wood  offered  for  sale  within 
the  town,  who  shall  be  duly  sworn,  and  receive  such  compensation 
for  their  services  as  the  town  may  prescribe;  and  any  of  them,  on 
request  of  the  owner  of  any  wood  so  offered  for  sale,  shall,  without 
delay,  measure  it  and  sign  and  give  him  a  certificate  of  its  quantity. 

Pub.  Acts,  1919,  ch.  295,  p.  2961. 

Sec.  1.  Standard  barrel  to  be  used  for  apples. — The  standard  barrel4 
for  apples  shall  be  of  the  following  dimensions  when  measured 
without  distention  of  its  parts:  Length  of  stave  twenty-eight  and 
one-half  inches;  diameter  of  head  seventeen  and  one-eighth  inches; 
distance  between  heads  twenty-six  inches;  circumference  of  bulge 
sixty-four  inches,  outside  measurement;  and  the  thickness  of  staves 
not  greater  than  four-tenths  of  an  inch;  provided  any  barrel  of 
a  different  form  having  a  capacity  of  seven  thousand  and  fifty- 
six  cubic  inches  shall  be  a  standard  barrel.  The  standard  box  for 
apples  shall  be  of  the  following  dimensions,  by  inside  measure- 
ment: Eighteen  inches  by  eleven  and  one-half  inches  by  ten  and 
one-half  inches,  without  distention  of  its  parts,  and  shall  have  a 
capacity  of  not  less  than  two  thousand  one  hundred  and  seventy- 
three  and  one-half  cubic  inches. 

Sec.  3.  Packages  containing'  apples  to  be  marked. — Every  closed  pack- 
age of  apples  packed  or  repacked  in  the  State  and  intended  for 
sale,  either  within  or  without  the  State,  shall  have  marked  in  a 
conspicuous  place  on  the  outside  of  the  package  in  plain  letters 
the  following  statements  in  the  order  named:  (1)  The  name  of 
the  State  where  grown;  (2)  the  name  of  the  grade  as  specified  in 
section  two  of  this  act;  (3)  the  minimum  size  of  the  apples  con- 
tained therein;  (4)  a  true  statement  of  the  quantity  of  the  con- 
tents; (5)  the  name  of  the  variety;  (6)  the  name  and  address  of 
the  person  by  whose  authority  the  apples  were  packed.  If  the 
true  name  of  the  variety  shall  not  be  known  to  the  person  by 
whose  authority  the  apples  were  packed,  then  such  statement  shall 
include  the  words  "Variety  unknown."  Every  closed  package  of 
apples  which  is  repacked  shall  bear  the  name  and  address  of  the 
person  by  whose  authority  the  apples  are  repacked  in  place  of  that 
of  the  original  owner. 

Sec.  6.  Marking  on  barrels  to  be  in  block  letters. — The  branding  or 
marking  of  barrels  under  the  provisions  of  this  act  shall  be  in 
block  letters  and  figures  of  a  size  not  less  than  one-half  inch  in 
height. 

Sec.  8.  Adulterated  packages,  defined. — For  the  purposes  of  this  act, 
apples  packed  in  a  closed  package  shall  be  deemed  to  be  adulterated 
if  their  measure,  quality  or  grade  does  not  conform  in  every  par- 
ticular to  the  brand  or  mark  upon  or  affixed  to  the  package,  or  if 
the  faced  or  shown  surface  gives  a  false  representation  of  the  con- 
tents of  the  package. 


*  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 


148  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  13.  Terms  "  person  "  and  "  closed  package,"  defined. — The  word 
"  person  "  as  used  in  this  act  shall  include  persons,  firms,  corporations, 
societies  and  associations,  and  the  acts  of  agents  and  employees  shall 
be  construed  to  be  the  acts  of  their  principals  and  employers  as  well 
as  of  the  agents  and  employees.  The  words  "  closed  package  "  shall 
mean  a  barrel,  box  or  other  container  the  contents  of  which  cannot 
be  sufficiently  seen  for  the  purposes  of  inspection  without  opening 
the  container. 

Gen.  Stats.,  1918,  Vol.  2,  ch.  346,  p.  1825. 

Sec.  6720,  as  amended  by  Pub.  Acts,  1921,  ch.  37,  p.  3061.  Providing 
standard  time  for  State  and  municipalities. — The  standard  of  time  for 
the  seventh-fifth  meridian  west  of  Greenwich  shall  be  the  standard 
of  time  for  this  State,  and  no  department  of  the  State  government 
and  no  municipality  or  subdivision  of  the  State,  shall  employ  any 
other  time  or  adopt  any  ordinance,  by-law  or  order  providing  for 
the  use  of  any  other  than  the  standard  of  time. 


DELAWARE 

Rev.  Code,  1915,  ch.  82,  p.  1361. 

Sec.  2914  (al909).  State  chemist  custodian  of  weights  and  measures; 
duties  of. — The  State  chemist  is  made  the  custodian  of  the  standard 
weights  and  measures  of  the  United  States,  belonging  to  this  State, 
together  with  balances  for  adjusting  duplicate  standards. 

The  State  chemist  is  required  to  keep  the  same  in  good  order,  and 
shall,  upon  demand,  try  and  prove  the  duplicate  standards  of  weights 
and  measures  belonging  to  the  several  counties,  by  and  with  the 
originals  in  his  custody  and  shall  cause  them  to  be  made  uniform 
and  correct. 

Sec.  2915.  Standard. — The  standard  weights  and  measures  of  the 
United  States,  now  deposited  in  the  custody  and  office  of  the  State 
chemist,  are  the  true  and  legal  standards  for  this  State;  and  the 
duplicate  thereof,  deposited  with  the  several  prothonotaries,  are  true 
duplicate  standards  by  which  all  weights  and  measures,  used  within 
this  State,  shall  be  tried  and  regulated. 

Sec.  2916  (1893).  County  regulators,  term  and  oath;  bond. — A.  regu- 
lator of  weights  and  measures  for  each  county  shall  be  appointed  by 
the  governor  for  the  term  of  four  years.  The  said  regulator  shall  be 
sworn,  or  affirmed,  to  perform  the  duties  of  his  office  faithfully  and 
impartially.  He  shall  within  thirty  days,  from  his  appointment, 
give  bond  to  the  State,  with  sufficient  surety,  to  be  approved  by  the 
governor,  in  the  sum  of  one  thousand  dollars,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office ;  and  if  such  bond  be 
not  filed  in  the  secretary's  office  within  the  time  aforesaid,  his  com- 
mission shall  be  void. 

Sec.  2917,  as  amended  by  laws,  1915,  ch.  216,  p.  635.  Duties  of  regu- 
lator of  weights  and  measures  in  Kent  and  Sussex  Counties;  without 
charge. — In  Kent  and  Sussex  Counties  he  shall  visit,  at  least  once 
during  the  year?  every  incorporated  town  in  his  county,  for  the  pur- 
pose of  regulating,  by  and  with  the  duplicate  standards  aforesaid, 
without  charge,  any  weights  and  measures,  scales,  balances,  or  other 
weighing  apparatus,  that  may  be  in  use;  and  shall  stamp  the  same 
plainly  with  the  letter  "  S,"  and  the  initial  of  his  county  should  the 
same  be  correct. 

Sec.  2918,  as  amended  by  laws,  1919,  ch.  196,  p.  522.  Further  duties  of 
regulator;  powers  of  regulator;  to  hold  as  evidence. — He  shall,  in  like 
manner,  at  all  other  times,  regulate  such  weights  and  measures,  scales, 
or  balances,  as  may  be  brought  to  him,  or  of  which  he  may  have 
knowledge.  And  he  shall  diligently  inquire  for  all  unstamped 
weights  and  measures,  scales  and  balances,  which  are  used  within 
his  county  for  buying  or  selling. 

Each  regulator  shall  have  power,  within  his  respective  jurisdiction, 
to  test  all  instruments  and  devices  used  in  weighing  or  measuring 
anything  sold  or  to  be  sold.    Such  test  shall  include  all  appliances 

149 


150  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

connected  or  used  with  such  instruments  or  devices.  For  the  pur- 
pose of  making  such  test,  each  regulator,  at  any  reasonable  time  and 
without  formal  warrant,  may  enter  upon  any  premises ;  and  may,  on 
any  public  highway,  stop  any  vendor  or  dealer,  or  the  agent  or 
servant  of  such  vendor  or  dealer,  or  stop  any  vehicle  used  in  deliv- 
ering any  commodity  which  is  weighed  or  measured  as  delivered.  He 
may  condemn  and  mark  as  condemned,  or  may  seize,  any  false  or  il- 
legal instrument  or  device  used,  or  intended  to  be  used,  in  weighing 
or  measuring.  If  he  shall  seize  any  such  instrument  or  device,  he 
shall  retain  possession  thereof  until  it  shall  have  been  used  as  evi- 
dence in  any  prosecution  under  the  laws  of  this  Commonwealth 
relating  to  weights  and  measures.  After  the  determination  of  such 
prosecution  the  false  or  illegal  instrument  or  device  shall  be  de- 
stroyed, unless  otherwise  ordered  by  the  proper  court. 

Whenever  he  shall  see  fit  so  to  do,  or  whenever  he  shall  be  so  re- 
quested the  regulator  of  weights  and  measures  in  Kent  or  Sussex 
County  shall  weigh  any  quantity  of  coal  or  ice  on  its  way  to  or  in 
process  of  delivery  and  the  expense  of  weighing  same  shall  be  paid 
to  him  by  the  levy  court  of  the  county  upon  presentation  of  a  re- 
ceipted bill  therefor,  showing  the  payment  thereof  by  him. 

Sec.  2919,  as  amended  by  Laws,  1915,  eh.  216,  p.  635.  Misdemeanor, 
when. — If  any  person  in  Kent  or  Sussex  Counties,  shall  buy,  sell,  or 
barter,  by  any  weight  or  measure,  scale,  balance,  or  other  weighing 
apparatus,  that  has  not  been  duly  regulated  and  stamped,  or  if  any 
person  shall  make,  or  use,  a  false  stamp,  or  brand,  for  stamping 
weights,  or  measures,  he  or  she  shall  be  fined  twenty-five  dollars 
and  pay  in  addition  thereto  the  costs  in  the  case.  One-half  of  said 
fine  when  recovered  shall  be  paid  to  the  informer. 

Sec.  2920,  as  amended  by  laws,  1915,  ch.  216,  p.  635.  Compensation  of 
the  regulators. — The  regulators  shall  be  paid  for  their  services,  an- 
nually, six  hundred  dollars  in  New  Castle  County  and  fees  as  here- 
after provided,  six  hundred  dollars  in  Kent  and  Sussex  Counties, 
said  stated  salaries  to  be  allowed  by  the  levy  court  of  the  respective 
counties  and  paid  as  other  county  charges. 

Sec.  2921,  as  amended  by  laws,  1915,  ch.  216,  p.  635.  Duties  of  regu- 
lator in  New  Castle  County;  powers. — He  shall,  as  often  as  he  may  deem 
necessary,  go  to  all  stores,  offices,  booths,  stalls  or  other  places  of 
business  in  his  county,  where  any  beams,  scales,  weights  and  meas- 
ures are  used  for  the  purpose  of  buying  or  selling  any  goods,  chattels 
or  other  things,  and  test  and  adjust  or  cause  to  be  tested  and  adjusted 
(if  possible)  all  such  beams,  scales,  weights  and  measures,  and 
stamp  the  same  plainly  with  the  letter  "  S  "  and  the  initial  of  his 
county  and  the  current  year.  He  shall  also,  in  like  manner,  at  all 
other  times,  test  and  adjust  such  beams,  scales,  weights  and  measures 
as  may  be  brought  to  him  for  that  purpose.  The  said  regulator 
shall  have  the  same  powers  prescribed  in  2918,  section  5  of  this 
chapter. 

Sec.  2922  (1893).  Fees  for  trying  and  adjusting  weights  and  measures; 
fees ;  collection  of  fees. — For  which  trial  and  adjustment  the  said  regu- 
lator for  New  Castle  County,  in  addition  to  the  salary  already 
allowed  by  law,  shall  demand  and  receive  from  the  proprietors  or 
owners  of  all  such  weights,  and  beams,  and  scales,  and  measures,  the 
following  fees,  to  wit:  For  the  trial  and  balancing  of  every  set  ot 


DELAWARE  151 

scales,  eight  cents ;  for  every  patent  balance,  fifteen  cents ;  for  every 
set  of  coal  or  hay  scales,  one  dollar  each;  for  every  set  of  platform 
scales  which  draws  five  hundred  pounds  or  under,  fifty  cents,  and  an 
additional  sum  of  five  cents  for  every  one  hundred  pounds  not 
exceeding  two  thousand  pounds,  and  any  platform  scale  drawing 
over  two  thousand  pounds  shall  be  classed  as  coal  or  hay  scales;  for 
every  yard  measure,  two  cents ;  for  every  bushel  measure,  ten  cents ; 
for  every  half-bushel  measure,  seven  cents ;  for  every  peck  and  half- 
peck  measure,  five  cents ;  for  every  quarter  peck  measure,  three  cents ; 
for  every  gallon,  half-gallon,  and  quart  measure,  three  cents  each; 
for  every  pint  measure,  or  less,  two  cents ;  for  every  weight  of  twenty- 
eight  pounds  or  more,  eight  cents ;  for  every  weight  less  than  twenty- 
eight  pounds,  two  cents,  and  an  additional  charge  or  fee  for  labor 
or  materials  furnished  for  adjusting  said  beams,  scales,  weights  and 
measures  to  be  fixed  by  agreement  between  the  regulator  and  the 
owner  or  user  thereof;  provided,  always,  that  the  said  regulator 
shall  only  be  entitled  to  one-half  of  the  above  fees  for  stamping 
such  beams,  scales,  weights  and  measures  as  he  shall  find  to  be 
correct  after  testing  the  same.  The  said  regulator  may  collect  by 
suit,  before  any  justice  of  the  peace,  all  fees  prescribed  by  this  section 
from  the  proprietors  or  owners  of  such  scales,  beams,  weights  or 
measures,  which  he  has  adjusted. 

Sec.  2922a,  as  enacted  by  Laws,  1915,  ch.  216,  p.  635.  Annual  fees. — 
For  every  fee  collected  under  the  provisions  of  2922,  section  9  of 
this  chapter,  the  said  regulator  shall  give  a  receipt  therefor  and  no 
person,  copartnership,  firm  or  company  shall  be  required  to  pay  more 
than  one  fee  in  any  one  year,  provided,  however,  the  provisions  of 
this  section  shall  in  no  way  be  deemed  to  restrict  the  number  of 
visits  which  the  said  regulator  shall  deem  necessary  to  make  during 
any  one  year. 

Sec.  2923  (al909).  Seizure  of  false  measures,  etc. — The  said  regulator 
of  weights  and  measures  for  New  Castle  County  is  required  to 
immediately  seize  and  deliver  to  the  attorney  general  all  false 
beams,  scales,  weights  and  measures  that  he  may  find  within  the 
county,  which  he  is  unable  to  adjust,  together  with  a  written  report 
giving  such  information  in  regard  thereto  as  may  be  required  of 
him  by  the  attorney  general;  and  the  regulator  of  weights  and 
measures  shall  be  paid  one-half  of  the  fee  for  such  services  as  is 
provided  for  in  the  trial  and  adjustment  of  beams,  scales,  weights 
and  measures  by  section  9  [sec.  2922]  of  this  chapter ;  and  all  the  pro- 
visions of  this  chapter  relating  to  the  inspection  of  beams,  scales, 
weights  and  measures  in  New  Castle  County  used  for  the  purpose  of 
buying  or  selling  shall  also  extend  to  all  such  beams,  scales,  weights 
and  measures  as  are  or  may  be  used  in  said  county  for  ascertaining 
weights  and  measures  for  the  purpose  of  charging  for  freight,  ton- 
nage, transportation,  commission  and  all  other  charges,  when  such 
charges  are  regulated  by  weight  or  measure. 

Sec.  2924.  Penalty;  disposition  of  fines. — In  case  any  user  or  owner 
of  such  beams,  scales,  weights  and  measures,  within  the  county 
of  New  Castle,  in  this  State,  shall  refuse  or  neglect  to  comply  with 
any  of  the  requisitions  which  the  said  regulator  is  by  this  chapter 
authorized  or  directed  to  make  or  shall  knowingly  sell  or  buy  any 
false  beams,  scales,  weights,  or  measures;  or  shall  purposely  alter 


152  LAWS   CONCEBNING   WEIGHTS  AND  MEASUBES 

any  beam,  scale,  weight,  or  measure,  so  that  the  capacity  is  dim- 
inished or  increased  after  the  same  shall  have  been  adjusted  and 
stamped;  or  shall,  in  buying  or  selling,  knowingly  use  any  beam, 
scale,  weight,  or  measure,  so  altered,  or  shall  purposely  alter,  any 
beam,  scale,  weight  or  measure  so  as  to  impair  the  adjustment 
thereof  after  the  same  shall  have  been  adjusted  and  stamped;  or 
shall  knowingly  have  in  his  possession  any  beam,  scale,  weight  or 
measure  so  altered  as  aforesaid ;  or  shall  knowingly  buy,  sell,  use,  or 
barter  by  any  beam,  scale,  weight  or  measure,  or  other  weighing 
or  measuring  apparatus  that  has  not  been  duly  adjusted  and  stamped 
as  aforesaid;  or  shall  knowingly  make,  use  or  have  in  possession 
any  false  stamp  or  brand  for  stamping  any  beams,  scales,  weights, 
or  measures,  he  or  they  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall,  for  the  first  offense,  be  fined  not  less  than 
ten  nor  more  than  twenty  dollars  or  imprisoned  for  a  term  not  ex- 
ceeding ten  days,  and,  for  every  subsequent  offense,  be  fined  not  less 
than  twenty  or  more  than  fifty  dollars  or  imprisoned  for  a  term  not 
exceeding  thirty  days.  One  half  of  all  fines  recovered  for  violations 
of  any  of  the  provisions  of  section  8  to  13  [sections  2921  to  2926] 
inclusive,  of  this  chapter  shall  be  paid  by  the  officer  receiving  the 
same  to  the  informer  and  the  other  half  to  the  treasurer  of  New 
Castle  County. 

Sec.  2925  (1883).  Weights  in  public  markets;  penalty. — All  beams, 
scales,  weights  and  measures  tested,  adjusted  and  stamped  under  the 
provisions  of  sections  8  to  13  [sections  2921  to  2926]  inclusive,  of 
this  chapter,  which  shall  be  used  in  the  public  markets  and  market 
houses  of  any  city  or  incorporated  town  in  said  county,  shall  be  liable 
to  be  tested  and  adjusted  by  the  regulator  of  weights  and  measures 
of  such  city  or  town,  but  no  fee  shall  be  charged  therefor :  Provided, 
however,  That  if,  upon  such  testing  and  adjustment,  such  beams, 
scales,  weights,  or  measures  shall  be  found  to  be  false,  the  person 
or  persons  in  whose  possession  the  same  shall  be  found  shall,  in  addi- 
tion to  the  fees  prescribed  by  section  9  [section  2922]  of  this  chapter, 
pay  to  the  regulator  of  weights  and  measures  of  such  city  or  town 
the  fees  allowed  to  such  regulator  for  like  services  under  the  ordi- 
nances and  regulations  of  said  city  or  town. 

Sec.  2926.  New  Castle  County;  regulator  authorized  to  administer 
oaths. — The  said  regulator  of  weights  and  measures  for  New  Castle 
County  is  authorized  and  empowered  to  administer  an  oath  or 
affirmation  to  any  or  all  proprietors  or  owners  of  any  beams,  scales, 
weights  or  measures,  named  in  sections  8  to  12  [sections  2921  to 
2925],  inclusive,  of  this  chapter,  to  ascertain  whether  they  are  used 
for  the  purpose  of  buying  or  selling,  as  is  contemplated  by  said 
sections. 

Sec.  2927,  as  amended  by  laws,  1915,  ch.  216,  p.  635.  Milk-can  inspec- 
tion ;  fees. — It  shall  be  the  duty  of  the  regulator  of  weights  and  meas- 
ures in  each  county  to  inspect  all  bottles  or  cans  used  for  the  ship- 
ment of  milk  or  cream,  and  to  stamp  or  mark  each  bottle  or  can  so 
inspected  by  him,  with  a  stamp  of  inspection  showing  that  the  same 
has  been  inspected  and  that  the  capacity  is  correct,  according  to  the 
standard  measure  for  milk  and  cream  in  this  State  at  the  time  of 
such  inspection.  For  inspecting  each  can  and  stamping,  as  pro- 
vided in  this  section,  the  said  regulator  of  weights  and  measures  shall 


DELAWARE  153 

be  paid  by  the  owner  or  owners  thereof  at  the  time  of  such  inspection, 
the  sum  of  ten  cents:  Provided,  however,  The  provisions  of  2922a, 
section  9a,  of  this  chapter,  shall  extend  to  the  inspection  provided 
by  this  section. 

Sec.  2928  (1883).  Regulators  generally;  keeping  duplicate  standards 
and  balances  in  good  order;  attending  State  chemist  for  regulating 
same. — Each  regulator  of  weights  and  measures  shall  preserve  and 
keep,  in  good  order,  the  duplicate  standards  belonging  to  the  county, 
and  the  balances  furnished  him  for  regulating  weights;  and  he  shall 
attend,  with  said  duplicate  standards,  at  the  office  of  the  State 
chemist,  when  required  by  him  in  writing  so  to  do,  for  the  purpose 
of  having  them  regulated  by  the  originals. 

Sec.  2929  (1909).  Standard  gallon  for  milk;  penalty.— It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  sell  or  offer  for  sale, 
or  to  demand  from  any  person,  firm  or  corporation  offering  for  sale, 
either  wholesale  or  retail,  any  milk,  skim  milk  or  cream  according 
to  any  other  standard  of  measurement  than  that  known  as  the  liquid 
or  wine  measure  containing  two  hundred  and  thirty-one  cubic  inches 
to  the  gallon:  Provided,  That  nothing  in  this  section  will  prevent 
the  sale  of  milk,  skim  milk  or  cream  by  weight  or  percentage  of 
butterfat. 

Every  person,  firm  or  corporation  and  every  officer,  agent,  servant 
or  employee  of  such  person,  firm  or  corporation,  who  shall  violate 
any  of  the  provisions  of  this  section,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  or  more  than  one  hundred  dollars,  or  shall  be  imprisoned 
for  a  term  of  not  less  than  ten  or  more  than  thirty  days,  or  both,  at 
the  discretion  of  the  court. 

Sec.  2930.  Standard  bushel  for  charcoal;  standard  measures  by  weight 
of  charcoal. — The  standard  measure  of  charcoal  in  this  State  shall  be 
two  thousand  seven  hundred  and  forty-eight  cubic  inches  for  each 
and  every  bushel  thereof,  and  when  sold  by  weight,  a  bushel  shall 
be  twenty  pounds,  commercially  dry. 

Laws,  1921,  ch.  190,  p.  622. 

Sec.  4.  Food,  misbranding. — *  *  *  That,  for  the  purposes  of  this 
act,  an  article  shall  also  be  deemed  to  be  misbranded :    *    *    * 

In  the  case  of  food:    *    *    * 

3.  If  in  package  form,  the  quantity  of  the  contents  be  not  plainly 
and  conspicuously  marked  on  the  outside  of  the  package  in  terms  of 
weight,  measure,  or  numerical  count. 

Revised  Code,  1915,  ch.  82,  p.  1361. 

Sec.  2931°.  Mason  work;  rules  for  measurement  of. — The  following 
shall  be  the  rules  for  the  measurement  of  mason  work  in  this  State : 

The  units  of  measurement  shall  be  as  follows : 

1.  For  excavation,  the  cubic  yard;  for  concrete  foundation,  the 
cubic  yard;  for  concrete  floors,  the  superficial  foot;  for  dimension 
stone  footings,  the  superficial  foot;  for  dimension  stone  bridge 
masonry,  the  cubic  foot;  for  dimension  stone  surface  dressing,  the 
superficial  foot,  extra  price;  for  rubble  work,  the  perch  of  twenty- 
four  and  three-quarters  cubic  feet ;  for  rubble  work  surface  dressing, 
the  superficial  foot,  extra  price;  for  brick  work,  the  thousand  brick; 


154  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

for  plastering  plain  surfaces,  the  superficial  yard;  for  plastering 
cornices,  the  running  and  superficial  foot. 

2.  A  perch  of  stone  shall  contain,  when  measured  in  the  wall, 
twenty-four  and  three-quarters  cubic  feet;  when  measured  in  square 
piles  on  the  ground,  twenty-seven  cubic  feet;  when  measured  in 
boats,  thirty  cubic  feet;  when  measured  in  cars,  thirty-one  and  one- 
half  cubic  feet.  All  stone  to  be  measured  in  the  wall  when  prac- 
ticable. 

Any  mason  work  contracted  for,  in  which  the  contractor  agrees 
to  furnish  both  materials  and  labor  at  a  stated  sum  per  perch,  shall 
be  measured  and  computed  according  to  the  following  rules  gov- 
erning the  measurement  of  mason  work,  i.  e.,  mason  measure  shall 
be  the  basis  of  settlement. 

3.  Excavation. — All  excavation  to  be  measured  and  computed  by 
the  actual  amount  of  material  displaced.  No  allowance  for  re- 
handling.    Walls  to  be  measured  by  the  lineal  foot  in  depth. 

4.  Concrete. — Foundation,  measure  actual  contents.  Floor,  meas- 
ure actual  surface  laid,  except  that  no  deduction  be  made  for  open 
tile  drains. 

5.  Dimension  Stone. — Footings  to  be  measured  each  course  sepa- 
rately. No  deductions  for  drain  or  other  openings  under  walls  two 
feet,  or  less,  in  width.  Bridge  masonry,  compute  actual  cubic  con- 
tents.    Surface  dressing  of  all  kinds  extra. 

6.  Rubble  Work. — Footings  to  be  measured  by  actual  cubic  con- 
tents. Footings  are  all  such  foundation  courses  not  exceeding  six- 
teen inches  in  height  as  are  wider  than  the  body  of  wall  above. 

7.  Walls. — Compute  actual  contents  and  for  each  angle  or  cor- 
ner of  ninety  degrees  in  a  vertical  wall,  add  two  cubic  feet  for  each 
foot  in  height  of  the  wall,  if  the  wall  is  battered  add  two  and  one- 
half  cubic  feet  for  each  foot  in  height.  For  each  angle  of  more 
or  less  than  ninety  degrees  in  any  wall,  add  two  feet  in  length  of 
wall. 

8.  Partition  Walls. — Intersections  of  walls,  measure  actual  con- 
tents of  the  walls  and  add  one  cubic  foot  for  each  foot  in  height 
for  each  angle  made  by  the  faces  of  the  intersecting  walls. 

9.  Circular  Walls. — For  round  walls,  for  length  of  walls,  take 
one  and  one-fourth  times  the  girt  measure. 

10.  Pilasters  and  Projections. — All  projections,  such  as  chim- 
ney breasts,  piers  connected  with  walls  and  pilasters,  to  be  meas- 
ured actual  cubic  contents  and  add  thereto  one  cubic  foot  for  each 
intersection  of  the  sides  of  such  projection  with  the  wall,  and  two 
cubic  feet  for  each  outer  corner  for  each  foot  in  height.  If  such  pro- 
jections are  battered  on  the  outer  face,  add  two  and  one-half  cubic 
feet  instead  of  two  cubic  feet  for  each  outer  corner  for  each  foot  in 
height. 

11.  Piers. — Square  or  polygon  piers,  to  be  measured  actual  cubic 
contents ;  if  vertical,  two  cubic  feet  to  be  added  for  each  corner  for 
each  foot  in  height.  If  battered,  add  instead  two  and  one-half 
cubic  feet  for  each  corner  for  each  foot  in  height. 

12.  Round  piers,  add  three  feet  to  the  measured  diameter  of  the 
pier,  and  compute  the  contents,  with  this  sum  used  as  the  diameter, 
the  height  to  be  taken  as  measured. 

13.  Stepped  piers  or  piers  with  vertical  off-sets. 


DELAWARE  155 

Stepped  piers  or  piers  diminishing  from  the  bottom  by  off-sets 
shall  Toe  computed  by  the  above  rule  No.  10.  And  also  add  the 
sum  of  the  areas  of  the  level  surface  of  the  several  steps  (excepting 
the  top  of  the  pier)  multiply  by  one  foot  in  height. 

Provided,  however,  That  all  such  parts  of  independent  piers  as 
are  six  inches  or  more  below  the  surface  of  the  ground  are  to  be 
computed  actual  contents,  and  one  cubic  foot  added  for  each  foot 
in  height  or  depth. 

14.  Recesses  and  Slots. — All  recesses  and  slots  to  be  measured 
solid,  and  in  addition  thereto  allow  one  cubic  foot  for  each  foot 
in  height. 

15.  Arches. — Stone  arches  are  classed  as  cut  stone  work. 

16.  Openings. — Deduct  contents  of  windows,  doors  and  other 
openings,  measuring  from  top  of  sill  to  spring  of  arch,  and  add 
three  cubic  feet  for  each  jamb  for  each  foot  in  height  of  opening. 
No  deduction  to  be  made  for  cut  stone  trimmings  and  lintels. 

17.  Jambs. — For  any  jamb,  caused  by  differences  in  heights  in 
parts  of  the  same  wall,  or  in  adjacent  walls,  except  in  junctions  of 
partition  walls,  add  two  cubic  feet  for  each  foot  in  height. 

18.  Change  in  Height  of  Walls  After  Having  Been  Leveled. — 
Compute  the  additional  amount  of  masonry  and  add  thereto  one 
foot  in  height  of  wall. 

19.  Gables. — Gables  to  be  computed  one  and  one-half  times  the 
actual  contents. 

20.  Beam  Filling. — For  beam  filling,  on  level  walls,  add  one  foot 
in  height  of  wall;  on  gable  add  one  foot  in  height  of  wall  by  the 
extreme  width  of  gable  at  its  base. 

21.  Minimum  Height  and  Thickness  of  Wall. — No  wall  to  be 
computed  at  less  than  eighteen  inches  in  thickness,  nor  one  foot  in 
height. 

22.  Brickwork. — Compute  the  actual  number  of  bricks  laid. 
When  in  the  wall  and  practicable,  the  number  of  bricks  to  be  esti- 
mated by  actual  count;  when  not  practicable  to  so  count  them  the 
following  rule  to  be  taken  as  a  basis  for  estimating  the  number,  viz : 
Every  superficial  foot  of  one-half  brick  (four  and  one-half  inches) 
wall  to  be  estimated  at  six  and  one-half  bricks;  of  one  brick  (nine 
inches)  wall  at  thirteen  bricks,  etc.  Increase  the  number  of  bricks 
by  six  and  one-half  bricks  for  every  additional  half  brick  in  thickness 
of  wall. 

23.  Measurement  of  Partt  Walls. — Party  walls  to  be  measured 
according  to  the  above  rules,  and  joist  holes  to  be  charged  at  the  rate 
of  fifteen  cents  each. 

24.  Plastering  and  Lathing. — To  be  measured  by  the  superficial 
yard  from  floor  to  ceiling  for  walls,  and  from  wall  to  wall  of  ceiling. 

25.  Corners,  Beads,  Etc. — All  corners,  angles,  beads,  quinks,  rule 
joints  and  mouldings  to  be  measured  by  the  lineal  foot  on  their 
longest  extension.    Add  one  foot  for  each  stop  or  mitre. 

26.  Cornices. — Length  of  cornices  to  be  measured  on  walls. 
Plain  cornices,  of  two  feet  girt,  or  less,  to  be  measured  on  walls  by 
the  lineal  foot.  Plain  cornices  exceeding  two  feet  girt  to  be  meas- 
ured by  the  superficial  foot.  Add  one  lineal  foot  by  girt  for  each 
stop  or  mitre.  Enriched  cornices  (cast  work)  by  the  lineal  foot  for 
each  enrichment. 


156  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

27.  Arches,  Corbels,  etc. — Arches,  corbels,  brackets,  rings,  center 
pieces,  pilasters,  capitals,  vases,  rosettes,  basses,  pendants,  and  niches 
by  the  piece. 

28.  Openings. — Openings  in  plastering  to  be  measured  between 
grounds.  No  deduction  to  be  made  for  opening  of  nine  feet  or  less. 
For  openings  of  more  than  nine  feet  square,  deduct  contents  of  open- 
ings. 

Sec.  2932  (1898).  Standard  loaf  of  bread;  short  loaves. — All  loaves  of 
bread  manufactured  from  wheat  flour  in  whole  or  in  part,  sold  or 
offered  for  sale  in  this  State  by  the  baker  or  manufacturers  thereof 
or  by  any  other  person  whether  wholesale  or  retail  shall  weigh  at 
least  one  pound  avoirdupois  weight. 

If  any  baker  or  manufacturer  of  bread  into  loaves  from  wheat 
flour  in  whole  or  in  part,  or  any  other  person  shall  in  this  State  sell 
or  offer  to  sell  to  any  person  any  such  loaf  of  said  bread  that  shall 
weigh  less  than  one  pound  avoirdupois  weight  he,  she  or  they,  or 
it  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  forfeit  and  pay  to  the  county  wherein  such  sale  or  offer  to  sell 
is  made,  a  fine  of  not  less  than  five  dollars,  and  not  more  than 
twenty-five  dollars  and  upon  default  of  the  payment  of  said  fine 
shall  be  imprisoned  in  the  county  jail  not  exceeding  thirty  days. 

Sec.  2933,  as  amended  by  Laws,  1921,  ch.  180,  p.  575.  Berry  cups; 
hampers;  barrels;  peach  and  summer  apple  baskets;  standards  of,  use  of; 
measures,  how  marked;  when  standards  not  used;  as  a  misdemeanor, 
penalty. — The  standard  pint  basket  or  cup  for  fruit  and  berries  in 
this  State  shall  contain  a  full  pint.  The  standard  quart  basket  or 
cup  for  fruit  and  berries  in  this  State  shall  contain  a  full  quart. 
The  standard  hamper  in  this  State  shall  hold  a  full  bushel.  The 
standard  barrel  for  fruit  and  produce  shall  hold  eleven  pecks.1  The 
standard  peach  basket  shall  hold  one-half  of  a  bushel.  For  the 
summer  apple  the  standard  basket  shall  hold  one  bushel.  The  stand- 
ard basket  for  all  potatoes,  tomatoes,  turnips,  onions  and  cabbage 
shall  hold  five-eighths  of  a  bushel. 

In  measuring  all  forms  of  fruit  and  produce  dry  measure  shall 
be  used. 

Every  person  or  corporation  in  this  State  handling,  shipping  or 
selling  fruit  or  produce  in  cups  or  baskets,  hampers,  barrels,  peach 
baskets,  summer  apple  baskets,  and  all  potato,  tomato,  turnip,  onion 
and  cabbage  baskets  shall  use  the  standard  cup  or  basket,  hamper, 
barrel,  peach  basket,  summer  apple  basket,  or  potato,  tomato,  turnip, 
onion  or  cabbage  basket,  or  if  he  or  it  shall  use  a  different  size  from 
that  herein  designated  as  standard  for  any  of  these  fruits  or  produce, 
he  shall  clearly  mark  upon  the  outside  of  such  cup  or  basket,  hamper, 
barrel,  peach  basket,  summer  apple  basket  or  potato,  tomato,  turnip, 
onion  or  cabbage  basket,  in  figures  not  less  than  one  inch  in  height 
the  exact  amount  which  such  cup  or  basket,  hamper,  barrel,  peach 
basket,  summer  apple  basket  or  potato,  tomato,  turnip,  onion  or 
cabbage  basket  does  hold. 

Whoever  shall  violate  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
a  sum  not  less  than  ten  dollars  for  each  offense. 

1  See  footnote,  p.  20,  relative  to  Federal  standard  barrel  law. 


DELAWARE  157 

Sec.  2934,  as  amended  by  Laws,  1919,  ch.  196,  p.  522.  Standard  ton  of 
coal  to  contain  2,240  pounds  avoirdupois ;  violation  a  misdemeanor ;  fraud 
in  sale  of  coal  and  ice. — The  legal  standard  ton  for  coal  in  this  State 
shall  be  two  thousand  two  hundred  and  forty  pounds  avoirdupois 
weight;  any  coal  dealer  or  other  person  selling  or  sending  out  into 
the  highways,  lanes,  or  streets  of  this  State,  or  any  city  or  town  of 
this  State,  or  otherwise  disposing  of  a  load  of  coal  containing  less 
than  two  thousand  two  hundred  and  forty  pounds  avoirdupois  for 
a  ton,  except  when  delivering  fractions  of  a  ton,  or  if  delivering 
a  fraction  of  a  ton  and  said  fraction  of  a  ton  contains  less  relatively 
than  the  legal  standard  of  two  thousand  two  hundred  and  forty 
pounds  avoirdupois,  the  dealer  or  other  person  so  acting  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  compelled  to  pay  a  fine  of  fifty  dollars. 

And  every  person,  firm  or  corporation  delivering  or  attempting 
to  deliver  in  the  way  of  sale  in  Kent  or  Sussex  County  of  this  State 
any  quantity  of  coal  or  ice  purporting  to  be  of  a  greater  net  weight 
than  the  same  shall  actually  be  at  the  time  of  delivery  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  one  hundred  dollars  for  the  first  offense,  which  fine  shall 
be  doubled  for  any  second  offense  and  doubled  progressively  for  each 
subsequent  offense  thereafter,  which  penalty  shall  in  Kent  and 
Sussex  Counties  be  in  lieu  of  the  penalty  prescribed  by  the  fore- 
going paragraph  of  this  section. 

Sec.  2935°.  Measure  for  oysters  sold  in  shell. — The  measure  for  oysters 
sold  in  the  shell  by  the  bushel,  shall  be  as  provided  by  section  129 
[section  2486]  of  chapter  seventy-four. 

Rev.  Code,  1915,  ch.  74,  p.  1146. 

Sec.  2486  (1899).  Measures  for  oysters  sold  in  shell;  violation;  misde- 
meanor; penalty. — All  oysters  sold  in  the  shell  by  the  bushel  measure 
in  this  State,  shall  be  measured  in  a  circular  bushel  tub  with  straight 
sides  and  straight  solid  bottom,  and  said  tub  shall  have  the  following 
dimensions,  viz:  Fifteen  inches  in  diameter  across  the  top  from  in- 
side to  inside,  and  thirteen  inches  and  three-quarters  across  the  bot- 
tom from  inside  to  inside,  and  twenty  inches  diagonal  from  inside 
chime  to  top.  Any  person  or  persons  engaged  in  buying  or  selling 
oysters  in  this  State  and  measuring  the  same  in  any  measure  con- 
trary to  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  ten  dol- 
lars and  costs.  The  person  or  persons  upon  failure  to  pay  said  fine 
shall  be  imprisoned  for  a  term  of  not  less  than  twenty  days  nor  more 
than  thirty  days  in  the  county  jail.  The  proceeds  to  go  one-half  to 
the  informer  and  one-half  to  be  paid  over  to  the  collector  of  oyster 
revenue,  for  the  use  of  the  State.  Any  justice  of  the  peace  in  any 
county  of  this  State  shall  have  jurisdiction  to  hear  and  determine  all 
violations  of  this  section  with  the  power  to  enforce  its  provisions. 

Rev.  Code,  1915,  ch.  113,  p.  1721. 

Sec.  3782°.  Standard  weights;  custody,  etc. — The  prothonotary  shall 
preserve  and  keep  in  good  order  the  duplicate  standards  of  weights 
and  measures  deposited  in  his  office;  but  he  shall  allow  the  regula- 
tor of  weights  and  measures  of  his  county  free  access  to,  and  use  of, 
the  said  duplicates,  and  the  occasional  custody  of  them,  as  may  be 
required  for  the  discharge  of  his  duties. 


158  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Revised  Code,  1915,  ch.  83,  p.  1372. 

Sec.  2936°.  Wheat,  Indian  corn,  and  Indian  meal;  weight  of  bnshel. — 
When  wheat,  or  Indian  corn,  is  sold  by  the  bushel,  and  there  is 
no  special  agreement  as  to  the  measurement,  or  weight  thereof,  the 
bushel  shall  consist  of  sixty  pounds  of  wheat,  and  fifty-six  pounds 
of  corn.  Whenever  Indian-corn  meal  shall  be  sold  by  the  bushel, 
and  no  special  agreement  as  to  the  measurement  or  weight  thereof 
shall  be  made  by  the  parties,  the  bushel,  if  sifted,  shall  consist 
of  forty-four  pounds,  and  if  unsifted  the  bushel  shall  consist  of 
forty-eight  pounds. 

Sec.  2937.  Regulation  and  size  of  casks  for  exportation;  packages  of 
meal ;  hogshead. — All  casks  for  the  exportation  of  breadstuffs  shall  be 
made  of  good  seasoned  materials,  well  hooped  and  nailed,  and  shall 
be  of  the  following  sizes,  viz:  No.  1,  27  inches  long,  I6V2  inches 
diameter  at  the  head,  and  to  contain  196  pounds ;  No.  2,  22%  inches 
long,  12%  inches  diameter,  and  to  contain  98  pounds;  and  if  any 
person  shall  export  from  New  Castle  County  to  any  foreign  port, 
or  place,  beyond  the  United  States,  or  shall  sell  for  such  exporta- 
tion any  wheat  flour,  rye  flour,  or  middlings  of  wheat,  packed  in 
casks  made  of  unseasoned  materials,  or  of  other  dimensions,  or 
of  less  weight  per  cask,  than  these  respectively,  he  shall  forfeit  and 
pay  to  the  flour  inspector  forty  cents  per  cask,  and  shall  have  remedy 
over  for  damages  against  the  miller,  or  cooper,  who  furnished  the 
same. 

Indian-corn  meal,  made  from  corn  sufficiently  kiln-dried,  shall 
be  packed  for  exportation  from  New  Castle  County,  or  from 
Middleford,  or  Seaford  in  Sussex  County,  to  any  foreign  port,  or 
any  port  in  the  United  States  where  there  are  no  inspection  laws, 
in  strong  tight  hogsheads,  made  of  good  seasoned  white,  or  red 
oak,  well  hooped  and  secured — the  staves  forty-one  inches  long, 
twenty-seven  inches  diameter  at  the  head  and  to  contain  800  pounds 
net,  or  in  casks  twenty-six  inches  long,  16y2  inches  diameter  and 
to  contain  196  pounds,  or  in  half  barrels  22  inches  long,  12y2 
inches  diameter,  and  to  contain  98  pounds,  under  the  same  penalty 
herein  provided  for  flour;  except  that  wheat  flour,  or  kiln-dried 
Indian-corn  meal,  may  be  exported  in  sacks,  or  packages,  if  in- 
spected and  passed,  and  the  same  fees  paid  for  inspection  as  in 
proportion  for  barrels. 

Sec.  2938.  Brands  to  be  used. — Each  miller  shall  brand,  or  mark, 
with  his  own  name,  or  some  name  by  which  it  may  be  distinguished 
as  his,  every  cask,  or  hogshead,  of  breadstuffs  manufactured  by  him 
for  exportation,  and  mark  the  kind  and  quality,  and  weight,  tare 
and  net,  under  penalty  of  twenty  cents  for  each  cask,  or  hogshead, 
not  branded,  to  anyone  who  will  sue  for  the  same;  and  if  any  per- 
son shall  mark  a  false  weight,  or  wrong  tare,  to  the  disadvantage 
of  the  purchaser,  he  shall  forfeit  and  pay  to  the  inspector  one  dollar 
for  each  cask,  or  hogshead,  so  falsely  branded. 

Sec.  2940  (1899).  Weight  of  flour  or  meal  to  be  marked;  penalty;  mis- 
branding.— Each  and  every  bag,  package,  parcel  or  box  of  flour  or 
grain  meal  of  any  kind  exposed  or  offered  for  sale  to  consumers  in 
this  State  shall  have  marked  or  printed  prominently,  distinctly  and 
conspicuously  thereon  the  correct  and  exact  weight  in  avoirdupois 


DELAWARE  159 

of  the  flour  or  other  grain  meal  contained  in  such  bag,  package, 
parcel  or  box. 

It  shall  be  unlawful  for  any  person  or  persons,  firm  or  firms, 
corporation  or  corporations  to  offer  or  expose  for  sale,  any  bag, 
package,  parcel  or  box  of  flour  or  any  kind  of  grain  meal,  unless 
the  same  has  printed  or  marked  thereon  as  aforesaid  the  exact  and 
correct  weight  as  aforesaid.  Every  person  or  firm  or  firms  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  forfeit  and  pay  a  fine 
of  twenty-five  dollars,  besides  the  costs  of  suit. 

If  any  person  or  persons,  firm  or  firms,  corporation  or  corporations 
shall  print  or  mark  the  weight  of  flour  or  other  grain  meal  on  any 
such  bag,  package,  parcel  or  box  as  aforesaid  falsely  or  incorrectly 
or  in  any  way  to  deceive  the  public,  such  person  or  persons,  firm  or 
firms,  corporation  or  corporations,  shall  upon  conviction  thereof, 
forfeit  and  pay  a  fine  of  twenty-five  dollars  besides  the  costs  of 
suit. 

Revised  Code,  1915,  ch.  21,  p.  313. 

Sec.  697,  as  amended  by  Laws,  1921,  ch.  33,  p.  142.  Commercial  feeding 
stuffs,  how  marked. — 48J.  Every  lot  or  parcel  of  commercial  feeding 
stuffs  sold,  offered  or  exposed  for  sale,  or  distributed  within  this 
State  shall  have  affixed  thereto  a  tag  or  label,  in  a  conspicuous 
place  on  the  outside,  containing  a  legible  and  plainly  written  state- 
ment in  the  English  language,  clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel ; 

(b)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer  or 
person  responsible  for  placing  the  commodity  on  the  market ;     *     *     * 

Revised  Code,  1915,  ch.  22,  p.  333. 

Sec.  699,  as  amended  by  Laws,  1917,  ch.  48,  p.  127.  Commercial  fer- 
tilizer; net  weight  to  be  marked. — Every  person  who  shall  sell,  offer  or 
expose  for  sale,  or  have  in  his  possession  with  intent  to  sell,  in  this 
State,  any  commercial  fertilizer  or  manure,  shall  affix  conspicuously 
to  every  package  thereof  a  plainly  printed  statement,  clearly  and 
truly  certifying  the  number  of  net  pounds  of  fertilizer  in  the  pack- 
age, the  name,  brand  or  trade-mark  under  which  the  fertilizer  is 
sold,  the  name  and  address  of  the  manufacturer,  the  place  of  manu- 
facture    *     *     *. 

Laws,  1923,  ch.  54,  p.  123. 

Sec.  2.  All  liming  materials  to  be  labeled;  net  weight. — Any  person, 
manufacturer,  corporation,  dealer,  agent  or  importer  that  shall 
sell,  offer  or  expose  for  sale  any  liming  material  to  be  used  in  agri- 
culture in  this  State  shall  affix  or  cause  to  be  affixed  to  every  pack- 
age or  sample  or  lot  of  such  liming  material  in  a  conspicuous  place 
on  the  outside  thereof  a  tag,  label,  stencil  or  certificate,  which  shall 
be  accepted  as  a  guarantee  of  the  person,  importer,  manufacturer, 
corporation  or  agent,  and  Avhich  shall  have  plainly  printed  thereon 
in  the  English  language  the  following  information : 

1.  The  "net  weight  of  the  package  or  sample,  excluding  goods 
shipped  in  bulk. 

******* 

517—26 11 


160  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Laws  of  1919,  ch.  125,  p.  281. 

Sec.  1.  Wilmington  coal-weighing  stations;  penalty  for  short  weigh- 
ing.— That  the  council  of  the  mayor  and  council  of  the  city  of 
Wilmington  be  and  it  is  hereby  empowered  to  establish  and  main- 
tain coal  weighing  stations  in  the  city  of  Wilmington  and  pre- 
scribe and  collect  a  penalty  for  short- weight  selling  thereof. 

Laws,  1903,  ch.  400,  p.  831. 

Sec.  1.  Inspector  of  plumbing  in  Wilmington  to  be  also  gas  inspector. — 
From  and  after  the  first  day  of  May,  A.  D.  1903,  the  inspector  of 
plumbing,  of  the  city  of  Wilmington,  shall  assume  the  duties  of  gas 
inspector  in  and  for  the  said  city,  and  shall  perform  the  duties 
hereinafter  provided  for. 

Sec.  8.  Inspection  of  meter  upon  application  of  consumer. — Any  con- 
sumer of  gas  can  have  his  meter  tested  under  the  supervision  of  the 
gas  inspector  upon  filing  application  for  same.  If  meter  proves 
correct  in  accordance  with  United  States  standard,  the  applicant 
shall  pay  costs  of  said  test:  Provided  however,  The  cost  shall  not 
exceed  fifty  cents.  If  the  said  meter  should  not  conform  to  above 
standard  the  costs  of  said  test  shall  be  borne  by  the  gas  company. 

Sec.  9.  Fees  to  be  paid  to  city  treasurer. — All  fees  so  collected  shall 
be  paid  monthly  into  the  treasury  of  the  city  of  Wilmington. 

Laws,  1921,  ch.  36,  p.  155. 

Sec.  2.  Babcock  test. — It  shall  be  unlawful  for  any  person,  associa- 
tion, copartnership,  or  corporation,  their  agents  or  servants,  en- 
gaged in  the  business  of  buying  milk  or  cream  on  the  basis  of,  or  in 
any  manner  with  reference  to,  the  amount  or  percentage  of  butter- 
fat  contained  therein,  to  underread,  overread,  or  otherwise  fraud- 
ulently manipulate  the  test,  commonly  known  as  the  "  Babcock  test," 
used  for  determining  the  percentage  of  such  fat  in  said  milk  or 
cream,  or  to  falsify  the  record  thereof,  or  to  make  the  "Babcock" 
reading  except  when  the  fat  has  a  temperature  of  one  hundred  thirty 
degrees  to  one  hundred  forty-five  degrees  Fahrenheit,  or  to  use  for 
such  test  quantities  other  than  seventeen  and  six-tenths  (17.6)  cubic 
centimeters  in  the  case  of  milk,  and  nine  (9)  grams  or  eighteen  (18) 
grams  in  the  case  of  cream.  In  all  tests  of  cream,  the  cream  shall 
be  weighed  and  not  measured  into  the  test  bottle. 

Sec.  3.  Standard  Babcock  test  glassware. — No  person,  association,  co- 
partnership, or  corporation,  purchasing  milk  or  cream,  and  paying 
for  the  same,  on  the  basis  of  the  percentage  of  butterfat  contained 
therein,  shall,  if  the  percentage  of  butterfat  is  ascertained  by  the  said 
"  Babcock  test,"  use  any  test  glassware  except  standard  Babcock  test 
glassware.  If  the  proportion  of  butterfat  is  determined  by  any 
method  other  than  the  "  Babcock  test,"  no  utensil  or  instrument  shall 
be  used  in  such  determination  until  the  same  has  been  inspected  and 
approved  by  the  State  board  of  agriculture. 

Sec.  7.  True  weight  of  milk  or  cream. — No  person,  association,  co- 
partnership, or  corporation,  purchasing  or  selling  milk  or  cream,  or 
both,  by  weight,  and  no  agent  or  servant  of  any  such  person,  associa- 
tion, copartnership,  or  corporation,  shall  fraudulently  use,  as  the 
basis  of  payment  for  such  purchase,  any  weight  other  than  the  true 
weight  of  the  milk  or  cream  so  purchased  or  sold. 


DELAWAKE  161 

Sec.  10.  Penalty. — Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  sentenced  to  pay  a  fine  of  not  more  than  one  hundred 
dollars  ($100),  or  imprisonment  in  the  county  jail  for  not  more  than 
thirty  days,  or  both,  in  the  discretion  of  the  court. 

laws,  1923,  ch.  197,  p.  586. 

Sec.  1.  Eastern  standard  time  for  legal  purposes. — That  from  and 
after  the  passage  of  this  act,  eastern  standard  time  shall  be  the 
standard  time  for  all  official  and  legal  purposes  in  this  State.  All 
State  officials,  county  officials,  courts,  justices  of  the  peace,  schools 
and  banks  shall  conduct  their  respective  offices  and  duties  in  accord- 
ance with  this  provision. 


DISTRICT  OF  COLUMBIA 

41  Stat.,  eh.  118,  p.  1217. 

Sec.  1  (1921),  Department  of  Weights,  Measures,  and  Markets  created, 
superintendent,  appointment,  and  salary;  custody  of  United  States 
standard  weights  and  measures;  assistants,  etc.,  authorized. — That  there 
is  hereby  created  an  executive  department  in  the  government  of  the 
District  of  Columbia  which  shall  be  known  as  the  department  of 
weights,  measures,  and  markets.  Such  department  shall  be  in  charge 
of  a  superintendent  of  weights,  measures,  and  markets,  who  shall  be 
appointed  by  and  be  under  the  direction  and  control  of  the  Commis- 
sioners of  the  District  of  Columbia  and  shall  receive  a  salary  of 
$2,500  per  annum.  He  shall  have  the  custody  and  control  of  such 
standard  weights  and  measures  of  the  United  States  as  are  now  or 
shall  hereafter  be  provided  by  the  District  of  Columbia,  which  shall 
be  the  only  standards  for  weights  and  measures  in  said  District. 

The  commissioners  are  also  authorized  to  appoint,  on  the  recom- 
mendation of  the  superintendent,  such  assistants,  inspectors,  and 
other  employees  for  which  Congress  may,  from  time  to  time,  provide. 

Sec.  2.  Bond  and  oath. — That  the  superintendent  shall,  before  enter- 
ing upon  the  performance  of  his  duties,  give  bond  to  the  District  of 
Columbia  in  the  penal  sum  of  $5,000,  signed  by  two  sureties  or  by  a 
bonding  .company,  to  be  approved  by  the  commissioners,  conditioned 
on  the  faithful  discharge  of  the  duties  of  his  office,  and  shall  take  and 
subscribe  an  oath  or  affirmation  before  the  commissioners  that  he 
will  faithfully  and  impartially  discharge  the  duties  of  his  office, 
which  bond  and  oath  shall  be  deposited  with  the  commissioners. 

Sec.  3.  Powers  conferred;  inspection  of  weights,  measures,  etc.,  every 
six  months ;  approval  or  condemnation  to  be  marked,  etc. ;  unsuitable,  etc., 
devices  to  be  condemned;  use  of  scales,  etc.,  forbidden,  unless  approved 
within  six  months ;  notice  for  inspection  of  unapproved  scales,  etc. ;  port- 
able measures  to  be  inspected ;  peddlers,  etc.,  to  have  weights  tested,  etc., 
semiannually ;  not  applicable  to  Government  devices. — That  the  superin- 
tendent and,  under  his  direction,  his  assistants  and  inspectors,  shall 
have  exclusive  power  to  perform  all  the  duties  provided  in  this  act. 
They  shall,  at  least  every  six  months,  and  oftener  when  the  superin- 
tendent thinks  proper  inspect,  test,  try,  and  ascertain  whether  or  not 
they  are  correct,  all  weights,  scales,  beams,  measures  of  every  kind, 
instruments  or  mechanical  devices  for  weighing  or  measuring,  and 
all  tools,  appliances,  or  accessories  connected  with  any  or  all  such 
instruments  or  mechanical  devices  for  weighing  or  measuing  used 
or  employed  in  the  District  of  Columbia  by  any  owner,  agent,  lessee, 
or  employee  in  determining  the  weight,  size,  quantity,  extent,  area,  or 
measurement  of  quantities,  things,  produce,  or  articles  of  any  kind 
offered  for  transportation,  sale,  barter,  exchange,  hire,  or  award,  or 
the  weight  of  persons  for  a  charge  or  compensation,  and  shall  ap- 
prove and  seal,  stamp  or  mark,  in  the  manner  prescribed  by  the  com- 

162 


DISTBICT   OF   COLUMBIA  16,3 

missioners,  such  devices  or  appliances  as  conform  to  the  standards 
kept  in  the  office  of  the  superintendent,  and  shall  seize  and  destroy 
or  mark,  stamp,  or  tag  with  the  word  "condemned  "  such  as  do  not 
conform  to  the  standards,  and  shall  also  mark  the  date  of  such  con- 
demnation upon  the  same.  Any  weight,  scale,  beam,  measure,  weigh- 
ing or  measuring  device  of  any  kind  which  shall  be  found  to  be  un- 
suitable for  the  purpose  for  which  it  is  intended  to  be  used  or  of 
defective  construction  or  material  shall  be  condemned.  No  person 
shall  use  or,  having  the  same  under  his  control,  shall  permit  to  be 
used  for  any  of  the  purposes  enumerated  in  this  act  any  weight,  scale, 
beam,  measure,  weighing  or  measuring  device  whatsoever  unless  the 
same  has  been  approved  in  accordance  with  the  provisions  of  this 
act  within  six  months  prior  to  such  use,  or  that  does  not  conform  to 
the  standards  kept  in  the  office  of  the  superintendent  of  weights, 
measures,  and  markets,  or  which,  having  been  condemned,  has  not 
thereafter  been  approved  as  provided  in  this  act. 

Any  person  who  shall  acquire  or  have  in  his  possession  after  the 
passage  of  this  act  any  unapproved  scale,  weighing  instrument,  or 
nonportable  measure  or  measuring  device,  subject  to  inspection  or 
test  under  the  provisions  of  this  act,  shall  notify  the  superintendent 
in  writing  at  his  office,  giving  a  general  description  thereof,  and  the 
street  and  number  or  other  location  where  same  may  be  found,  and 
it  shall  be  the  duty  of  the  superintendent  to  cause  the  same  to  be 
inspected  and  tested  within  a  reasonable  time  after  receipt  of  such 
notice.  Any  person  who  shall  acquire  or  have  in  his  possession  after 
the  passage  of  this  act  any  unapproved  portable  measure  or  meas- 
uring device  subject  to  inspection  or  test  shall  cause  the  same  to  be 
taken  to  the  office  of  the  superintendent  for  inspection  and  test. 

Every  peddler,  hawker,  huckster,  transient  merchant,  or  other 
person  with  no  fixed  or  established  place  of  business  shall,  before 
using  any  weight,  scale,  measure,  weighing  or  measuring  device  for 
any  of  the  purposes  enumerated  in  this  act,  cause  the  same  to  be 
taken  to  the  office  of  the  superintendent  for  inspection  and  test  semi- 
annually, and  shall  not  use  for  the  purposes  herein  mentioned  any 
weight,  scale,  measure,  weighing  or  measuring  device  which  has  not 
been  approved  within  six  months  prior  to  the  time  of  such  use. 

Nothing  herein  shall  be  construed  to  require  the  superintendent  to 
test  any  weighing  or  measuring  device  belonging  to  the  United  States. 

Sec.  4.  Use  of  altered  or  repaired  scales,  etc.,  without  inspection,  for- 
bidden; inspection  seals,  etc.,  not  to  be  altered,  etc. — That  no  person 
shall  use  or,  having  the  same  under  his  control,  permit  to  be  used, 
any  weight,  scale,  measure,  weighing  or  measuring  device,  or  any 
attachment  or  part  thereof  after  the  same  has  been  altered  or  re- 
paired without  the  same  having  been  inspected  and  approved  as 
provided  herein  after  such  alterations  or  repairs  have  been  made,  and 
no  persons  shall  alter,  obliterate,  detach,  obscure,  or  conceal  any 
condemnation  seal,  stamp,  mark,  tag,  or  label,  attached  or  impressed 
by  the  superintendent  or  any  of  his  assistants  or  inspectors,  without 
written  permission  of  the  superintendent. 

Sec.  5.  Refusing,  obstructing,  etc.,  tests,  forbidden. — That  no  person 
shall  neglect,  fail,  or  refuse  to  exhibit  any  weight,  scale,  beam,  meas- 
ure, weighing  or  measuring  device,  subject  to  inspection  or  test  under 
the  provisions  of  this  act,  to  the  superintendent  or  any  of  his  assist- 


1^4  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

ants  or  inspectors  for  the  purpose  of  inspection  and  test,  and  no 
person  shall  in  any  manner  obstruct,  hinder,  or  molest  the  superin- 
tendent or  any  of  his  assistants,  inspectors,  or  other  employees  in  the 
performance  of  their  duties. 

Sec.  6.  Detailed  record  of  inspections  to  be  kept. — That  the  superin- 
tendent shall  keep  in  his  office  a  record  of  weighing  and  measuring 
devices  inspected,  which  record  shall  show  the  type  of  device,  the 
name  and  address  of  the  owner,  the  date  of  inspection,  and  whether 
the  same  was  approved  or  condemned.  Such  record  shall  be  open  to 
the  public  during  regular  office  hours. 

Sec.  7.  True  weight,  etc.,  required  of  commodities  sold;  buyer  to  take 
only  actual  weight,  etc. — That  no  person  shall  sell,  offer  for  sale,  keep, 
or  expose  for  sale  anywhere  in  the  District  of  Columbia  any  com- 
modity of  any  kind  as  a  weight,  measure,  or  numerical  count  greater 
than  the  actual  or  true  weight,  measure,  or  numerical  count  thereof, 
and  no  person  shall  take  or  attempt  to  take  more  than  the  actual  and 
true  weight,  measure,  or  numerical  count  of  any  commodity,  when,  as 
buyer,  he  is  permitted  by  the  seller  to  determine  the  weight,  measure, 
or  numerical  count  thereof. 

Sec.  8.  Sales  by  net  weight ;  ton ;  coal. — That  when  any  commodity  is 
sold  by  weight  it  shall  be  net  weight.  When  any  commodity,  except 
coal,  is  sold  by  the  ton,  it  shall  be  understood  to  mean  two  thousand 
pounds  avoirdupois.  Coal  shall  be  sold  by  the  long  ton,  consisting  of 
two  thousand  two  hundred  and  forty  pounds  avoirdupois. 

Sec.  9.  Slot  vending  machines;  regulations  governing;  name  and  ad- 
dress of  owner,  etc. ;  refunds  if  service,  etc.,  not  received. — That  no  per- 
son, firm,  or  corporation  shall  erect,  operate,  or  maintain,  or  cause  to 
be  erected,  operated,  or  maintained  within  the  District  of  Columbia 
any  coin-in-the-slot  machine  or  automatic  vending  device  without 
placing  in  charge  thereof  some  responsible  person.  No  such  machine 
shall  be  maintained  for  use  when  the  same  is  not  in  perfect  working 
order,  and  the  person  in  charge  as  well  as  the  owner  of  such  machine 
or  device  shall  be  held  responsible  for  operating  or  maintaining  any 
such  machine  or  device  which  is  not  in  perfect  working  order.  A 
sign  or  placard  shall  be  placed  on  every  such  machine  or  device  in  a 
conspicuous  place  and  shall  contain  the  name  and  business  address 
of  the  owner  and  of  the  person  in  charge  of  such  machine  or  device, 
and  shall  state  that  the  person  in  charge  of  such  machine  or  device 
will  refund  to  any  person  money  deposited  by  him  for  which  the 
commodity  or  service  promised  expressly  or  impliedly  has  not  been 
received,  and  such  person  shall  so  refund  such  money. 

Sec.  10.  Sales  tickets;  requirements  for  use  of. — That  every  person, 
firm,  or  corporation  shall,  when  a  sales  ticket  is  given  with  a  purchase, 
cause  such  sales  ticket  to  show  the  correct  name  and  address  of  such 
person,  firm,  or  corporation  and  the  weight,  measure,  or  numerical 
count,  as  the  case  may  be,  of  each  commodity  sold  to  the  purchaser, 
and  every  such  person,  firm,  or  corporation  is  hereby  required  to  de- 
liver such  sales  ticket  to  such  purchaser  when  requested  to  do  so  by 
such  purchaser  at  the  time  of  the  sale. 

Sec.  11.  Coal,  charcoal,  and  coke  to  be  sold  by  weight;  delivery  receipts, 
etc. ;  verifying  weight  by  inspectors ;  provisos ;  delivery  of  smaller  quan- 
tities; package  sales;  moisture  limit;  name  of  vendor,  etc.,  on  vehicle. — 
That  it  shall  be  unlawful  to  sell  or  offer  for  sale  in  the  District  of 


DISTRICT  OF  COLUMBIA  165 

Columbia  any  coal,  charcoal,  or  coke  in  any  other  manner  than  by 
weight.  No  person  shall  deliver  or  attempt  to  deliver  any  coal, 
charcoal,  or  coke  without  accompanying  same  by  a  delivery  ticket 
and  a  duplicate  thereof,  the  original  of  which  shall  be  in  ink  or 
other  indelible  substance,  on  each  of  which  shall  be  expressed  dis- 
tinctly in  pounds,  avoirdupois,  the  gross  weight  of  the  load,  the 
tare  of  the  delivery  vehicle  or  receptacle,  and  the  net  weight  of  coal, 
charcoal,  or  coke  contained  in  the  vehicle  or  receptacle  used  in  mak- 
ing delivery,  with  the  name  and  address  of  the  purchaser  and  the 
name  and  address  of  the  person,  firm,  or  corporation  from  whom  or 
which  purchased.  Upon  demand  of  the  superintendent  or  any  of 
his  assistants  or  inspectors  upon  the  person  in  charge  of  the  vehicle 
of  delivery,  the  original  of  these  tickets  shall  be  surrendered  to  the 
official  making  such  demand.  The  duplicate  ticket  shall  be  delivered 
to  the  purchaser  of  said  coal,  charcoal,  or  coke,  or  to  his  agent  or 
representative,  at  the  time  of  delivery  of  such  coal,  charcoal,  or 
coke.  Upon  demand  of  the  superintendent  or  any  of  his  assistants 
or  inspectors,  or  of  the  purchaser  or  intended  purchaser,  his  agent 
or  representative,  the  person  delivering  such  coal,  charcoal,  or  coke 
shall  convey  the  same  forthwith  to  some  public  scale,  or  to  any  legally 
approved  private  scale  in  the  District  of  Columbia,  the  owner  of 
which  may  consent  to  its  use,  and  shall  permit  the  verifying  of  the 
weight,  and  after  the  delivery  of  such  coal,  charcoal,  or  coke  shall 
return  forthwith  with  the  wagon  or  other  conveyance  used  to  the 
same  scale  and  permit  to  be  verified  the  weight  of  the  wagon  or 
other  conveyance:  Provided,  That  when  coal,  charcoal,  or  coke  is 
sold  in  a  quantity  less  than  two  hundred  and  eighty  pounds  and  is 
not  weighed  in  a  wagon,  cart,  or  other  vehicle,  it  shall  be  sufficient 
for  the  seller  to  deliver  to  the  purchaser,  his  agent  or  representative, 
a  ticket  showing  the  name  and  address  of  the  vendor,  the  name  or 
the  purchaser,  and  the  true  net  weight  of  the  coal,  charcoal,  or  coke 
so  sold  or  delivered :  Provided  further,  That  when  coal,  charcoal,  or 
coke  is  sold  in  packages  of  fifty  pounds  or  less,  it  shall  be  sufficient  to 
plainly  mark  each  package  with  the  name  of  the  person,  firm,  or 
corporation  making  such  package  and  the  true  net  weight  of  the 
coal,  charcoal,  or  coke  contained  therein. 

No  coal,  charcoal,  or  coke  shall  be  sold  which  contains  at  the 
time  the  weight  is  taken  more  water  or  other  liquid  substance  than 
is  due  to  the  natural  condition  of  the  coal,  charcoal,  or  coke. 

Every  vendor  of  coal,  charcoal,  or  coke  shall  cause  his  name  and 
address  to  be  conspicuously  displayed  on  both  sides  of  every  vehicle 
used  by  or  for  him  for  the  sale  or  delivery  of  coal,  charcoal,  or  coke. 

Sec.  12.  Ice;  regulations  for  sale  by  weight;  scale  requirements. — That 
it  shall  be  unlawful  to  sell,  within  the  District  of  Columbia,  any 
ice  in  any  manner  other  than  by  weight,  such  weight  to  be  ascer- 
tained at  the  time  of  delivery  of  such  ice,  and  every  person,  or  in 
case  of  a  firm,  copartnership,  or  corporation,  the  person  in  charge 
of  its  business  in  the  District  of  Columbia,  engaged  in  the  sale  of 
ice  shall  keep  on  each  of  his  or  its  wagons  or  other  vehicles  used 
in  the  sale  or  delivery  of  ice,  while  in  use,  a  scale  suitable  for  weigh- 
ing ice  which  has  been  tested  and  approved  in  accordance  with  the 
provisions  of  this  act.  Every  scale  used  for  weighing  ice  in  making 
sales  in  quantities  of  one  hundred  pounds  or  less  shall  have  gradua- 
tions of  one  pound  or  less.    Scales  used  for  weighing  ice  in  making 


166  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

sales  in  quantities  of  more  than  one  hundred  pounds  may  have 
graduations  of  five  pounds  or  less. 

Sec.  13,  as  amended  by  act  of  Aug.  24,  1921.  Bread;  standard  loaf 
adopted;  other  sizes;  labels  required;  details;  scales  at  bakeries,  etc.; 
crackers,  pretzels,  etc.;  proviso;  variance  allowed. — That  the  standard 
loaf  of  bread  manufactured  for  sale,  sold,  offered,  or  exposed  for  sale 
in  the  District  of  Columbia  shall  weigh  one  pound  avoirdupois,  but 
bread  may  also  be  manufactured  for  sale,  sold,  offered,  or  exposed  for 
sale  in  loaves  of  one-half  pound,  one  pound  and  a  half,  or  multiples 
of  one  pound,  but  shall  not  be  manufactured  for  sale,  sold,  offered,  or 
exposed  for  sale  in  other  than  the  aforesaid  weights.  Every  loaf  of 
bread  manufactured  for  sale,  sold,  offered,  or  exposed  for  sale  in  the 
District  of  Columbia  shall  have  affixed  thereon,  in  a  conspicuous 
place,  a  label  at  least  one  inch  square,  or,  if  round,  at  least  one  inch 
in  diameter,  upon  which  label  there  shall  be  printed  in  plain  bold- 
face Gothic  type,  not  smaller  than  twelve  point,  the  weight  of  the 
loaf  in  pound,  pounds,  or  fraction  of  a  pound,  as  the  case  may  be, 
whether  the  loaf  be  a  standard  loaf  or  not,  the  letters  and  figures  of 
which  shall  be  printed  in  black  ink  upon  white  paper.  The  business 
name  and  address  of  the  maker,  baker,  or  manufacturer  of  the  loaf 
shall  also  be  plainly  printed  on  each  such  label.  Every  seller  of 
bread  in  the  District  of  Columbia  shall  keep  a  suitable  scale  which 
shall  have  been  inspected  and  approved  in  accordance  with  the  pro- 
visions of  this  act  in  a  conspicuous  place  in  his  bakery,  bakeshop,  or 
store,  or  other  place  where  he  is  engaged  in  the  sale  of  bread,  and 
shall,  whenever  requested  by  the  buyer,  and  in  the  presence  of  the 
buyer,  weigh  the  loaf  or  loaves  of  bread  sold  or  offered  for  sale. 
Nothing  herein  shall  apply  to  crackers,  pretzels,  buns,  rolls,  scones, 
or  to  loaves  of  fancy  bread  weighing  less  than  one-fourth  of  one 
pound  avoidupois,  or  to  what  is  commonly  known  as  stale  bread, 
provided  the  seller  shall,  at  the  time  the  sale  is  made,  expressly  state 
to  the  buyer  that  the  bread  so  sold  is  stale  bread :  Provided,  That  any 
loaf  of  bread  weighing  within  10  per  centum  in  excess  or  within  4  per 
centum  less  than  standard  weight  shall  be  deemed  of  legal  weight. 

Sec.  14.  Milk;  capacity  of  bottles,  etc. — That  bottles  or  jars  used  for 
the  sale  of  milk  or  cream  shall  be  of  the  capacity  of  one  gallon,  half- 
gallon,  three  pints,  one  quart,  one  pint,  half-pint,  or  one  gill  when 
filled  to  the  bottom  of  the  cap  seat,  stopple,  or  other  designating 
mark.  Such  bottles  or  jars  shall  have  clearly  blown  or  otherwise  per- 
manently marked  in  the  side  of  each  such  bottle  or  jar  or  printed  on 
the  cap  or  stopple  the  name  and  address  of  the  person,  firm,  or  cor- 
poration who  or  which  shall  have  bottled  such  milk  or  cream.  Any 
person  who  uses,  for  the  purpose  of  selling  milk  or  cream,  bottles  or 
iars  which  do  not  comply  with  the  requirements  of  this  section  shall 
be  deemed  guilty  of  using  false  measure. 

Sec.  15.  Standard  dry  commodities  containers  established;  barrel  for 
fruits,  vegetables,  etc.;  dimensions;  proviso;  varying  form;  barrel  for 
cranberries;  sales  in  less  capacities  unlawful;  Climax  baskets  for  grapes, 
etc.;  dimensions;  two-quart  baskets;  four-quart  basket;  twelve-quart 
basket;  six-basket  carrier  crate;  four-basket  flat  crate;  container  for 
berries,  cherries,  beans,  etc.;  lug  boxes;  hampers;  round-stave  baskets; 
apple  box ;  pear  box ;  onion  crate ;  sales  of  fruits,  etc.,  except  in  standard 
containers,  or  weight  or  count,  forbidden;  full  quantity  required;  pro- 


DISTRICT  OF   COLUMBIA  167 

viso;  bunch  vegetables;  kale,  spinach,  etc. — That  standard  containers 
for  the  sale  of  fruits,  vegetables,  and  other  dry  commodities  in  the 
District  of  Columbia  shall  be  as  follows : 

(a)  That  standard  barrel  for  fruits,  vegetables,  and  other  dry 
commodities  other  than  cranberries,  shall  be  of  the  following  dimen- 
sions when  measured  without  distention  of  its  parts:  Length  of 
stave,  twenty-eight  and  one-half  inches;  diameter  of  heads,  seven- 
teen and  one-eighth  inches;  distance  between  heads,  twenty-six 
inches;  circumference  of  bulge,  sixty-four  inches,  outside  measure- 
ment; and  the  thickness  of  staves  not  greater  than  four-tenths  of  an 
inch :  Provided,  That  any  barrel  of  a  different  form  having  a  capacity 
of  seven  thousand  and  fifty-six  cubic  inches  shall  be  a  standard 
barrel.  The  standard  barrel  for  cranberries  shall  be  of  the  following 
dimensions  when  measured  without  distention  of  its  parts:  Length 
of  staves,  twenty-eight  and  one-half  inches ;  diameter  of  head,  sixteen 
and  one- fourth  inches;  distance  between  heads,  twenty-five  and  one- 
fourth  inches ;  circumference  of  bulge,  fifty-eight  and  one-half  inches, 
outside  measurement;  and  the  thickness  of  staves  not  greater  than 
four-tenths  of  an  inch.  It  shall  be  unlawful  to  sell,  offer,  or  expose 
for  sale  in  the  District  of  Columbia  a  barrel  containing  fruits  or 
vegetables  or  any  other  dry  commodity  of  less  capacity  than  the 
standard  barrels  defined  in  this  act,  or  subdivisions  thereof  known 
as  the  third,  half,  and  three-quarter  barrel. 

(b)  Standards  for  Climax  baskets  for  grapes  and  other  fruits  and 
vegetables  shall  be  the  two-quart  basket,  four-quart  basket,  and 
twelve-quart  basket,  respectively. 

The  standard  two-quart  Climax  basket  shall  be  of  the  following 
dimensions:  Length  of  bottom  piece,  nine  and  one-half  inches; 
width  of  bottom  piece,  three  and  one-half  inches ;  thickness  of  bottom 
piece,  three-eighths  of  an  inch;  height  of  basket,  three  and  seven- 
eighths  inches,  outside  measurement;  top  of  basket,  length  eleven 
inches  and  width  five  inches,  outside  measurement.  Basket  to  have 
a  cover  five  by  eleven  inches,  when  a  cover  is  used. 

The  standard  four-quart  Climax  basket  shall  be  of  the  following 
dimensions :  Length  of  bottom  piece,  twelve  inches ;  width  of  bottom 
piece,  four  and  one-half  inches;  thickness  of  bottom  piece,  three- 
eighths  of  an  inch;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches; 
width  six  and  one- fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used. 

The  standard  twelve-quart  Climax  basket  shall  be  of  the  following 
dimensions :  Length  of  bottom  piece,  sixteen  inches ;  width  of  bottom 
piece,  six  and  one-half  inches;  thickness  of  bottom  piece,  seven- 
sixteenths  of  an  inch;  height  of  basket,  seven  and  one-sixteenth 
inches,  outside  measurement;  top  of  basket,  length  nineteen  inches, 
width  nine  inches,  outside  measurement.  Basket  to  have  cover  nine 
inches  by  nineteen  inches,  when  cover  is  used. 

(c)  The  six-basket  carrier  crate  for  fruits  and  vegetables  shall 
contain  six  four-quart  baskets,  each  basket  having  a  capacity  of  two 
hundred  and  sixty-eight  and  eight-tenths  cubic  inches. 

(d)  The  four-basket  flat  crate  for  fruits  and  vegetables  shall  con- 
tain four  three-quart  baskets,  each  basket  having  a  capacity  of  two 
hundred  and  one  and  six-tenths  cubic  inches. 


168  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

(e)  The  standard  box,  basket,  or  other  container  for  berries, 
cherries,  shelled  peas,  shelled  beans,  and  other  fruits  and  vegetables 
of  similar  size  shall  be  of  the  following  capacities  standard  dry  meas- 
ure :  One-half  pint,  pint,  and  quart.  The  one-half  pint  shall  contain 
sixteen  and  eight-tenths  cubic  inches;  the  pint  shall  contain  thirty- 
three  and  six-tenths  cubic  inches;  the  quart  shall  contain  sixty-seven 
and  two-tenths  cubic  inches. 

(/)  Standard  lug  boxes  for  fruits  and  vegetables  shall  be  the  one- 
half  bushel  box  and  the  one-bushel  box. 

The  one-half  bushel  lug  box  shall  be  of  the  following  inside  di- 
mensions: Length,  seventeen  inches;  width,  ten  and  five-tenths 
inches;  depth,  six  inches. 

The  one-bushel  lug  box  shall  be  of  the  following  inside  dimensions : 
Length,  twenty  and  three-fourths  inches;  width,  thirteen  inches; 
depth,  eight  inches;  and  no  lug  box  of  other  than  the  foregoing 
dimensions  shall  be  used  in  the  District  of  Columbia. 

(g)  The  standard  hampers  for  fruits  and  vegetables  shall  be  the 
one-peck  hamper,  one-half  bushel  hamper,  one-bushel  hamper,  and 
one  and  one-half  bushel  hamper. 

The  one-peck  hamper  shall  contain  five  hundred  and  thirty-seven 
and  six-tenths  cubic  inches;  the  one-half -bushel  hamper  shall  con- 
tain one  thousand  and  seventy-five  and  twenty-one  one-hundredths 
cubic  inches.  The  one-bushel  hamper  shall  contain  two  thousand  one 
hundred  and  fifty  and  forty-two  one-hundredths  cubic  inches,  and 
the  one  and  one-half  bushel  hamper  shall  contain  three  thousand 
two  hundred  and  twenty-five  and  sixty-three  one-hundredths  cubic 
inches. 

(A)  The  standard  round-stave  baskets  for  fruits  and  vegetables 
shall  be  the  one-half  bushel  basket,  one-bushel  basket,  one  and  one- 
half  bushel  basket,  and  two-bushel  basket. 

The  one-half -bushel  basket  shall  contain  one  thousand  and  seventy- 
five  and  twenty-one  one-hundredths  cubic  inches.  The  one-bushel 
basket  shall  contain  two  thousand  one  hundred  and  fifty  and  forty- 
two  one-hundredths  cubic  inches.  The  one-and-one-half-bushel 
basket  shall  contain  three  thousand  two  hundred  and  twenty-five 
and  sixty-three  one-hundredths  cubic  inches,  and  the  two-bushel 
basket  shall  contain  four  thousand  three  hundred  and  eighty-four 
one-hundredths  cubic  inches. 

(i)  The  standard  apple  box  shall  contain  two  thousand  one  hun- 
dred and  seventy-three  and  five-tenths  cubic  inches  and  be  of  the 
following  inside  dimensions:  Length,  eighteen  inches;  width,  eleven 
and  one-half  inches;  depth,  ten  and  one-half  inches. 

(j)  The  standard  pear  box  shall  be  of  the  following  inside  dimen- 
sions: Length,  eighteen  inchese;  width,  eleven  and  one-half  inches; 
depth,  eight  and  one-half  inches. 

(k)  The  standard  onion  crate  shall  be  of  the  following  inside  di- 
mensions: Length,  nineteen  and  five-eighths  inches;  width,  eleven 
and  three-sixteenths  inches;  depth,  nine  and  thirteen-sixteenths 
inches. 

(I)  No  person  shall  sell,  offer,  or  expose  for  sale  in  the  District  of 
Columbia  any  fruits,  vegetables,  grain,  or  similar  commodities  in 
any  manner  except  in  the  standard  containers  herein  prescribed  or 
by  weight  or  numerical  count;  and  no  person  shall  sell,  offer,  or  ex- 


DISTRICT  OF   COLUMBIA  169 

pose  for  sale,  except  by  weight  or  numerical  count,  in  the  District  of 
Columbia  any  commodity  in  any  container  herein  prescribed  which 
does  not  contain,  at  the  time  of  such  offer,  exposure,  or  sale,  the  full 
capacity  of  such  commodity  compactly  filled :  Provided,  That  fresh 
beets,  onions,  turnips,  rhubarb,  and  other  similar  vegetables,  usually 
and  customarily  sold  by  the  bunch,  may  be  sold  by  the  bunch. 

All  kale,  spinach,  and  other  similar  leaf  vegetables  shall  be  sold 
at  retail  by  net  weight. 

Sec.  16.  Containers  not  permitted  as  substitutes  for  dry  measure. — 
That  nothing  in  this  act  contained  shall  be  construed  as  permitting 
the  use  as  a  dry  measure  or  substituting  for  a  dry  measure  any  of 
the  following  containers :  Barrels,  boxes,  lug  boxes,  crates,  hampers, 
baskets,  or  climax  baskets;  and  the  use  of  any  such  container  as  a 
measure  is  hereby  expressly  prohibited,  and  the  user  shall  be  fined 
or  imprisoned  as  herein  provided  for  other  violations  of  this  act. 

Sec.  16y2.  Package  form  food;  marking  required;  tolerances  per- 
mitted.— That  no  person  shall  sell,  offer,  or  expose  for  sale  in  the 
District  of  Columbia  any  food  in  package  form  unless  the  quantity 
of  contents  is  plainly  and  conspicuously  marked  on  the  outside  of 
each  package  in  terms  of  weight,  measure,  or  numerical  count.  The 
commissioners  are  authorized  to  establish  and  allow  reasonable  vari- 
ations, tolerances,  and  exemptions  as  to  small  packages. 

Sec.  17.  Firewood. — That  a  cord  of  wood  shall  contain  one  hundred 
and  twenty-eight  cubic  feet.  Wood  more  than  eight  inches  in 
length  shall  be  sold  by  the  cord  or  fractional  part  thereof,  and 
when  delivered  shall  contain  one  hundred  and  twenty-eight  cubic 
feet  per  cord  when  evenly  and  compactly  stacked.  Split  wood, 
eight  inches  or  less  in  length,  may  be  sold  by  such  standard  loads 
as  shall  be  fixed  by  the  commissioners. 

Sec.  18.  Liquid  measures;  standard  contents;  no  other  deemed  legal. — 
That  the  standard  liquid  gallon  shall  contain  two  hundred  and 
thirty-one  cubic  inches;  the  half  gallon,  one  hundred  and  fifteen 
and  five-tenths  cubic  inches;  the  quart,  fifty-seven  and  seventy-five 
hundredths  cubic  inches;  the  pint,  twenty-eight  and  eight  hundred 
and  seventy-five  thousands  cubic  inches;  the  half  pint,  fourteen  and 
four  hundred  and  thirty-seven  thousandths  cubic  inches;  the  gill, 
seven  and  two  hundred  eighteen  thousandths  cubic  inches;  the  fluid 
ounce,  one  and  eight-tenths  cubic  inches;  and  no  liquid  measure  of 
other  than  the  foregoing  capacities,  except  multiples  of  the  gallon, 
shall  be  deemed  legal  liquid  measure  in  the  District  of  Columbia. 

Sec.  19.  Oysters;  fish. — That  shucked  oysters  shall  be  sold  only  by 
liquid  measure  or  numerical  count,  and  whenever  there  is  included 
in  the  sale  b,y  measure  of  shucked  oysters  more  than  10  per  centum 
of  oyster  liquid  or  other  liquid  substance,  the  vendor  shall  be  deemed 
guilty  of  selling  short  measure. 

All  fish  shall  be  sold  by  avoirdupois  weight. 

Sec.  20.  Automatic  measuring  pumps;  regulations  governing  use,  etc.; 
inspection. — That  every  user  of  an  automatic  measuring  pump  or 
similar  device,  shall,  when  the  supply  of  the  commodity  which  he  is 
measuring  for  sale  with  such  pump  or  similar  device,  is  insufficient 
to  deliver  correct  measure  of  such  commodity  by  the  usual  or  cus- 
tomary method  of  operating  such  pump  or  device  or  when,  for  any 
cause  whatever,  such  pump  or  device  does  not,  by  the  usual  or  cus- 
tomary method  of  operating  same,  deliver  correct  measure,  place  a 


170  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

sign  with  the  words,  "  Out  of  use  "  in  a  conspicuous  place  on  such 
pump  or  device  where  it  may  readily  be  seen,  and  shall  forthwith 
cease  to  use  the  same  until  his  supply  of  such  commodity  is  replen- 
ished or  until  such  pump  or  device  is  repaired,  adjusted,  or  other- 
wise put  in  condition  to  deliver  correct  measure.  All  automatic 
measuring  pumps  or  other  similar  measuring  devices  in  use  shall  be 
subject  to  inspection,  and  approval  or  condemnation,  whether  used 
for  measuring  or  not. 

Sec.  21.  Stated  prices;  pro  rata  for  smaller  quantities. — That  whenever 
any  commodity  is  offered  for  sale  at  a  stated  price  for  a  stated 
quantity,  a  smaller  quantity  shall  be  sold  at  a  pro  rata  price  unless 
the  purchaser  is  informed  to  the  contrary  at  the  time  of  sale. 

Sec.  22.  Right  to  inspect  packages,  etc.,  declared. — That  the  superin- 
tendent, or  under  his  direction,  his  assistants  and  inspectors,  shall 
from  time  to  time  weigh  or  measure  and  inspect  packages  or 
amounts  of  commodities  of  whatever  kind  kept  for  sale,  offered  or 
exposed  for  sale,  sold,  or  in  the  process  of  delivery,  in  order  to 
determine  whether  or  not  the  same  are  kept  for  sale,  offered  for 
sale,  or  sold  in  accordance  with  the  provisions  of  this  act,  and  no 
person  shall  refuse  to  permit  such  weighing,  measuring,  or  inspec- 
tion whenever  demanded  by  the  superintendent  or  any  of  his  assist- 
ants or  inspectors. 

Sec.  23.  Dealing  in  weights  etc.,  by  employees,  unlawful. — That  it 
shall  be  unlawful  for  the  superintendent  or  any  employee  of  his 
office  to  vend  any  weights,  measures,  weighing  or  measuring  device, 
or  to  offer  or  expose  the  same  for  sale,  or  to  be  interested,  directly 
or  indirectly,  in  the  sale  of  same. 

Sec.  24.  Police  powers  conferred ;  right  to  enter  premises  except  private 
residences. — That  there  is  hereby  conferred  upon  the  superintendent, 
his  assistants  and  inspectors,  police  power,  and  in  the  exercise  of 
their  duties  they  shall,  upon  demand,  exhibit  their  badges  to  any 
person  questioning  their  authority;  and  they  are  authorized  and 
empowered  to  make  arrests  of  any  person  violating  any  of  the  pro- 
visions of  this  act.  The  superintendent,  his  assistants,  and  inspec- 
tors may,  for  the  purpose  of  carrying  out  and  enforcing  the  provis- 
ions of  this  act  and  in  the  performance  of  their  official  duties,  with 
or  without  formal  warrant,  enter  or  go  into  or  upon  any  stand,  place, 
building,  or  premises,  except  a  private  residence,  and  may  stop  any 
vendor,  peddler,  dealer,  vehicle,  or  person  in  charge  thereof  for  the 
purpose  of  making  inspections  or  tests. 

Sec.  25.  Tolerances  to  be  established;  Federal  statutes  to  govern. — 
That  the  commissioners  are  hereby  authorized  and  empowered  to 
establish  tolerances  and  specifications  for  scales,  weights,  measures, 
weighing  or  measuring  instruments  or  devices,  and  containers  used  in 
the  District  of  Columbia.  The  commissioners  shall  prescribe  and 
allow  for  barrels,  containers,  and  packages,  provided  for  in  this  act, 
the  same  specifications,  variations,  or  tolerances  that  have  been  pre- 
scribed or  established,  or  that  may  hereafter  be  prescribed  or  estab- 
lished for  like  barrels,  containers,  or  packages  by  any  officer  of  the 
United  States  in  accordance  with  any  requirement  of  an  act  of 
Congress. 

Sec.  28.  Public  scales,  regulations  governing. — That  the  commission- 
ers are  authorized  to  appoint  public  weighmasters  and  grant  licenses 


DISTRICT   OP   COLUMBIA  171 

for  the  location  of  public  scales  in  the  District  of  Columbia  under 
such  regulations  as  they  may  prescribe,  and  authorize  such  weigh- 
masters  to  charge  such  fees  as  the  commissioners  may  approve  and 
fix  in  advance,  and  they  may  grant  permits,  revocable  on  thirty  days' 
notice,  for  the  location  of  such  public  scales  on  public  space  under 
their  control.  No  person  other  than  a  duly  appointed  and  qualified 
public  weighmaster  shall  do  public  weighing  or  make  any  charge  or 
accept  any  compensation  therefor. 

Sec.  27.  Authority  of  inspectors,  etc. — That  the  powers  and  duties 
granted  to  and  imposed  on  the  superintendent  by  this  act  are  also 
hereby  granted  to  and  imposed  on  his  assistants  and  inspectors  when 
acting  under  his  instructions. 

Sec.  28.  Supervision  of  public  markets. — That  the  superintendent, 
under  the  direction  of  the  commissioners,  shall  have  supervision  of 
all  produce  and  other  markets  owned  by  the  District  of  Columbia, 
shall  enforce  such  regulations  regarding  the  operation  of  the  same  as 
the  commissioners  may  make,  shall  make  such  investigations  regard- 
ing the  sale,  distribution,  or  prices  of  commodities  in  the  District  of 
Columbia  as  the  commissioners  may  direct,  and  shall  make  reports 
and  recommendations  in  connection  therewith. 

Sec.  29.  Words  construed,  "  commissioners,"  "  superintendent." — That 
wherever  the  word  "  commissioners  "  is  used  in  this  act,  it  shall  be 
construed  to  mean  the  Commissioners  of  the  District  of  Columbia. 
Wherever  the  word  "  superintendent  "  is  used  in  this  act,  it  shall  be 
construed  to  mean  the  superintendent  of  weights  and  measures,  and 
markets. 

Sec.  30.  "  Person,"  singular  or  plural,  interchangeable. — That  the  word 
"person,"  as  used  in  this  act,  shall  be  construed  to  include  copart- 
nerships, companies,  corporations,  societies,  and  associations.  Wher- 
ever any  word  in  this  act  is  used  in  the  singular,  it  shall  be  con- 
strued to  mean  either  singular  or  plural,  and  wherever  any  word  in 
this  act  is  vised  in  the  plural,  it  shall  be  construed  to  mean  either 
plural  or  singular,  as  the  circumstances  demand. 

Sec.  31.  Each  section  and  provision  declared  independent;  invalidity  of 
one  not  to  affect  others. — That  each  section  of  this  act,  and  every  pro- 
vision of  each  section,  is  hereby  declared  to  be  an  independent  sec- 
tion or  provision,  and  the  holding  of  any  section  or  provision  of  any 
section  to  be  void,  ineffective,  or  unconstitutional  for  any  cause  what- 
ever shall  not  be  deemed  to  affect  any  other  section  or  provision 
thereof. 

Sec.  32.  Punishment  for  violations;  jurisdiction  of  police  court. — That 
any  person  violating  any  of  the  provisions  of  this  act  shall  be  pun- 
ished by  a  fine  not  to  exceed  $500,  or  by  both  such  fine  and  imprison- 
ment not  to  exceed  six  months.  All  prosecutions  under  this  act  shall 
be  instituted  by  the  corporation  counsel  or  one  of  his  assistants  in 
the  police  court  of  the  District  of  Columbia. 

Sec.  33.  Operative  in  90  days;  former  laws  repealed;  Vol.  28,  p.  811; 
Vol.  29,  p.  192. — That  this  act  shall  become  operative  ninety  days  after 
its  passage.  The  act  entitled  "An  act  for  the  appointment  of  a 
sealer  and  assistant  sealer  of  weights  and  measures  in  the  District  of 
Columbia,  and  for  other  purposes,"  approved  March  2,  1895,  as 
amended,  and  the  act  entitled  "An  act  defining  the  standard  shape 
and  size  of  dry  measures  in  use  in  the  District  of  Columbia,  and  for 


172  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

other  purposes,"  approved  May  30,  1896,  are  hereby  repealed,  such 
repeal  to  be  effective  when  this  act  becomes  operative. 

30  Stat.,  ch.  30,  p.  765. 

Sec.  3  (1898).  Barrels  for  flour;  dimensions  and  weight  of.- — That  all 
barrels  and  half  barrels  containing  flour,  manufactured  within  the 
District  of  Columbia,  or  brought  to  the  same  for  sale,  shall  be  well 
made,  of  good,  clean  material,  and  tightened  with  ten  or  twelve  hoops, 
sufficiently  nailed  with  four  nails  in  each  chime  hoop,  and  of  the  fol- 
lowing dimensions,  namely :  The  staves  of  all  barrels  to  be  in  length 
not  less  than  twenty-seven  inches;  the  diameter  at  the  head  to  be 
seventeen  inches;  and  the  staves  of  all  half  barrels  to  be  twenty 
inches  in  length,  and  the  diameter  of  the  head  thirteen  inches. 
Flour  barrels  weighing  not  less  than  sixteen  pounds  tared  or  marked 
on  the  branded  head  shall  be  deemed  merchantable. 

Sec.  5.  Weight  of  barrels  of  flour;  packing  less  quantity,  penalty  for; 
barrel  falsely  tared,  penalty  for. — That  every  miller  or  bolter  of  flour 
shall  put  into  barrels  the  quantity  of  one  hundred  and  ninety-six 
pounds,  and  into  half  barrels  the  quantity  of  ninety-eight  pounds; 
and  if  any  miller  or  bolter  of  flour  shall  pack  any  barrel  or  half  bar- 
rel with  a  less  quantity  of  flour  than  by  this  act  is  required,  he 
shall  forfeit,  if  the  deficiency  be  one  pound,  a  sum  not  exceeding 
ten  cents,  and  for  every  pound  above  one  deficient,  twenty-five  cents ; 
and  said  inspectors  are  hereby  required,  whenever  they,  or  either 
of  them,  have  reason  to  suspect  that  any  barrel  or  half  barrel  con- 
taining flour  is  falsely  tared,  to  cause  the  flour  to  be  started  and  the 
barrel  or  half  barrel  weighed ;  and  whenever  it  shall  appear  that  the 
barrel  and  half  barrel  weigh  more  than  they  are  marked  by  the  mil- 
ler or  owner,  the  said  miller  or  owner  shall  forfeit  and  pay  to  the 
said  District  for  each  such  offense  at  the  rate  of  ten  cents  for  every 
pound  after  the  first  that  the  barrel  or  half  barrel  may  weigh  short, 
and  shall  moreover  pay  twenty-five  cents  for  each  and  every  barrel 
or  half  barrel,  unless  on  examination  the  tare  should  prove  correct, 
then  in  that  case  the  cost  and  charges  shall  be  paid  by  the  inspector. 


Pounds  avoirdupois 
per  bushel 

Onions 56 

Salt 60 

Peanuts 22 

Chufas 54 

Eye 56 

Apples,  dried 24 

Apples,  green 48 

Quinces 48 

Peaches,   dried 24 

Peaches,  green 54 

Cottonseed 32 

Cottonseed,  sea  island 44 

Plums 40 

Pears 55 

Guavas 54 


FLORIDA 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  11,  ch.  38,  p.  1207. 

Sec.  2372  (al917).  Standard  weights  and  measures. — The  following 
standards  of  weights  and  measures  shall  be  the  standard  of  weights 
and  measures  throughout  the  State  of  Florida :  One  standard  liquid 
gallon  shall  contain  231  solid  inches. 

The  weights  and  measures  shall  be  as  follows : * 

Pounds  avoirdupois 
per  bushel 

Wheat 60 

Corn,  shelled 56 

Corn  on  cob  with  shuck 70 

Sorghum  seed 56 

Barley  seed 48 

Oats 32 

Bran 20 

Corn  meal 48 

Beans,  shelled 60 

Beans,  velvet,  in  hulls 78 

Beans,  castor,  shelled 48 

Millet  seed 50 

Beggar  weed  seed 62 

Irish  potatoes 60 

Sweet  potatoes 56 

Turnips 54 

Sec.  2373  (1901).  Standard  weights  and  measures  to  be  used  in  con- 
tracts.— All  contracts  hereafter  made  within  this  State  for  work  to 
be  done  or  anything  to  be  sold  or  delivered  by  weight  or  measure 
shall  be  taken  and  construed  according  to  the  standard  of  weights 
and  measures  hereby  adopted  as  the  standard  of  this  State. 

Sec.  2374.  Weight  to  be  marked  on  sacks  of  grain,  etc. — All  mer- 
chants, commission  merchants,  grocers,  provision  dealers,  store- 
keepers and  other  persons,  before  selling  or  offering  for  sale  any 
grain,  flour,  meal,  grits,  corn,  wheat,  rye,  oats,  bran,  beans,  Irish 
potatoes,  sweet  potatoes  or  peanuts,  already  put  up,  packed  or  placed 
in  any  sack,  bag  or  barrel,  in  original  packages  shall  have  marked 
or  stamped  or  stenciled  upon  such  sack,  bag  or  barrel,  so  sold  or 
offered  for  sale,  with  its  contents  in  figures,  at  least  one  inch  in 
length,  the  exact  weight  in  pounds  avoirdupois  of  such  bag,  sack 
or  barrel,  with  its  contents.  If  the  bag,  sack  or  barrel  is  of  a  dark 
or  black  color  such  figures  shall  be  marked,  stamped  or  stenciled  in 
light  colored  ink  or  pencil;  if  the  bag,  sack  or  barrel  is  of  a  light 
color,  then  the  marking,  stamping  or  stenciling  shall  be  in  black  or 
dark  pencil,  but  in  all  cases  the  stamping,  marking  or  stenciling 
shall  be  plain,  legible,  and  placed  conspicuously  on  such  bag,  sack 
or  barrel. 

Sec.  2375  (1905).  Standard  box  or  crate  for  oranges. — That  hereafter 
the  legal  and  standard  box  or  crate  for  oranges  shall  measure  twelve 

1  A  slight  change  has  been  made  In  the  arrangement  for  convenience  of  reference. 

173 


174  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

inches  in  width  and  twelve  inches  in  depth  on  the  inside,  making 
each  end  or  compartment  of  said  box  or  crate,  whenever  the  same 
contains  a  middle  partition,  twelve  inches  in  length,  twelve  inches 
in  depth,  and  twelve  inches  in  width.  No  crate  or  box  intended  for 
the  sale  or  shipment,  or  delivery  for  sale  or  shipment  of  oranges, 
except  of  the  standard  measure  herein  specified,  shall  be  manu- 
factured or  sold. 

Sec.  2376.  Sale  of  oranges  in  boxes  other  than  standard  size;  shipping 
in  half  boxes;  barrels  and  crates  other  size. — Every  box  or  crate  used 
for  the  sale  or  delivery  of  oranges  shall  be  of  the  Florida  standard 
measure,  as  above  provided.  No  person  shall  use  any  crate  or  box 
for  such  sale,  shipment  or  delivery,  except  the  same  be  of  such  stand- 
ard measure :  Provided,  That  nothing  herein  contained  shall  prevent 
the  shipment  or  delivery  of  oranges  for  sale  in  half  boxes  as  herein 
described :  Provided,  That  nothing  in  this  section  shall  prevent  any 
person  shipping  oranges  in  barrels  or  other  crates  over  standard  size. 

Sec.  2377  (1915).  Specifications  for  field  boxes  for  oranges. — That  all 
field  boxes  to  be  used  in  the  sale  of  oranges,  grape  fruit  and  lemons 
by  growers  to  packer  or  buyer  shall  be  of  the  uniform  size  of  twelve 
inches  wide,  thirteen  inches  high,  and  thirty-three  inches  long,  and 
shall  contain  a  middle  partition  not  less  than  three-fourths  of  one 
inch  thick. 

Sec.  2378  (1917).  Standard  crate  for  tomatoes. — That  hereafter  the 
legal  and  standard  crate  for  tomatoes  shall  measure  ten  inches  in 
depth,  eleven  inches  in  width,  and  twenty-four  inches  in  length,  on 
the  outside. 

Sec.  2379.  Basket,  standard  for  tomatoes. — That  hereafter  the  legal 
and  standard  basket  for  use  in  tomato  crates  shall  measure  nine  and 
one-half  inches  long  in  the  bottom,  five  inches  wide  in  the  bottom  and 
four  and  one-half  inches  deep,  all  of  the  last  aforementioned  meas- 
urements being  inside  measurements.  The  length  of  the  inside  of 
the  top  hoop  of  each  basket  shall  be  thirty-two  and  one-half  inches. 

Sec.  2380.  Other  container  prohibited. — No  crate  or  basket  intended 
for  the  sale  or  shipment  or  delivery  for  sale  or  shipment  of  to- 
matoes, except  of  the  standard  measure  herein  specified,  shall  be 
manufactured  or  sold. 

laws,  1925,  ch.  10134,  p.  255. 

Sec.  7.  Inspection  and  test  of  self -measuring  pumps. — That  it  shall  be 
the  duty  of  the  inspectors  [oil  inspectors]  herein  provided  to  famil- 
iarize themselves  with  the  accuracy  adjusting  devices  on  the  various 
makes  of  self-measuring  pumps  in  use  in  the  territory  assigned  to 
them  by  the  commissioner  of  agriculture.  That  they  shall  carefully 
inspect  all  of  such  pumps  located  in  the  territory  assigned  to  them 
at  least  once  every  thirty  days,  that  on  all  such  pumps  found  to  be 
giving  accurate  measure  with  a  variation  of  not  to  exceed  four 
ounces  from  the  actual  measures  on  a  measure  of  five  gallons,  he 
shall  place  a  lead  and  wire  seal,  *  *  *  on  the  adjusting  device 
or  devices  in  such  a  way  that  the  adjustment  cannot  be  altered  with- 
out breaking  the  seal,  any  pump  that  is  found  to  be  giving  inaccurate 
measure  in  excess  of  four  ounces,  the  inspector  shall  then  and  there 
notify  the  operator  of  the  pump,  whether  owner  or  lessee,  to  make 
the  necessary  adjustments,  the  inspector  to  lend  his  assistance  with 


FLORIDA  175 

the  standard  measure  provided  for  testing  such  pumps,  *  *  *  on 
all  pumps  that  have  apparently  been  altered  for  the  purpose  of  giving 
short  measure  in  excess  of  eight  ounces  on  a  measure  of  five  gallons 
or  that  can  not  be  adjusted  within  a  range  of  eight  ounces,  either 
over  or  under,  on  a  measure  of  five  gallons,  the  inspector  shall  notify 
the  operator  of  such  pump,  whether  he  be  owner  or  lessee,  that  it 
must  be  immediately  adjusted,  the  inspector  to  lend  his  assistance 
with  the  standard  measure  for  testing  such  pumps,  should  the  opera- 
tor fail  or  refuse  to  then  and  there  make  such  adjustments  as  are 
necessary  to  bring  the  measure  within  the  allowed  variation,  the  same 
shall  be  condemned  and  dismantled  immediately  by  the  inspector 
examining  the  same,  and  such  pump  shall  not  again  be  allowed  oper- 
ated in  this  State  without  the  written  consent  of  the  commissioner 
of  agriculture.  *  *  *  Any  person,  company,  firm,  or  corpora- 
tion who  shall  reinstall  and  operate  any  pump,  without  the  written 
consent  of  the  commissioner  of  agriculture,  that  has  been  condemned 
by  a  duly  authorized  inspector  herein  provided  because  of  giving 
short  measure  in  excess  of  eight  ounces  to  a  measurement  of  five 
gallons,  shall,  upon  conviction,  be  punished  by  a  fine  of  five  hundred 
($500)  dollars,  and  such  condemned  pump  shall  be  adjudged  for- 
feited to  the  State  of  Florida.  *  *  *  That  on  and  after  the 
passage  of  this  act,  it  shall  be  unlawful  for  any  self -measuring  pump 
which  can  be  secretly  manipulated  in  such  manner  as  to  give  short 
measure  to  be  installed  or  operated  in  this  State.  Any  person,  com- 
pany, firm  or  corporation  who  shall  install  or  operate  a  self-measur- 
ing pump  in  any  of  the  counties  of  this  State,  which  has  devices  or 
other  mechanical  means  used  for  the  purpose  of  giving  short  measure, 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  five  hundred 
($500)  dollars.     *     *     * 

Gen.  Stats.,  1920,  Vol.  2,  Div.  5,  Title  2,  ch.  4,  p.  2539. 

Sec.  5198  (1901).  Merchant  offering  to  sell  grain,  etc.,  without  marking 
sack. — Any  merchant,  commission  merchant,  grocer,  provision  dealer, 
storekeeper  or  other  person,  or  any  officer,  agent,  clerk  or  employee 
of  any  merchant,  commission  merchant,  grocer,  provision  dealer 
or  storekeeper  who  shall  offer  for  sale,  attempt  to  sell  or  sell  any 
of  the  articles  mentioned  in  section  2374,  already  put  up,  placed 
or  packed  in  any  sack,  bag  or  barrel,  in  original  packages,  without 
having  such  sack,  bag  or  barrel  marked,  stamped  or  stenciled  as 
in  the  manner  herein  prescribed  before  offering  for  sale,  attempting 
to  sell  or  selling  the  same,  shall  be  punished  by  fine  not  exceeding 
two  hundred  dollars  for  each  offense,  or  by  imprisonment  not  more 
than  three  months. 

Sec.  5199.  Merchant  selling  by  short  weight. — Any  merchant,  com- 
mission merchant,  grocer,  provision  dealer,  storekeeper,  or  other 
person,  or  any  officer,  agent,  clerk  or  employee  of  any  merchant, 
commission  merchant,  grocer,  provision  dealer  or  storekeeper,  who 
shall  sell  or  dispose  of  any  sack,  bag  or  barrel  with  its  contents, 
containing  any  of  the  articles  mentioned  in  the  preceding  section 
upon  which  the  weight  in  avoirdupois  of  such  sack,  bag  or  barrel 
with  its  contents  has  been  marked,  stamped  or  stenciled  as  provided, 
and  the  weights  so  stamped,  marked  or  stenciled  shall  not  be  the 
true  and  correct  weight  or  such  sack,  bag  or  barrel  with  its  contents, 

617—26 12 


176  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

but  the  weight  so  marked,  stamped  or  stenciled  shall  be  a  greater 
weight  than  the  true  and  correct  weight  of  such  sack,  bag  or  barrel 
with  its  contents,  shall  be  punished  for  each  offense  by  a  fine  not  ex- 
ceeding two  hundred  dollars  or  by  imprisonment  not  more  than  three 
months. 
Gen.  Stats.,  1920,  Vol.  2,  Div.  5,  Title  2,  ch.  10,  p.  2717. 

Sec.  5694  (1832).  Selling  by  false  weights  or  measures. — Whoever 
knowingly  sells  by  false  weight  or  measure,  shall  be  punished  by 
imprisonment  not  exceeding  six  months,  or  by  fine  not  exceeding  one 
thousand  dollars. 

Sec.  5695.  Selling  by  untested  weights  and  measures. — Whoever  re- 
fuses to  have  his  weights  and  measures  tested,  or  refuses  to  pay  the 
fees  for  the  same,  or  whoever,  after  his  weights  and  measures  have 
been  tested,  fails  to  make  them  conform  to  the  standard,  and  keep 
them  conformed,  shall  be  punished  by  imprisonment  not  exceeding 
sixty  days  or  by  fine  not  exceeding  one  hundred  dollars. 

Sec.  5696  (1917).  Selling  tomatoes  in  crates  or  baskets. — Every  crate 
of  basket  used  for  the  sale  or  delivery  of  tomatoes  shall  be  of  the 
Florida  standard  measure  as  provided  by  law,  and  no  person  shall 
use  any  crate  or  basket  for  such  sale,  shipment  or  delivery,  except 
the  same  be  of  such  standard  measure.  This  shall  not  apply  to  local 
persons,  dealers  in  or  growers  of  tomatoes,  or  shipments  within  the 
State.  Any  person  violating  any  of  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars  or 
by  imprisonment  in  the  county  jail  not  exceeding  thirty  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  5697.  Selling  certain  commodities  other  than  by  the  pound. — It 
shall  be  unlawful  for  any  dealer  to  sell,  offer  for  sale,  barter,  ex- 
change, or  otherwise  dispose  of,  any  of  the  different  commodities 
named  in  section  2372  except  by  the  pound,  and  any  person,  firm 
or  corporation  violating  this  section  shall  be  guilty  of  a  misdemeanor. 

Sec.  5698  (1905).  Selling  oranges  in  boxes  not  of  standard  measure. — 
Every  box  or  crate  used  for  the  sale  or  delivery  of  oranges  shall  be 
of  the  Florida  standard  measure,  as  provided  by  law.  No  person 
shall  use  any  crate  or  box  for  such  sale,  shipment  or  delivery,  except 
the  same  be  of  such  standard  measure.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  thirty  days,  or  by  both  such  fine  and  imprison- 
ment: Provided,  That  nothing  herein  contained  shall  prevent  the 
shipment  or  delivery  of  oranges  for  sale  in  half  boxes  as  herein 
described :  Provided,  That  nothing  in  this  section  shall  prevent  any 
person  shipping  oranges  in  barrels  or  other  crates  over  standard 
size. 

Sec.  5699  (1915).  Standard  field  box  for  sale  of  oranges,  grapefruit, 
and  lemons;  penalty  for  violation. — That  all  field  boxes  to  be  used  in 
the  sale  of  oranges,  grapefruit  and  lemons  by  grower  to  packer  or 
buyer  shall  be  of  the  uniform  size  of  twelve  inches  wide,  thirteen 
inches  high  and  thirty-three  inches  long,  and  shall  contain  a  middle 
partition  not  less  than  three-fourths  of  one  inch  thick ;  and  any  per- 


FLORIDA  177 

son,  firm  or  corporation  violating  the  provisions  of  this  section  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment not  exceeding  six  months. 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  10,  ch.  1,  p.  1003. 

Sec.  1870  (1877).  Provisions,  bread,  liquors,  weights  and  measures, 
gunpowder,   etc. — The  city   or  town  council  shall  have  the  power 

*  *     *     to  establish  and  regulate  the  weight  and  assize  of  bread, 

*  *  *  the  gauging  of  liquors,  the  measurement  and  weighing  or 
any  produce  or  merchandise     *     *     *. 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  6,  ch.  3,  p.  625. 

Sec.  1023,  as  amended  by  Laws,  1921,  ch.  8410,  p.  47.—  *  *  * 
Provided,  That  boards  of  county  commissioners  may  themselves 
or  in  conjunction  with  municipalities,  provide  and  install  scales 
or  weighing  machines  for  the  purpose  of  weighing  motor  vehicles, 
trailers  or  semitrailers  and  their  loads. 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  7,  ch.  5,  p.  758. 

Sec.  1254,  as  amended  by  Laws,  1921,  ch.  8588,  p.  411.  Standard  meas- 
ure for  oysters  and  clams;  stamping  measures;  fees. — As  a  standard 
measure,  a  half  barrel  of  oysters  shall  consist  of  a  tub  or  other 
round  vessel  of  the  following  dimensions,  or  the  cubical  equivalent 
thereof,  to  wit :  It  shall  measure  eighteen  and  one-half  inches  inside 
at  the  top,  and  seventeen  inches  from  the  bottom  to  top,  and  twenty- 
five  and  one-half  inches  diagonal,  the  unit  of  such  tub  or  measure 
may  be  in  the  shape  of  an  inverted  frustum  of  a  cone.  Two  of  these 
measures  filled,  rounded  and  banked  shall  make  one  barrel,  and  all 
oysters  or  clams  bought  and  sold  in  this  State  in  the  shell  shall  be 
measured  in  a  measure  of  this  equivalent,  or  measure  holding  a 
fraction  or  multiple  thereof;  and  it  shall  be  unlawful  for  any  person 
to  have  in  his  possession  any  measure  for  oj^sters  or  clams  in  the  shell 
[which]  shall  differ  in  equivalent  size  from  the  measure  herein  pro- 
vided for;  or  demand  or  require  a  cargo  of  less  or  greater  measure 
in  buying  or  selling ;  and  no  vessel  or  measure  shall  be  used  in  buy- 
ing or  selling  oysters  or  clams  until  it  has  been  measured  and  stamped 
by  the  shell  fish  commissioner,  his  agents  or  deputies,  with  a  metal 
tag  or  stamp,  showing  the  quantity  of  oysters  or  clams  such  measure 
will  hold.     *     *     * 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  11,  ch.  4,  p.  1081. 

Sec.  2039  (al913).  Net  contents  to  be  stated. — *  *  *  That  for  the 
purpose  of  this  chapter  an  article  shall  also  be  deemed  to  be  mis- 
branded  : 

In  the  case  of  food :     *     *     * 

Third.  If  in  package  form,  the  net  contents  of  the  package  are 
not  correctly  stated  in  terms  of  weight,  measure  or  numerical  count, 
conspicuously,  legibly  or  correctly,  on  the  outside  of  the  package : 
Provided,  however,  That  reasonable  variations  shall  be  permitted 
and  tolerations  established  by  rules  and  regulations  made  in  accord- 
ance with  the  provisions  of  section  2046. 


178  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  11,  ch.  6,  p.  1089. 

Sec.  2050  (1911).  Misbranding  citrus-fruit  packages — It  shall  be 
unlawful  for  any  one  to  misbrand  any  package  or  any  wrapper  con- 
taining citrus  fruits ;  and  all  citrus  fruits  shall  be  deemed  misbranded 
if  the  package  or  the  wrapper  shall  bear  any  statement,  design  or 
device  regarding  the  fruit  therein  contained  which  is  false  or  mis- 
leading either  as  to  the  name,  size,  quality  or  brand  of  such  fruit 
or  as  to  the  locality  in  which  it  was  grown. 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  11,  ch.  7,  p.  1091. 

Sec.  2057  (al907).  Weight  to  be  marked  on  packages  of  feeding  stuff; 
sheriff  authorized  to  seize  and  sell  when  not  so  tagged. — Every  bag, 
barrel,  or  other  package  of  commercial  feeding  stuff,  manufactured, 
sold  in  or  imported  into  this  State,  shall  have  securely  attached  a  tag 
or  label,  and  plainly  printed  thereon,  the  number  of  net  pounds 
of  commercial  feeding  stuffs  in  the  package,  the  name,  brand,  or 
trade-mark  under  which  the  commercial  feeding  stuff  is  sold :  the 
name  and  address  of  the  manufacturer     *     *     *. 

Gen.  Stats.,  1920,  Div.  1,  Title  11,  ch.  39,  p.  1210. 

Sec.  2384  (1889).  Doyle's  rule  for  measurement  of  logs. — Doyle's  rule 
and  log  book  for  the  measurement  of  saw  logs  is  adopted  as  the  stand- 
ard rule  for  the  measurement  of  saw  logs,  whether  round  or  square, 
which  are  required  to  be  scaled  or  measured  within  the  limits  of 
this  State. 

Gen.  Stats.,  1920,  Vol.  1,  Div.  1,  Title  11,  ch.  41,  p.  1213. 

Sec.  2398,  as  amended  by  Laws,  1925,  ch.  10128,  p.  228.  Commercial 
fertilizers,  net  contents  to  be  marked. — Every  package  of  commercial 
fertilizer  or  fertilizer  materials  manufactured,  imported,  transported, 
distributed,  stored,  kept  or  offered  for  sale  or  sold  in  or  into  the 
State  of  Florida  shall  have  securely  attached  a  tag  on  which  shall  be 
plainly  and  legibly  printed  the  name  or  brand  of  the  commercial 
fertilizer  or  fertilizer  materials ;  the  name  and  address  of  the  manu- 
facturer or  jobber;  the  net  contents  of  the  package  in  pounds; 

Gen.  Stats.,  1920,  Vol.  2,  Div.  5,  Title  2,  ch.  10,  p.  2717. 

Sec.  5661  (1889).  Penalty. — Whoever  buys  or  sells  any  logs  or 
square  [timber  by  any  other  measure  or  scale  than  Doyle's  rule  and 
log  book,  or  if  any  timber  inspector  wilfully  makes  return  of]  2  any 
inspection  scale  or  measurement  of  timber  except  according  to  said, 
book,  shall  be  punished  by  fine  not  exceeding  two  hundred  dollars 
for  each  offense,  or  by  imprisonment  not  exceeding  six  months. 
When  it  is  mutually  agreed  between  the  buyer  and  seller,  another 
than  Doyle's  rule  book  may  be  adopted  and  a  survey  can  be  made 
by  a  party  other  than  a  commissioned  inspector. 

*  The  portion  in  brackets  was  evidently  inadvertently  omitted  from  the  statutes. 


GEORGIA 


Park's  Ann.  Code,  1914,  Vol.  1,  ch.  4,  p.  801. 

Sec.  1880  (al906).  Weight  per  bushel;  cord.— The  legal  weight  of  the 
following  articles  or  commodities  per  bushel  shall  be  as  follows : x 


Wheat 

Shelled  corn 

Corn  in  the  ear_. 

Peas 

Rye 

Oats 

Barley 

Irish  potatoes 

Sweet  potatoes— .. 

White  beans 

Clover  seed 

Timothy  seed 

Flaxseed 

Hempseed 

Blue-grass  seed  ~_ 


Pounds 
60 
56 
70 
00 
56 
32 
47 
60 
55 
60 
60 
45 
56 
44 
14 


Pounds 

Buckwheat 52 

Dried  peaches  (unpeeled) 33 

Dried  peaches  (peeled) 38 

Dried  apples 24 

Onions 57 

Stone  coal 80 

Unslacked  lime 80 

Turnips 55 

Corn  meal,  bolted  or  unbolted 48 

Wheat  bran 20 

Cotton  seed 30 

Ground  peas 25 

Plastering  hair 8 

Rough  rice 43 

Tan  bark  per  cord • 2,  250 

Sec.  1881  (al893).  Seal. — The  ordinaries  must  procure  for  their  re- 
spective counties  a  marking  instrument,  seal  or  stamp,  for  the  pur- 
pose of  marking  all  weights  and  measures  which  they  may  find  not 
to  weigh  or  measure  less  than  the  standard  established  by  the  Con- 
gress of  the  United  States,  which  is  the  standard  of  this  State. 

Sec.  1882.  Penalty. — All  persons  engaged  in  selling  by  weights  and 
measures  shall  apply  to  the  ordinaries  of  their  respective  counties 
and  have  their  weights  and  measures  so  marked,  and  in  default 
thereof  shall  not  collect  more  than  three-fourths  of  any  account, 
note,  or  other  writing,  the  consideration  of  which  is  any  commodity 
sold  by  their  Aveights  and  measures:  Provided,  This  section  shall 
not  apply  to  any  person  selling  by  weights  and  measures  who  has 
applied  to  the  ordinary  of  his  county  and  found  that  the  county  has 
not  been  supplied  with  the  necessary  standards  for  testing  weights 
and  measures. 

Sec.  1883  (1853-54).  Selling  by  deficient  weights  and  measures. — Any 
citizen  may  complain  to  the  ordinary  of  the  deficiency  of  any 
weights  and  measures,  whether  marked  or  not,  and  when  done  it  is 
the  duty  of  said  ordinary  to  notify  the  person  complained  of,  and 
give  him  the  name  of  the  complainant,  and  specify  a  day,  not  more 
than  ten  days  distant,  when  he  shall  submit  his  weights  and  meas- 
ures, to  the  test  of  the  ordinary,  and  if  the  complaint  is  found  to  be 
true  within  the  seller's  knowledge,  he  shall  be  deemed  a  person  sell- 
ing by  false  weights  and  measures,  and  shall  be  presented  by  the 
grand  jury  as  such,  if  no  person  appears  and  indicts. 

Sec.  1884.  Standards  to  be  procured. — The  governor  shall  procure 
standards  of  weights  and  measures  for  each  county  which  does  not 

1  A  slight  change  has  been  made  In  the  arrangement  for  convenience  of  reference. 

170 


180  LAW'S   CONCERNING   WEIGHTS   AND   MEASURES 

have  them,  and  they,  together  with  the  marks  provided  by  the  ordi- 
nary, shall  be  kept  in  his  office  for  the  inspection  of  the  citizens. 

Sec.  1885.  Ordinary  to  give  notice. — When  such  standards  are  ob- 
tained, it  is  the  duty  of  such  ordinary  to  give  sixty  days  written 
notice  thereof  at  the  door  of  the  courthouse,  and  in  the  public 
gazette  where  the  sheriff  of  the  county  advertises  his  sales. 

Park's  Ann.  Code,  1914,  Vol.  4,  ch.  4,  p.  2995. 

Sec.  4827  (al870).  Fees. — The  ordinaries  are  entitled  to  the  follow- 
ing fees,  to  wit: 

******* 

For  comparing  and  testing  weights  and  measures,  and  stamping  and 
marking  each,  $0.10     *     *     *. 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  2,  p.  784. 

Sec.  1819  (1903).  Barrel  of  turpentine;  barrel  of  rosin. — He  [super- 
vising inspector  of  naval  stores]  shall  receive  as  compensation 
for  his  services  one-fourth  of  a  cent  for  each  barrel  of  rosin  or  spirits 
of  turpentine  which  may  be  inspected  under  the  laws  of  this  State ; 
for  a  basis  of  said  fee  a  barrel  when  applied  to  spirits  of  turpentine 
shall  be  fifty  gallons,  and  the  term  spirits  of  turpentine  shall  include 
all  spirits  of  turpentine  mentioned  in  this  article.  A  barrel,  when 
applied  to  rosin,  shall  be  280  pounds,  and  said  fee  shall  be  reckoned 
on  this  basis.  Said  fee  shall  be  paid  equally  by  the  buyer  and  seller 
of  such  naval  stores.  In  case  of  naval  stores  snipped  in  packages  or 
receptacles  other  than  barrels,  his  compensation  shall  be  reckoned 
upon  the  basis  of  barrels  or  fractions  thereof,  in  the  same  manner  as 
is  provided  for  the  payment  of  fees  of  inspectors  under  like  condi- 
tions. He  shall  have  the  right  to  recover  from  any  person  or  corpora- 
tion the  fees  allowed  him,  in  appropriate  proceedings  in  any  court 
having  jurisdiction  thereof. 

Sec.  1840.  Barrels  for  turpentine,  quality  of,  etc. — Every  barrel  of 
soft  turpentine  shall  be  formed  of  good  and  sufficient  staves,  three- 
quarters  of  an  inch  thick,  not  exceeding  five  inches  wide,  not  less 
than  thirty  nor  more  than  thirty-two  inches  long;  the  head  not  less 
than  one  nor  more  than  one  and  a  half  inches  thick,  and  the  barrel 
secured  with  twelve  good  hoops. 

Sec.  1842°.  Powers  of  corporate  authorities. — The  corporate  authori- 
ties of  any  seaport  town  may  make  such  further  regulations  for  the 
inspection  of  rosin,  pitch,  tar,  and  turpentine,  and  for  the  discovery 
of  fraud  in  making  and  vending  said  articles,  as  to  said  authorities 
respectively  shall  seem  proper. 

Sec.  1843.  Inspectors  may  be  appointed  for  any  article. — Inspectors 
may  be  appointed,  their  duties  prescribed,  their  fees  fixed,  and 
inspection  and  marking  regulations  adopted,  by  the  corporate 
authorities  of  any  city,  for  the  inspection  of  guano  and  other 
fertilizers,  tobacco,  salt,  pitch,  tar,  turpentine,  rosin,  fish,  oil,  staves, 
shingles,  timber,  wood,  lumber,  and  liquor,  and  such  other  articles 
and  things  as  are  usually  the  subject  of  inspection  and  measure- 
ments, and  for  measuring  and  gauging  the  said  articles,  or  any  of 
them,  within  the  limits  of  said  cities;  and  the  same  power  may  be 
exercised  by  the  ordinary  of  every  county,  outside  the  limits  of  such 
town,  and  within  the  limits  of  such  county :  Provided,  Such  regula- 
tions be  not  inconsistent  with  the  following  provisions: 


GEORGIA  181 

1.  No  person  shall  be  permitted  to  inspect,  measure,  or  gauge, 
except  such  as  may  be  regularly  appointed,  under  a  penalty  of  five 
hundred  dollars  for  every  offense,  one  half  to  go  to  the  informer, 
and  the  other  half  to  the  incorporation  or  court  having  the  appoint- 
ment of  inspectors.  Every  person  so  appointed  shall  be  required 
to  take  an  oath  or  affirmation  faithfully  to  perform  the  duties  of  the 
office  to  the  best  of  his  skill  and  ability,  and  shall  moreover  give 
bond  and  security  for  the  faithful  discharge  of  the  duties  thereof. 
All  vacancies  may  be  filled  by  the  appointing  power. 

2.  In  all  seaport  towns  where  timber  or  lumber  is  brought  for 
exportation,  or  otherwise,  the  same  shall  be  inspected  and  measured, 
and  bills  for  such  measurement  shall  be  made  out  in  superficial  meas- 
urement. 

3.  All  square  timbers  shall  be  measured  as  follows:  The  length 
shall  be  counted  from  pinhole  and  (lie  size  from  the  middle  of  the 
stick,  taking  the  smallest  side  and  the  face,  throwing  off  fractions, 
and  allowing  one-half  of  the  wane-edge  on  the  side  and  face;  and 
other  flatted  timber,  usually  known  as  saw  or  mill  logs,  shall  be 
measured  one-half  from  the  smallest  end. 

4.  All  sticks  winch  are  rotten,  hollow,  split,  or  broken  shall  be 
declared  refuse  by  the  inspector,  and  the  seller  shall  only  be  allowed 
one-half  the  measurement;  but  if  the  defect  be  at  or  near  the  end, 
only  so  much  as  is  defective  shall  be  declared  refuse. 

5.  The  hook  to  the  dip-rod  shall  not  be  less  than  one  inch  and 
three-quarters  long.     *     *     * 

7.  Heading  shall  be  two  and  a  half  feet  long,  six  inches  broad, 
one  inch  thick  on  one  edge,  and  not  less  than  three-quarters  of  an 
inch  on  the  other  edge,  round  and  free  from  decay,  worm  or  knot 
holes ;  shingles  to  be  twenty-two  inches  long,  not  less  than  three  and 
a  half  inches  wide,  a  half  inch  thick  at  the  thick  end,  not  decayed, 
and  free  from  worm  or  knot  holes. 

8.  Pipe,  hogshead,  and  barrel-staves  shall  be  considered  mer- 
chantable only  when  conditioned  as  follows :  Pipe-staves  to  be  at 
least  fifty-four  inches  in  length,  three  inches  in  breadth,  and  one 
inch  thick  on  the  thin  edge,  sound  and  free  from  worm  or  knot 
holes;  hogshead-staves  to  be  forty-two  inches  long,  three  inches 
broad,  and  not  less  than  three-quarters  of  an  inch  thick  on  the 
edges,  sound  and  free  from  worm  or  knot  holes;  barrel-staves  to  be 
two  and  a  half  feet  long,  three  inches  wide,  and  not  less  than  three 
quarters  of  an  inch  on  their  edges,  sound  and  free  from  worm  or 
knot  holes. 

9.  Every  cord  of  firewood  shall  measure  eight  feet  in  length,  four 
in  breadth,  and  four  in  height.  Any  person  to  whom  such  wood  is 
offered  for  sale,  who  may  suspect  any  deficiency,  shall  have  the  right 
to  have  the  same  measured  and  corded  by  any  sworn  inspector  or 
measurer  of  the  place,  and  in  case  of  any  deficiency  appearing,  the 
seller  shall,  besides  paying  the  fees  of  the  inspector,  make  good  the 
deficiency  without  delay,  or  forfeit,  before  any  court  having  juris- 
diction, the  sum  of  two  dollars  for  every  cord  so  deficient;  in  case 
of  no  deficiency  appearing,  the  fees  of  the  inspector  or  measurer 
shall  be  paid  by  the  buyer.  The  corporate  authorities  of  any  town 
or  city  may  make  such  further  regulations  on  this  subject  as  to 
them  shall  appear  proper  to  insure  the  objects  of  this  section. 


182  LAWS   CONCERNING   WEIGHffS   AND   MEASURES 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  3,  p.  792. 

Sec.  1844  (al889).  Scalesmen,  weighers  of  cotton,  and  others  to  be 
sworn. — It  shall  not  be  lawful  for  any  scalesmen,  salesmen,  or  other 
person,  in  any  of  the  cities,  towns,  or  villages  of  this  State,  to  weigh 
any  bale,  bag,  or  package  of  cotton,  tierce  or  half  tierce  of  rice,  or 
any  other  article  of  produce  disposed  of  by  weight,  without  first 
taking  and  subscribing  an  oath,  before  some  person  authorized  by 
law  to  administer  it,  that  he  will  justly,  impartially,  and  without 
deduction,  weigh  all  such  cotton  and  all  other  articles  of  produce 
disposed  of  by  weight  that  may  be  shown  to  him  for  that  purpose, 
and  tender  a  true  account  thereof  to  the  party  or  parties  concerned, 
if  so  required. 

Sec.  1845  (1875).  Deductions  for  wet  cotton;  for  bagging. — The 
weigher  may,  nevertheless,  make  such  deduction  for  wet,  or  other 
cause,  as  may  be  reasonable,  when  the  seller  or  his  agent  shall  thereto 
consent :  Provided,  That  if  the  weigher,  with  the  consent  of  the  seller 
or  his  agent,  makes  a  deduction  from  the  gross  weight  of  any  bale, 
bag,  or  package  of  cotton  because  of  the  bagging  and  fastenings  on 
said  bale,  bag,  or  package,  the  deduction  shall  be  not  more  than 
twenty-four  pounds  if  it  is  covered  with  jute  bagging,  and  not  more 
than  sixteen  pounds  if  it  is  covered  with  cotton  bagging,  except  in 
the  case  of  any  bale,  bag,  or  package  of  cotton  not  fastened  with  iron 
ties  nor  with  ropes,  in  which  case  the  deduction  shall  be  not  more 
than  ten  pounds  if  it  is  covered  with  jute  bagging,  and  not  more  than 
five  pounds  if  it  is  covered  with  cotton  bagging.  And  in  every  case 
in  which  a  deduction  is  made  from  the  gross  weight  of  any  bale,  bag, 
or  package  of  cotton  because  of  the  bagging  and  fastenings  on  said 
bale,  bag,  or  package,  the  weigher,  in  tendering  the  true  account 
thereof  to  the  party  or  parties  concerned,  shall  state  the  gross  weight 
of  each  bale,  bag,  or  package,  and  also  the  number  of  pounds  de- 
ducted for  bagging  and  fastenings,  and  the  net  weight. 

Sec.  1846  (a)  (1912).  Public  weigher  and  grader  of  cotton;  oath  and 
bond. — Upon  the  application  or  petition  of  at  least  fifty  citizens  or 
producers  of  cotton  in  any  county  within  the  State  of  Georgia,  made 
to  the  county  commissioners  of  a  county  when  they  administer  the 
affairs  of  a  county,  or  to  the  ordinary  of  the  county  when  he  admin- 
isters the  affairs  of  the  county,  he  or  they  shall  appoint  one  com- 
petent and  discreet  person  who  shall  be  known  as  the  public  weigher 
and  grader  of  cotton  in  such  county.  Upon  his  appointment  by 
them,  they  shall  issue  to  him  a  commission  authorizing  him  to  weigh 
and  grade  all  cotton  that  may  be  brought  to  him  for  such  purpose  by 
the  citizens  of  said  county;  provided  he  shall  first  take  an  oath  to 
faithfully  perform  the  duties  of  such  weigher  and  grader,  and  give 
bond  conditioned  upon  the  accurate  and  faithful  performance  of  his 
duty  subject  to  be  enforced  by  any  person  that  shall  be  damaged  on 
account  of  a  failure  in  the  performance  of  his  duty,  said  recovery  to 
be  had  in  any  court  of  this  State  having  jurisdiction  of  the  parties 
and  subject  matter. 

Sec.  1846  (b).  Deputies. — Said  weigher  and  grader  shall  be  author- 
ized when  it  becomes  necessary  to  appoint  a  deputy  or  deputies  to 
act  within  said  county  to  assist  him  in  weighing  and  grading  of 
cotton.  In  the  appointment  of  such  deputies  he  shall  not  appoint  any 
one  who  is  not  of  good  character  and  competent  to  perform  such 
duties. 


GEORGIA  183 

Sec.  1846  (c).  Compensation;  duties;  scales  tested. — As  compensa- 
tion for  the  weighing,  grading,  issuing  certificates,  as  to  weights  and 
grades,  and  stamping  same  upon  the  bale  of  cotton,  such  weigher 
and  grader  shall  have  for  such  service,  and  be  allowed  to  charge  the 
party  desiring  to  have  said  cotton  weighed  and  graded  the  sum  of 
twenty  cents  per  bale.  It  shall  be  the  duty  of  the  weigher  and  grader 
or  his  deputy,  upon  their  appointment,  to  provide  a  platform  and 
scales  with  ample  facilities  for  handling  cotton  with  speed  and  at  a 
minimum  cost,  at  which  platform  or  platforms,  all  cotton  sold  in 
said  market  or  shipped  may  first  be  weighed,  graded  and  stamped, 
if  so  desired  by  the  seller,  producer,  or  buyer,  and  upon  the  applica- 
tion by  the  parties,  it  shall  be  the  weigher's  duty  to  immediately 
weigh,  grade  and  stamp  upon  the  cotton  weights,  grade,  and  issue 
to  the  applicant  a  certificate  showing  the  same  and  enter  the  same  in 
a  book  to  be  kept  by  him.  The  appointed  public  weigher  and  grader 
shall  be  responsible,  on  his  bond,  for  the  official  act  of  his  deputy, 
and  each  weigher  or  deputy  shall  have  his  scales  tested  at  least  once 
every  thirty  days  by  the  standard  weights  in  the  office  of  the  ordinary 
as  provided  by  law. 

Sec.  1846  (d).  Removal  of  weigher  and  grader. — The  county  commis- 
missioner  or  ordinary,  whichever  has  the  appointing  power,  upon 
good  and  sufficient  cause  shown,  after  ten  days'  notice,  in  writing, 
personally  served  upon  the  public  weigher  and  grader,  shall  inquire 
mto  his  conduct  and  if  they  find  sufficient  reason,  remove  any  such 
officer  from  office,  and  appoint  another  in  his  stead,  and  in  the  same 
manner  may  remove  any  deputy  by  such  public  weigher  appointed. 

Sec.  1847  (1873).  Tare  on  rice. — The  tare  to  be  allowed  on  rice  shall 
be  the  actual  tare,  as  nearly  as  can  be  determined,  except  in  cases  of 
the  sale  of  a  single  tierce,  half  tierce,  or  barrel,  where  a  tare  of  ten 
per  centum  shall  be  allowed,  unless  otherwise  agreed  on  between  the 
buyer  and  seller. 

Sec.  1848.  Tare  on  other  articles. — In  other  cases  where  tare  is 
usually  allowed,  the  actual  tare,  as  nearly  as  the  same  can  be  ascer- 
tained, shall  be  allowed,  except  where  the  seller  and  purchaser  may 
expressly  agree  upon  a  different  rule. 

Sec.  1849.  No  deduction  to  be  made  for  turn  of  scales,  etc. — It  shall  not 
be  lawful  for  any  purchaser  or  weigher  to  make  any  deduction  from 
the  weight  of  any  article  for  or  on  account  of  the  draft  or  turn  of 
the  scales  or  steelyard,  under  the  penalty,  for  every  such  offense,  of 
five  hundred  dollars,  to  be  recovered  in  any  court  having  jurisdic- 
tion, one-half  to  go  to  the  informer  by  whom  the  suit  may  be  brought, 
and  the  other  half  to  the  use  of  the  county  where  the  offense  may 
be  committed. 

Sec.  1850.  Corporate  authorities  may  make  further  rules. — The  cor- 
porate authorities  of  all  cities  and  towns  may  make  such  further 
regulations  for  the  weighing  of  produce  of  all  descriptions,  includ- 
ing fees  for  weighing,  as  in  their  judgment  may  tend  to  effect  the 
objects  of  the  foregoing  provisions,  and  the  ordinaries  of  the  respec- 
tive counties  shall  have  the  same  power,  to  be  exercised  outside  the 
jurisdiction  of  said  incorporated  cities  or  towns;  but  until  altered 
by  such  authorities  or  ordinaries,  fees  for  weighing  shall  be  such  as 
are  now  fixed  by  law. 

Sec.  1865  (1890-91).  Number  of  pounds  stamped  on  each  sack  of  flour 
or  corn  meal. — It  shall  be  the  duty  of  each  and  every  miller  or  manu- 


184  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

factiirer  of  flour  or  corn  meal  (and  every  merchant  or  dealer),  offer- 
ing for  sale  said  articles,  to  stamp  or  have  printed  on  each  sack 
in  which  either  of  said  articles  are  packed,  in  plain  figures  not  less 
than  one  and  one-half  inches  in  length,  the  exact  number  of  pounds 
of  flour  or  corn  meal  contained  therein ;  provided,  the  provisions  of 
this  section  shall  not  apply  to  grist  ground  for  toll. 

Sec.  1867  (1906).  Flour,  grits  and  corn  meal,  how  packed  and 
marked. — All  flour,  grits  and  corn  meal  packed  in  barrels  or  half- 
barrels  made  of  any  material,  or  any  package  made  of  wood  or  metal 
in  which  flour,  grits,  or  corn  meal  are  or  may  be  offered  for  sale,  shall 
be  well  made  and  of  good  material;  shall  have  the  net  weight  of 
flour,  grits,  or  meal  plainly  marked  in  the  head,  top,  or  side  of  the 
barrel  or  package  with  a  stencil,  or  paper  label  or  pencil,  with  let- 
ters and  figures  not  less  than  one  inch  in  length,  and  the  tare  marked 
on  the  reverse  end  or  side  of  the  barrel  or  package  in  like  manner. 

Sec.  1868.  Weight  in  barrels  and  sacks. — Every  miller,  bolter, 
blender,  or  mixer,  or  other  person  who  manufactures  or  who  buy' 
flour,  grits,  or  corn  meal  for  the  purpose  of  repacking,  shall  put  into 
each  barrel  the  full  quantity  and  weight  of  one  hundred  and  ninety- 
six  pounds  of  flour,  grits,  or  corn  meal,  and  shall  put  into  each  half 
barrel  the  quantity  and  weight  of  ninety-six  pounds  of  flour,  grits,  or 
corn  meal. 

When  flour,  grits,  or  corn  meal  is  packed  in  sacks,  the  gross 
weight  shall  be  as  follows :  Sacks  containing  one  hundred  and  forty 
pounds,  sacks  containing  two  hundred  and  eighty  pounds,  half- 
barrel  sacks  ninety-six  pounds,  quarter-barrel  sacks  forty-eight 
pounds,  eighth-barrel  sacks  twenty-four  pounds,  sixteenth-barrel 
sacks  twelve  pounds,  thirtj^-second-barrel  sacks  six  pounds. 

Sec.  1869.  Variations  in  weight. — From  the  weights  above  specified 
variations  for  inaccuracies  will  be  allowed  as  follows:  On  all  pack- 
ages weighing  ninety  pounds  or  over,  an  allowance  of  one-fourth  of 
one  per  cent.,  and  on  all  packages  smaller  than  ninety  pounds  an 
allowance  of  one-half  of  one  per  cent.,  less  than  the  weight  specified 
in  the  preceding  section. 

Sec.  1870.  Packages,  how  marked. — It  shall  be  unlawful  for  any  per- 
son to  pack  for  sale,  sell,  or  offer  for  sale  any  corn  meal  except 
in  bags  or  packages  containing  by  standard  weight  two  bushels,  or 
one  bushel,  or  one-half  bushel,  or  one-fourth,  or  one-eighth,  bushel, 
respectively.  Each  bag  or  package  of  corn  meal  shall  have  plainly 
printed  or  marked  thereon,  whether  the  meal  is  "  bolted  "  or  "  un- 
bolted," the  amount  it  contains  in  bushels  or  fractions  of  a  bushel, 
and  the  weight  in  pounds:  Provided,  The  provisions  of  this  section 
shall  not  apply  to  the  retailing  of  meal  directly  to  customers  from 
bulk  stock,  when  priced  and  delivered  by  actual  weight  or  measure 

Sec.  1872°.  Fraudulently  packing  flour. — If  any  person  shall  pack 
flour  in  an  old  barrel  which  may  have  been  marked  and  branded  as 
aforesaid,  and  which  shall  still  have  the  brand  of  the  inspector 
thereon,  or  shall  otherwise  fraudulently  pack  flour  for  sale,  such  per- 
son or  persons  shall  forfeit  and  pay  the  sum  of  twenty  dollars  for 
every  barrel  so  packed,  to  be  recovered  by  an  informer  before  any 
justice  of  the  peace,  or  other  court  having  jurisdiction  thereof — one- 
half  of  such  penalty  to  go  to  the  informer,  and  the  other  half  to  the 
miller  or  manufacturer  injured  by  such  false  packing, 


GEORGIA  185 

Park's  Ann.  Code,  1914,  Vol.  6,  p.  338. 

Sec.  557  (al895).  Illegal  charge  for  weighing  cotton. — If  any  scales- 
man,  salesman,  or  other  person  engaged  in  the  business  of  weighing 
cotton  bales  shall  charge  or  receive  more  than  ten  cents  per  bale  for 
Aveighing  the  same,  or  charge  or  receive  for  reweighing  any  bale 
of  cotton  which  has  once  been  taxed  ten  cents  for  weighing,  more 
than  five  cents  for  such  reweighing,  he  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  558a  (1911).  Deduction  of  weight  of  bagging  and  ties  prohibited, 
when. — It  shall  be  unlawful  for  any  person,  firm  or  corporation  en- 
gaged in  the  business  of  buying  cotton  in  this  State,  as  principal  or 
agent,  to  deduct  any  sum  for  bagging  and  ties  from  the  weight  or 
price  of  any  bale  of  cotton  when  the  weight  of  the  bagging  and 
ties  does  not  exceed  six  per  cent  of  the  gross  weight  of  such  bale 
of  cotton.  In  the  event  that  the  weight  of  the  bagging  and  ties 
exceeds  six  per  cent  of  the  gross  weight  of  such  bale  of  cotton,  only 
the  excess  over  the  said  six  per  cent  may  be  deducted. 

Sec.  558b.  Penalty;  what  bales  not  included. — For  each  and  every 
violation  of  the  preceding  section  the  offender  shall  be  guilty  of 
a  misdemeanor  and  shall  be  fined  in  the  sum  of  not  less  than  twenty- 
five  dollars,  nor  more  than  fifty  dollars,  or  imprisoned  not  less  than 
fifteen  days,  nor  more  than  thirty  days :  Provided,  This  law  shall  not 
apply  to  what  is  known  in  the  trade  as  round  bales,  and  bales  of 
cotton  which  weigh  less  than  three  hundred  pounds. 

Sec.  562  (al890-91).  "Weights  to  be  stamped  on  sacks  of  flour  and  meal, 
etc. — If  any  miller  or  manufacturer  of  flour  or  corn  meal,  or  any  mer- 
chant or  dealer  offering  said  articles  for  sale,  shall  fail  to  stamp  or 
have  printed  on  each  sack  in  which  either  of  said  articles  is  packed, 
in  plain  figures,  not  less  than  one  and  one-half  inches  in  length,  the 
exact  weight  of  the  contents  thereof,  he  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  563.  Exceptions. — The  preceding  section  shall  not  apply  to  grist 
ground  for  toll,  nor  to  millers,  merchants,  or  dealers,  selling  flour 
or  meal  in  quantities  less  than  a  full  sack,  or  in  any  quantities  when 
sold  by  weight. 

Sec.  564  (1906).  Corn  meal,  weight  of  packages. — Any  person  who 
shall  violate  section  1870  of  the  civil  code,  relating  to  corn  meal, 
shall  be  guilty  of  a  misdemeanor. 

Sec.  565.  Flour,  grits,  and  corn  meal,  how  marked  and  weighed. — Any 
person  who  shall  violate  sections  1867,  1868  and  1869  of  the  civil 
code,  relating  to  packing,  marking,  and  weighing  flour,  grits,  and 
corn  meal,  shall  be  guilty  of  a  misdemeanor. 

Sec.  566  (1901).  Cottonseed  hulls,  weight  to  be  stamped. — Any  per- 
son, firm,  or  corporation  who  shall  sell  cottonseed  hulls  in  bales 
or  packages,  without  having  the  weight  thereof  plainly  stamped  or 
branded  on  each  bale  or  package,  shall  be  guilty  of  a  misdemeanor. 

Park's  Ann.  Code,  1914,  Vol.  6,  p.  382. 

Sec.  705  (1865-66).  Bakers  and  others  selling  under  assize. — Any 
baker  or  other  person  selling  bread  under  the  assize  established  by 
the  corporation  of  any  city,  town,  or  village,  or  the  rules  laid  down 
by  law,  shall  be  deemed  a  cheat,  and  shall  be  punished  as  for  a  mis- 
demeanor, 


186  LAWS   CONCEBNING   WEIGHTS  AND   MEASUBES 

Sec.  706  (al865-66).  Selling  by  false  weights  and  measures. — If 
any  person  shall  knowingly  buy  or  sell  by  false  weights  or 
measures,  he  shall  be  deemed  a  common  cheat,  and  shall  be  punished 
as  for  a  misdemeanor. 

Sec.  709  (1874).  Putting  dirt  or  rubbish  into  cotton,  rice,  etc. — Any 
person  who  shall  put  or  cause  to  be  put  into  any  bale  of  cot- 
ton, vessel  of  sugar,  rice,  pork,  beef,  or  other  provisions,  wool,  or 
other  article,  prepared  for  market,  any  dirt,  rubbish,  or  other  thing, 
for  the  purpose  of  adding  to  and  increasing  the  weight  of  bulk  of 
said  cotton,  sugar,  rice,  beef,  pork,  or  other  provisions  or  things,  shall 
be  deemed  a  common  cheat,  and  shall  be  punished  by  a  fine  equal  to 
the  value  of  the  thing  thus  fraudulently  packed  or  put  up,  and  im- 
prisonment and  labor  in  the  penitentiary  for  not  less  than  one  year 
nor  more  than  five  years.  The  bare  possession  or  ownership  of  such 
commodities,  so  fraudulently  packed  or  put  up,  shall  not  of  itself 
authorize  a  conviction,  where  sufficient  evidence  of  knowledge  or 
privity  on  the  part  of  the  owner,  or  the  person  in  possession  may  not 
be  produced  on  trial. 

Laws,  1920,  Act  No.  739,  p.  225. 

Sec.  1.  Paint,  marking. — Whoever  shall  expose  for  sale,  or  sell 
within  this  State,  any  paint  which  is  labeled  or  marked  in  any  man- 
ner so  as  to  tend  to  deceive  the  purchaser  as  to  its  nature,  or  com- 
position, or  which  is  not  accurately  labeled  as  hereinafter  required, 
shall  be  guilty  of  a  misdemeanor,  and  for  each  offense  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  and  not  more  than  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  sixty  days. 

Sec.  2.  Labels;  what  required. — The  label  required  by  this  act  shall 
clearly  and  distinctly  state  the  name  and  residence  of  the  manu- 
facturer of  the  paint,  or  the  distributor  thereof,  or  of  the  party  for 
whom  the  same  is  manufactured.  Said  label  to  clearly  state,  in  addi- 
tion to  the  before-mentioned  matter,  the  quantity  contained  in  the 
package ;  this  in  the  case  of  liquid  or  mixed  paints,  to  be  designated 
in  United  States  standard  gallons  or  fraction  thereof,  and  in  the 
case  of  paint  or  semipaste  paints,  such  as  commonly  sold  by  weight, 
to  be  shown  by  weight  avoirdupois.  Said  label  shall  be  printed  in 
the  English  language  in  plain,  legible  type. 

Sec.  7.  Enforcement. — The  State  pure  food  and  drug  inspector  is 
charged  with  the  proper  enforcement  of  all  the  provisions  of  this 
act,  and  empowered  to  formulate  and  promulgate  such  rules  and 
regulations  as  may  be  necessary  in  carrying  out  the  purposes  of 
this  act. 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  1,  p.  354. 

Sec.  855(b)  (1872).  Existing  towns,  by  what  law  governed;  new 
towns  and  villages,  how  incorporated. — The  towns  and  villages  here- 
tofore established  in  this  State,  shall  remain  subject  to  the  laws  now 
in  force,  applicable  thereto,  respectively;  and  the  provisions  here- 
inafter set  forth  shall  be  deemed  applicable  only  to  towns  and 
villages  established  after  August  26th,  1872. 

Sec.  855  (n).  Powers  of  council. — The  council  of  such  town  or  vil- 
lage shall  have  power  therein    *    *    *;  to  regulate  and  provide 


GEORGIA  187 

for  the  weighing  of  hay,  coal,  and  other  articles  sold  or  for  sale  in 
the  town     *     *     *. 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  3,  p.  862. 

Sec.  2104  (al914).  Marking  of  contents  of  packages. — For  the  pur- 
pose of  this  chapter,  an  article  shall  be  deemed  to  be  misbranded — 


In  the  case  of  food : 

3.  If  in  package  form,  the  quantity  of  the  contents  be  not  plainly 
and  conspicuously  marked  on  the  outside  of  the  package  in  terms  of 
weight,  measure,  or  numerical  count:  Provided,  however,  That 
reasonable  variations  shall  be  permitted,  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established  by  rules  and 
regulations  made  in  accordance  with  the  provisions  of  section 
2115,    *     *     * 

Laws,  1924,  No.  386,  p.  101. 

Sec.  17.  Packages  to  be  stamped  with  quantity;  occupation  tax 
stamps. — *  *  *  Each  package  containing  oysters  canned  in  this 
State,  or  raw  shucked  oysters,  or  oysters  in  the  shell,  gathered  in 
this  State  shall  be  stamped  by  the  manufacturer  or  dealer,  or  dis- 
tributor, with  quantity  of  oysters  contained  in  each  can,  barrel  or 
other  package  in  which  the  same  are  offered  for  sale  within  the 
State  or  shipped.  Each  distributor  or  dealer,  including  the  manu- 
facturers who  are  distributors  or  dealers  shall  place  stamps  in  the 
amount  necessary  upon  each  of  said  packages,  to  comply  with  the 
requirements  of  the  payment  of  the  occupation  taxes  hereinbefore 
set  out. 

Sec.  22.  Oysters  sold  in  shell,  how  measured ;  dimensions  of  bushel  tub ; 
brand  to  be  stamped  on  measure;  punishment  for  violating  this  section.— 
That  all  oysters  sold  in  the  shell  in  this  State  in  tidewater  Georgia 
shall  be  measured  in  circular  tubs,  with  straight  sides,  straight  and 
solid  bottoms,  with  holes  in  the  bottom  not  more  than  one-half  inch 
in  diameter.  A  bushel  tub  shall  measure  eighteen  inches  from  the 
inside  across  the  bottom,  and  twenty-one  inches  from  the  bottom  to 
the  top  of  chime.  All  measures  used  for  buying  or  selling  oysters 
shall  have  a  brand,  to  be  adopted  by  the  State  board  of  game  and 
fish,  stamped  thereon  by  the  tidewater  commissioner  or  his  lawful 
inspectors  or  patrolmen.  Any  person  or  persons  violating  this  sec- 
tion shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  fifty  dollars, 
or  imprisoned  for  not  less  than  ten  days  nor  more  than  thirty  days, 
in  the  discretion  of  the  court ;  and  all  measures  found  in  the  posses- 
sion of  such  person  not  meeting  the  requirements  of  this  section 
shall  be  destroyed  by  the  tidewater  commissioner  of  game  and 
fish. 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  1,  p.  762. 

Sec.  1772,  as  amended  by  Laws,  1924,  No.  490,  p.  99.  Fertilizers,  how 
branded. — All  persons,  companies,  manufacturers,  dealers,  or  agents, 
before  selling  or  offering  for  sale  in  this  State  any  commercial  fer- 
tilizer or  fertilizer  material,  shall  brand  or  attach  to  each  bag, 
barrel  or  package,  the  weight  of  the  package,  the  name  and  address 


188  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

of  the  manufacturer,  and  the  guaranteed  analysis  of  the  fertilizer, 
giving  the  valuable  constituents  of  the  fertilizer  in  minimum  per- 
centages only.  These  items  only  shall  be  branded  or  printed  on  the 
sacks  or  packages  in  the  following  order: 

1.  Weight  of  package  in  pounds. 

2.  Brand  name,  or  trade-mark. 
******* 

Park's  Ann.  Code,  1914,  Vol.  1,  ch.  3,  p.  838. 

Sec.  2107  (1906).  Feeding  stuff  and  condimental  feed;  branding;  net 
weight  to  be  stated. — Every  lot  or  parcel  of  concentrated,  commercial 
feeding-stuff  and  condimental  feed  used  for  feeding  domestic  ani- 
mals or  poultry,  sold,  offered  or  exposed  for  sale  within  this  State, 
shall  be  registered  annually  with  the  commissioner  of  agriculture, 
and  shall  have  affixed  thereto,  or  printed  on  the  bag  or  other  pack- 
age, in  a  conspicuous  place  on  the  outside  thereof,  a  legible  and 
plainly  printed  statement,  clearly  and  truly  certifying  the  number 
of  net  pounds  of  feeding-stuff  contained  therein :  Provided,  That  all 
concentrated  commercial  feeding-stuffs  shall  be  in  standard-weight 
bags  or  packages  of  fifty,  seventy-five,  one  hundred,  one  hundred  and 
twenty-five,  one  hundred  and  fifty,  one  hundred  and  seventy-five,  or 
two  hundred  pounds  each ;  also  the  name,  brand  or  trade-mark  under 
which  the  article  is  sold,  the  name  and  address  of  the  manufacturer, 
importer  or  jobber     *     *     *. 

Park's  Ann.  Code,  1914,  Vol.  2,  ch.  2,  p.  966. 

Sec.  2762  (1889).  Facilities  for  weighing  freight  furnished  by  trans- 
portation company. — Every  railroad  or  transportation  company  in 
this  State  shall  furnish  suitable  and  adequate  facilities  tor  cor- 
rectly weighing  all  freight  offered  for  shipment  in  car-load  lots  in 
this  State  at  points  where  the  volume  of  business  offered  is  sufficient 
to  warrant  the  expense;  and  if  any  officer  or  agent  of  a  railroad  or 
transportation  company,  or  person  acting  for  or  employed  by  such 
railroad  or  transportation  company,  shall,  by  reason  of  overweights 
or  false  billing,  cause  such  railroad  or  transportation  company  to 
charge  on  any  shipment  for  more  than  the  actual  weight  of  such 
shipment,  the  said  railroad  or  transportation  company  shall  be  liable 
to  the  owner  of  such  shipment  in  damages  for  an  amount  equal  to 
twice  the  charges  on  the  excess  weight  so  charged. 

Sec.  2763  (1882-83).  Sworn  weighers  to  weigh  freight. — Whenever 
any  railroad  company  in  this  State  shall  weigh  any  cars  loaded  with 
freight  to  be  shipped  and  charged  for  by  the  car-load,  such  weighing 
shall  be  done  by  a  sworn  weigher,  as  provided  for  the  weighing  of 
cotton,  rice,  and  other  produce. 

Sec.  2764.  Cars  to  be  uncoupled. — When  such  cars  are  weighed  singly, 
they  shall  be  uncoupled  at  both  ends  and  weighed  one  at  a  time. 

Sec.  2765  (1890-91).  Lumber  cars  weighed  three  together. — When  any 
railroad  company  shall  transport  timber,  lumber,  or  other  like  articles 
of  freight,  which,  from  length,  laps  over  from  one  car  to  another, 
such  company  may  cause  as  many  as  two  or  three  such  cars  so  loaded 
to  be  weighed  together,  after  uncoupling  them  at  both  ends  from 
other  cars,  and  in  all  such  instances  the  aggregate  weight  of  the 
freight  upon  said  two  or  three  cars  shall  be  averaged  so  that  each  of 
the  cars  shall  be  charged  with  an  equal  amount  of  the  total  weight, 


GEORGIA  189 

and  the  shipper  be  made  to  pay  freight  as  if  each  of  the  cars  so 
weighed  together  did  actually  contain  an  equal  portion  of  the  whole 
load :  Provided,  That  in  such  cases  the  shipper  shall  not  pay  less  than 
the  amount  of  freight  due  on  full  car-loads. 

Sec.  2766.  Penalty. — Any  railroad  company  failing  to  comply  with 
any  of  the  provisions  of  the  three  preceding  sections  shall  be  held 
liable  in  an  action  for  damages,  to  be  brought  in  the  county  where 
such  weighing  is  done,  at  the  instance  of  any  person  aggrieved,  and 
the  recovery  shall  be  in  a  sum  not  less  than  one  hundred  dollars  nor 
more  than  two  hundred  dollars  for  each  offense. 


HAWAII 

Rev.  Laws,  1925,  ch.  129,  p.  794. 

Sec.  2148  (1921).  Title  of  act.— The  short  title  of  this  chapter  shall 
be  "  The  weights  and  measures  law  of  Hawaii." 

Sec.  2149.  Definitions. — Wherever  the  word  "  sheriff  "  is  used  in  this 
chapter  it  shall  include  and  mean  the  sheriff  of  the  city  and  county 
of  Honolulu  and  the  sheriff  of,  in  and  for  the  other  counties  of  the 
Territory. 

Wherever  the  words  "  scales,"  "  weights,"  "  beams,"  "  weighing 
machines,"  "  devices,"  "  appliances,"  "  measures,"  or  "  instruments  " 
are  used  in  this  chapter  they  shall  be  held  to  include  all  mechanical 
means  for  the  weighing  or  measuring  of  any  article  or  commodity 
whatsoever. 

Sec.  2150.  Standards;  tests. — It  shall  be  the  duty  of  the  sheriff  to 
procure  and  keep  a  standard  set  of  scales,  beams,  weights  and  meas- 
ures; and  he  shall  semiannually,  or  oftener  in  his  discretion,  cause 
all  scales,  beams,  weighing  machines,  measures — liquid  or  dry — 
devices  and  appliances  used  in  the  ascertainment  of  weight  or  of 
measure,  used  by  any  person,  firm  or  corporation  in  the  buying  or 
selling  or  the  transportation,  or  the  receiving  for  shipment,  or  in 
the  ascertainment  of  weight  or  measure,  of  goods,  wares,  merchan- 
dise, oils,  gasoline,  fruits,  vegetables  or  any  other  commodity,  to  be 
tested  by  such  standard  scales,  beams,  weights  and  measures,  and  to 
seal  such  as  shall  be  found  true  with  the  capital  letters  "  T.  H." 

Sec.  2151.  Sealing,  record  of  scales. — All  weighing  appliances  and 
measures  as  mentioned  and  included  in  section  2150  shall  be  so  sealed 
within  two  days  of  the  date  of  purchase  and  of  the  acceptance  and 
delivery  of  such  appliance  or  measure,  and  notice  thereof,  by  both 
the  buyer  and  the  seller  shall,  within  such  two  days,  be  given  to 
the  sheriff  upon  forms  as  he  may  provide  and  which  shall  be 
recorded  by  him. 

Sec.  2152.  Marking  unsealed  or  imperfect  weights  and  measures. — If 
any  of  the  weighing  appliances  or  measures  as  mentioned  and  in- 
cluded in  this  chapter  are  found  to  be  imperfect  and  not  according 
to  standard,  the  sheriff  shall  cause  them  to  be  tagged,  marked  and 
identified  with  the  words  "Faulty,  not  to  be  used  until  adjusted  by 
sheriff,"  and,  thereafter,  such  weighing  appliances  or  measures  shall 
not  be  used  until  adjusted,  repaired  and  made  correct  to  said 
standard. 

Sec.  2153.  Identification  of  owner. — Any  person  presenting  any 
weighing  appliance  or  measure  to  the  sheriff  for  verification  and 
testing  shall  give  his  full  name,  address,  and  description  of  occupa- 
tion and  business  and  the  purpose  for  which  such  weighing  appli- 
ance or  measure  is  to  be  used;  such  information  shall  be  recorded 
by  the  sheriff. 

Sec.  2154.  Errors  permissible  in  excess  or  deficiency. — The  following 
shall  be  permissible  error,  either  in  excess  or  in  deficiency :  Platform 
190 


HAWAII  191 

or  counter  scales,  one  ounce  in  each  hundred  pounds ;  wagon  or  track 
scales,  one  pound  in  each  ton;  all  liquid  or  dry  measure  shall  be  in 
accordance  with  standard. 

Sec.  2155.  Inspectors. — The  sheriff  may  deputize  any  one  of  the  em- 
ployees in  his  department  to  aid  him  in  the  performance  of  his 
duties  under  this  chapter. 

Sec.  2156.  Standards. — The  standards  of  weights  and  measures  shall 
be  those  adopted,  and  now  used,  or  that  may  be  adopted  and  used 
by  the  United  States  of  America. 

Sec.  2157.  Bushel. — Whenever  any  wheat,  rye,  Indian  corn,  barley 
or  oats  shall  be  sold  by  the  bushel,  and  no  special  agreement  as  to 
the  measurement  shall  be  made  by  the  parties,  the  bushel  shall  con- 
sist of  sixty  pounds  of  wheat,  and  fifty  pounds  of  rye,  of  fifty-six 
pounds  of  Indian  corn,  or  [of]  forty-eight  pounds  of  barley  and 
of  thirty-two  pounds  of  oats. 

Sec.  2158.  Fees. — The  charges  for  testing  and  certification  shall  be 
as  follows:  Beam,  fifty  cents;  scale,  fifty  cents;  measures  of  exten- 
sion, twenty-five  cents;  weight,  ten  cents;  springless  or  automatic 
weighing  machine  or  device,  twenty-five  cents;  platform,  dead- 
weight or  track  scales,  two  dollars;  pump  or  pumping  measure  or 
appliance,  one  dollar ;  for  every  other  appliance  as  used  for  weighing 
or  measuring  and  not  specifically  mentioned  herein,  twenty-five 
cents:  Provided,  however,  That  no  charge  shall  be  made  for  more 
than  two  inspections  in  any  one  year;  all  fees  collected  under  the 
provisions  of  this  chapter  shall  be  paid  into  the  treasury  of  the  city 
and  county,  or  county  for  which  the  inspection,  testing  and  sealing 
is  made,  as  municipal  realizations. 

Sec.  2159.  Using  unsealed  weights  and  measures. — If  any  person,  firm, 
or  corporation  shall  use  or  cause  to  be  used  any  weighing  or  measur- 
ing machine  or  appliance  as  mentioned  or  necessarily  included  in 
the  meaning  of  this  chapter,  for  any  of  the  purposes  mentioned  in 
section  2150,  and  which  weighing  machines  or  appliances  have  not 
been  duly  sealed,  he,  or  it,  shall  be  fined  for  each  such  offense  a  sum 
not  exceeding  one  hundred  dollars,  and  the  court  may  in  its  dis- 
cretion order  the  confiscation  and  destruction  of  such  weighing  or 
measuring  machine  or  appliance,  and  any  person  who  shall  be  in- 
jured or  defrauded  by  the  use  of  any  such  weighing  or  measuring 
machine  or  appliance  may  maintain  an  action  against  such  offender ; 
and,  if  judgment  be  rendered  for  the  plaintiff  he  shall  recover  double 
damages  and  costs  of  suit. 

Sec.  2160.  Changing,  removal  of  marks,  etc. — Any  person,  firm  or  cor- 
poration who  shall  willfully  or  shall  fraudulently  change  any  weigh- 
ing machine,  measure  or  appliance  as  mentioned  herein  after  the 
same  has  been  inspected,  tested  and  sealed  by  the  sheriff,  or  who 
shall  change,  remove  or  destroy  any  tag,  mark  or  seal  which  may 
have  been  placed  in  or  thereon  by  the  sheriff  for  the  purpose  of 
this  chapter,  shall  be  liable,  upon  conviction,  to  pay  a  fine  of  not  to 
exceed  one  hundred  dollars. 

Rev.  laws,  1925,  ch.  204,  p.  1277. 

Sec.  3583°.  Weights,  measures;  inspection. — It  shall  be  the  duty  of 
every  clerk  of  a  market  once  in  every  month,  and  whenever  re- 
quested so  to  do  by  any  purchaser  in  the  market,  to  inspect  all  the 

517—26 13 


192  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

weights,  measures  and  beams  used  in  weighing  and  measuring  in 
such  market ;  and,  at  the  expense  of  the  owners,  to  make  them  con- 
form to  the  standard  weights  and  measures  of  the  Territory;  and 
if  any  person  shall  refuse  to  exhibit  his  weights  and  measures,  or 
to  make  them  conform  to  those  established  by  law,  he  shall  be  fined 
twenty-five  dollars. 

Sec.  3584°.  Using  unapproved  weights,  etc. — Any  person  using  any 
weights  or  measures  in  a  public  market,  not  approved  by  the  clerk 
of  the  market,  shall  be  fined  ten  dollars,  and  he  shall  besides  be 
liable  in  tenfold  damages  to  any  person  injured  by  his  conduct. 

Rev.  Laws,  1925,  ch.  249,  p.  1426. 

Sec.  4248°.  False  weight  or  measure. — Whoever,  in  the  sale  or  pur- 
chase of  any  merchandise  or  other  property,  shall  use  any  false 
weight  or  measure;  or  cheat  another  by  the  fraudulent  use  of  any 
legal  weight  or  measure;  as  for  example,  by  dexterously  sliding  a 
yard  stick,  or  by  putting  some  other  thing  into  a  measure  partly 
to  fill  the  same,  even  though  the  vendee  and  vendor  be  present,  is 
guilty  of  a  gross  cheat. 

Sec.  4251  (al901).  Punishment. — Whoever  is  convicted  of  a  gross 
cheat  shall  be  punished  by  imprisonment  of  not  more  than  one  year, 
or  by  a  fine  not  exceeding  one  thousand  dollars. 

Sec.  4252°.  Civil  remedy  not  a  bar. — No  person  shall  be  exempted 
from  criminal  prosecution  for  gross  cheating,  by  reason  of  the  party 
cheated  having  a  remedy  against  him  by  civil  action. 

Rev.  Laws,  1925,  ch.  250,  p.  1431. 

Sec.  4259  (1919).  Bread,  weight  of  loaf;  variations;  twin  loaves;  pen- 
alty.— A  loaf  of  bread  for  sale  shall  be  one  pound  in  weight.  Bread, 
unless  chiefly  composed  of  rye  or  maize,  shall  not  be  manufactured 
for  sale  or  sold  except  in  the  following  net  weights  twelve  hours 
after  baking:  Three-quarters  pound;  one  pound;  one  and  a  half 
pounds ;  two  pounds  or  other  pound  weights. 

Variations  at  the  rate  of  one  ounce  per  pound  over  and  one  ounce 
per  pound  under  the  above  specified  weights  are  permitted  in  indi- 
vidual loaves,  but  the  average  weight  of  not  less  than  twenty-five 
loaves  of  any  one  unit  of  any  one  kind  shall  be  not  less  than  the 
weight  prescribed  by  this  chapter. 

Twin  or  multiple  loaves  may  be  sold,  provided  they  conform  to  the 
above  weight  requirements. 

Whoever  violates  any  provision  of  this  chapter  shall  be  guilty  of  a 
misdemeanor  and  punished  by  a  fine  of  not  more  than  twenty-five 
dollars  for  each  offense. 

Eev.  Laws,  1925,  ch.  76,  p.  455. 

Sec.  994  (al915) .  Net  contents  to  be  marked. — *  *  *  Any  drug  or 
article  of  food  shall  also  be  deemed  to  be  misbranded  within  the 
meaning  of  this  chapter  when  in  package  form,  if  the  quantity  of  the 
contents  be  not  plainly  and  conspicuously  marked  on  the  outside  of 
the  package  in  terms  of  weight,  measure  or  numerical  count:  Pro- 
vided, however,  That  reasonable  exemptions  shall  be  permitted,  and 
tolerances  and  also  exemptions  as  to  small  packages  shall  be  estab- 
lished by  rules  and  regulations  made  by  the  board  of  health. 


IDAHO 

Comp.  Stats.,  1919,  Vol.  1,  eh.  17,  p.  83. 

Sec.  276  (1919).  Department  of  agriculture,  powers  and  duties. — The 
department  of  agriculture  shall  have  power :    *    *    * 

9.  To  exercise  the  rights,  powers  and  duties  vested  by  law  in 
the  State  sealer  of  weights  and  measures  and  his  deputies  and  as- 
sistants. 

15.  To  establish  and  promulgate  standards  for  open  and  closed 
receptacles  for  farm  products  and  standards  for  the  grade  and  other 
classification  of  farm  products. 

16.  To  prescribe  and  promulgate  rules  and  regulations  govern- 
ing the  marks,  brands,  and  labels  which  may  be  required  upon  recep- 
tacles for  farm  products. 

36.  To  establish  standards  of  weights  and  measures  and  enforce 
compliance  therewith. 

Comp.  Stats.,  1919,  Vol.  1,  ch.  118,  p.  734. 

Sec.  2555  (al919).  State  standards,  care  and  custody;  county  and 
municipal  standards. — The  department  of  agriculture  shall  have  the 
care  and  custody  of  the  authorized  public  standards  of  weight  and 
measures  and  of  balances  and  other  apparatus  of  all  kinds  owned  by 
the  State.  It  shall  maintain  the  State  standards  in  good  order  and 
submit  them  at  least  once  in  every  ten  years  to  the  National  Bureau 
of  Standards  for  verification.  It  shall  compare  and  adjust  by  the 
State  standards  all  county,  municipal,  and  other  official  standard 
weights,  measures,  balances  and  measuring  devices  which  may  be 
sent  or  brought  to  it  for  that  purpose,  and  shall  seal  the  same  when 
found  or  made  to  conform  to  the  State  standards,  by  stamping  upon 
each  the  letter  "  I "  and  the  last  two  figures  of  the  year  in  which  the 
said  comparison  and  adjustment  have  been  made,  with  seals  which 
it  will  have  and  keep  for  that  purpose:  Provided,  That  it  may  re- 
fuse to  compare  and  seal  any  weights,  measures,  balances  or  measur- 
ing devices  as  standards  for  any  county,  municipality  or  public  of- 
fices which  do  not  conform  to  the  type  approved  by  the  National 
Bureau  of  Standards  for  such  use.  It  shall  enforce  all  laws  now 
existing  or  which  may  hereafter  be  enacted  in  any  manner  whatever 
relating  to  weights  and  measures  and  false  weights. 

Sec.  2556.  Inspection  of  weights  and  measures. — The  department  of 
agriculture  may  try  and  prove  weights,  measures,  balances  and  other 
measuring  devices  on  request,  for  any  person,  corporation  or  insti- 
tution, and  when  the  same  are  found  or  made  to  conform  to  the 
State  standards,  and  otherwise  fulfill  such  reasonable  requirements 
as  it  shall  make,  the  department  may  seal  the  same  with  a  seal  which 
it  shall  have  and  keep  for  that  purpose. 

Sec.  2557.  Eecord  and  report;  regulations. — The  department  of  agri- 
culture shall  keep  a  record  of  all  of  the  weights,  measures,  balances 

193 


194  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

or  other  measuring  devices,  sealed  or  condemned  by  it,  and  shall  make 
an  annual  report  to  the  governor  on  or  before  January  first,  of  each 
year,  a  copy  of  which  shall  be  filed  with  the  National  Bureau  of 
Standards.  It  shall  issue,  from  time  to  time,  regulations  for  the 
guidance  of  county,  municipal  and  all  other  inspectors  or  sealers 
of  weights  and  measures,  and  the  said  regulations  shall  govern 
the  procedure  to  be  followed  by  the  aforesaid  officers  in  the 
discharge  of  their  duties. 

Sec.  2558.  Record  of  apparatus  to  be  kept;  biennial  report. — The  de- 
partment of  agriculture  shall  keep  records  of  all  weights  and 
measures,  balances  and  measuring  devices  inspected,  sealed  or  con- 
demned by  it,  giving  the  name  of  the  owner  or  agent,  the  place  of 
business,  the  date  of  inspection,  and  kind  of  apparatus  so  inspected, 
sealed  or  condemned,  and  shall  make  a  biennial  report  of  the  same 
to  the  governor  on  or  before  the  first  day  of  December,  giving  in 
addition  to  the  above,  an  inventory  of  the  standards  and  apparatus 
in  its  possession,  and  such  other  information  as  the  department 
may  deem  important. 

Sec.  2559.  Free  testing  service ;  disposal  of  condemned  apparatus. — The 
department  of  agriculture  shall  try  and  prove  all  weights,  measures, 
balances  and  measuring  devices  used  in  the  State  of  Idaho  without 
charge,  and  when  the  same  are  found  or  made  to  conform  to  the 
authorized  standards,  it  shall  seal  and  mark  such  weights,  measures, 
balances  and  measuring  devices  with  a  seal  to  be  kept  by  it  for  that 
purpose.  Where  any  weight,  measure,  balance  or  measuring  device 
is  found  to  be  false  or  untrue,  or  which  does  not  conform  to  the 
standards,  or  which  can  not  be  made  to  conform  to  the  standards 
by  such  means  as  the  department  may  have  at  its  disposal,  it  shall 
condemn  the  same  and  mark  it  condemned  in  a  conspicuous  manner, 
and  such  condemnation  mark  shall  not  be  removed  or  defaced,  except 
by  authorization  of  the  said  department. 

Sec.  2560.  Authority  to  enter  premises. — The  department  of  agricul- 
ture through  its  officers,  shall  have  full  power  to  enter  any  premises 
in  or  on  which  any  weights,  measures,  balances  or  measuring  devices 
may  be  located  or  used  for  the  purpose  of  trade,  for  the  purpose 
of  inspecting,  adjusting  and  sealing  or  condemning  the  same. 

Sec.  2561.  State  standards. — Such  standard  weights  and  measures 
as  have  been  furnished  to  this  State  by  the  government  of  the 
United  States,  in  accordance  with  a  joint  resolution  of  Congress, 
approved  June  17  [14],  1836,  and  such  weights,  measures,  balances 
and  measuring  devices  as  may  be  received  from  the  United  States 
as  standard  weights,  measures,  balances  and  measuring  devices,  in 
addition  thereto  or  in  renewal  thereof,  shall  be  the  authorized  stand- 
ards of  the  State  of  Idaho. 

Sec.  2562.  Units  of  measures  of  length  and  surface. — The  units  of 
standard  measures  of  length  and  surface  from  which  all  other  meas- 
ures of  extension,  whether  linear,  superficial  or  solid,  shall  be 
derived  and  ascertained,  are  the  standard  of  length  designated  in 
this  chapter.  The  yard  is  divided  into  three  equal  parts  called  feet, 
and  each  foot  into  12  equal  parts  called  inches.  For  measures  of 
cloth  and  other  commodities  commonly  sold  by  the  yard,  the  yard 
may  be  divided  into  halves,  quarters,  eighths  and  sixteenths.  The 
rod  pole  or  perch  contains  5%  yards;  the  mile,  1,760  yards;  the  chain 


IDAHO 


195 


for  measuring  land  is  22  yards  long  and  is  divided  into  100  equal 
parts  called  links.  The  acre  of  land  measure  shall  be  measured 
horizontally  and  contain  10  square  chains,  equivalent  in  area  to  a 
rectangle  16  rods  in  length  and  10  rods  in  breadth;  640  acres  being 
contained  in  a  square  mile. 

Sec.  2563.  Standards  of  weight. — The  units  of  standards  of  weight, 
from  which  all  other  weights  shall  be  derived  and  ascertained,  shall 
be  the  standard  weights  designated  in  this  chapter.  The  hundred- 
weight consists  of  100  avoirdupois  pounds,  and  a  ton  contains  20 
hundredweight.  Whenever,  hereafter  in  this  chapter  the  word 
"  pound  "  is  used,  it  shall  mean  the  avoirdupois  pound,  unless  other- 
wise distinctly  specified. 

Sec.  2564.  Units  of  capacity  for  dry  commodities. — The  units  of  stand- 
ards of  measure  of  capacity  for  commodities,  not  liquids,  from  which 
all  other  measures  shall  be  derived  and  ascertained,  shall  be  the 
standards  for  such  commodities  designated  in  this  chapter.  The 
peck,  half-peck,  quarter-peck,  quart,  pint  and  half -pint  measures  for 
measuring  commodities  which  are  not  liquids  shall  be  derived  from 
the  half -bushel  by  successively  dividing  that  measure  by  two. 

Sec.  2565.  Units  of  capacity  for  liquids. — The  units  of  standards  of 
measures  of  capacity  for  liquids,  from  which  all  other  measures  shall 
be  derived  and  ascertained,  shall  be  the  standard  liquid  measures 
designated  in  this  chapter.  The  liquid  gallon  shall  be  divided  by 
continual  division  by  the  number  2  so  as  to  make  half-gallons,  quarts, 
pints,  half -pints  and  gills. 

Sec.  2566.  Standard  electrical  measures. — The  standards  of  electrical 
measures  recognized  by  the  National  Bureau  of  Standards,  when 
procured  by  the  State,  shall  be  the  standard  of  electrical  measures 
in  the  State  of  Idaho. 

Sec.  2567.  Metric  system  legal. — The  weights  and  measures  of  the 
metric  system  shall  be  legal  weights  and  measures  in  the  State  of 
Idaho. 

Sec.  2568,  as  amended  by  Laws,  1921,  ch.  167,  p.  362.  Standard  weights 
established. — Whenever  any  of  the  following  articles  shall  be  con- 
tracted for,  or  sold,  or  delivered,  and  no  special  contract  or  agree- 
ment shall  be  made  to  the  contrary,  such  sale  and  all  computations 
for  payment  or  settlement  therefor  shall  be  by  weight. 

The  net  weight  per  barrel  or  bushel,  or  divisible  merchantable 
quantities  of  a  barrel  or  bushel,  shall  be  as  follows: 

Wheat  flour,  per  barrel,  196  pounds;  per  half -barrel,  98  pounds; 
per  quarter-barrel  sack,  49  pounds;  per  one-eighth  barrel  sack,  24 
pounds;  per  one-sixteenth  barrel  sack,  12  pounds. 

Corn  meal,  per  bushel  sack,  48  pounds;  per  half -bushel  sack,  24 
pounds;  per  quarter-bushel  sack,  12  pounds. 

Of  the  following  articles  per  bushel : 


Pounds 

Wheat 60 

Rye 56 

Indian  corn,  in  the  ear 70 

Kaffir  corn 56 

Rice  corn 56 

Corn,  shelled 56 

Sorghum  seed 50 

Buckwheat 50 

Sweet  potatoes 50 


Pounds 

Turnips 55 

Flaxseed 56 

Onions 57 

Salt 80 

Castor  beans 46 

Hemp  seed 44 

Native  blue-grass  seed 14 

English  blue-grass  seed 22 

Timothy    seed 45 


196 


LAWS  CONCERNING  WEIGHTS  AND  MEASURES 


Pounds 

Dried  peaches 33 

Dried  apples 24 

Barley 48 

Malt 32 

32 


Pounds 

Unslacked  lime 80 

Plastering  hair,  unwashed 8 

Plastering  hair,  washed 4 

Parsnips 50 

Carrots 50 

Beets 56 

Tomatoes 56 

Peaches 48 

Shelled  dried  peas 60 

Alfalfa   seed 60 


Oats 

Bran 20 

Beans 60 

Clover   seed 60 

Hungarian  and  millet  seed 50 

Potatoes 60 

Green    apples 48 

Sec.  2569  (1883).  Standard  of  measurement  for  stone  masonry. — The 
perch  is  the  standard  of  measurement  of  stone  masonry  and  con- 
tains 16!/2  solid  feet. 

Sec.  2570  (al913).  Standard  cord. — Unless  otherwise  especially  agreed 
upon,  a  cord  of  wood  shall  contain  128  cubic  feet,  8  feet  long,  4 
feet  high  and  4  feet  wide. 

Sec.  2571  (1913).  Contracts,  sales  or  purchases,  how  construed.— All 
contracts,  sales  or  purchases  hereafter  made  for  work  to  be  done, 
or  for  anything  to  be  sold  or  delivered  or  done,  by  weight  or  meas- 
ure, within  this  State,  shall  be  taken  and  construed  in  terms  of,  and 
according  to,  the  standards  of  weights  and  measures  adopted  by 
this  chapter,  except  where  parties  have  agreed  upon  any  other 
calculations  or  measurements;  and  all  statements  and  representa- 
tions of  any  kind  referring  to  the  weights  or  measures  of  commod- 
ities sold  or  purchased,  or  exposed  for  sale,  shall  be  understood  in 
terms  of  the  standards  of  weights  or  measures  aforesaid. 

Sec.  2572.  Dry  commodities;  how  sold. — All  dry  commodities,  not 
otherwise  specified  in  this  chapter,  shall  be  sold  only  by  standard 
and  dry  measure,  standard  weight,  or  numerical  count,  except  where 
parties  otherwise  agree. 

Sec.  2573  (1905).  Apple  boxes. — A  box  or  packet  of  apples  shall  con- 
tain 2,150.42  cubic  inches. 

Sec.  2574  (al913).  Berry  boxes. — Berries  and  small  fruits,  whenever 
sold  in  boxes,  shall  be  sold  in  boxes  containing  a  standard  dry  quart 
or  dry  pint,  and  if  said  boxes  contain  less  than  this  amount,  the 
information  must  be  given  to  the  purchaser,  and  such  packages 
must  be  labeled  with  a  statement  of  the  net  contents. 

Sec.  2575.  Milk  and  cream. — All  milk  or  cream  that  shall  be  sold  in 
bottles  shall  be  sold  only  in  bottles  containing  half-pints,  pints, 
quarts,  half -gallons  or  gallons.  All  other  liquid  commodities  shall 
be  sold  only  by  standard  liquid  measure  or  standard  weight,  except 
where  parties  otherwise  agree. 

Sec.  2576.  Lard  pails. — Each  pail  or  bucket  of  lard,  lard-compound, 
or  lard  substitute  offered  or  exposed  for  sale  in  the  State  of  Idaho, 
shall  have  the  net  weight  plainly  stamped  upon  the  label  in  letters 
not  less  than  a  quarter-inch  high. 

Sec.  2577.  Bread,  standard  loaf;  loaves  not  full  weight. — A  whole  loaf 
of  bread  for  sale  shall  not  be  less  than  16  ounces  in  weight,  24  hours 
after  baking.  Bread,  unless  composed  in  chief  parts  of  rye  or  maize, 
shall  be  sold  only  in  whole  and  half  loaves,  and  not  otherwise. 
Bread,  when  sold,  shall,  upon  the  request  of  the  buyer,  be  weighed 
in  his  presence,  and  if  found  deficient  in  weight,  additional  bread 
shall  be  delivered  to  make  up  the  legal  weight,  except  that  this 
section  shall  not  apply  to  rolls  or  to  fancy  bread  weighing  less  than 


IDAHO  197 

one-quarter  of  a  pound.  Every  loaf  or  half  loaf  of  bread  which 
does  not  weigh  the  full  weight  required  by  this  section  shall  be 
plainly  labeled  with  the  exact  weight. 

Sec.  2578.1  Butter,  weight;  how  marked. — A  print  or  package  of  but- 
ter shall  contain  16  ounces  avoirdupois,  and  when  a  print  or  pack- 
age of  butter  containing  less  than  16  ounces  avoirdupois  shall  be 
sold,  its  net  weight  shall  be  disclosed  by  the  seller  to  the  buyer 
and  a  statement  of  the  net  weight  be  distinctly  printed  on  the 
wrapper  thereof. 

See.  2579.  Sale  and  delivery  prima  facie  representation;  variations,  or 
tolerances,  how  ascertained;  not  applicable  to  packed  meats. — The  sell- 
ing and  delivery  of  any  commodity  or  article  of  merchandise  shall 
be  prima  facie  evidence  of  representations  on  the  part  of  the  vendor 
that  the  quantity  sold  and  delivered  was  the  quantity  bought  by 
the  vendee.  There  shall  be  taken  into  consideration  the  usual  and 
ordinary  leakage,  evaporation  or  waste  that  may  take  place  from 
the  time  the  package  is  filled  by  the  vendor  until  the  selling  of  the 
same;  a  slight  variation  from  the  stated  weight,  measure  or  quan- 
tity for  individual  packages  is  permissible,  provided  this  variation 
is  as  often  above  as  below  the  weight,  measure  or  quantity  stated  or 
represented,  except  that  this  section  shall  not  apply  to  meats  packed 
in  sacks,  crates  or  boxes. 

Sec.  2580.  Penalty  for  interference. — Whoever  hinders,  obstructs,  or 
in  any  way  interferes  with  any  sealer  or  other  person  authorized 
to  inspect  weights  and  measures,  while  in  the  performance  of  said 
inspection,  or  whoever  fails  to  produce,  upon  demand  by  such  au- 
thorized sealer  or  inspector,  all  weights  and  measuring  devices  in 
or  upon  his  place  of  business  or  in  his  possession  for  use  in  manu- 
facture or  trade,  shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  subject  to  a  fine  of  not  less  than  $5  nor 
more  than  $100. 

Sec.  2581.  Using  false  apparatus  or  marking  false  weight  or  measure, 
penalty. — Any  person,  persons,  firm  or  corporation,  who  shall  use  any 
false  scales,  beam,  weight  or  measure,  or  who  shall  mark  or  stamp 
false  weight  or  measure  on  any  container,  package  or  cask,  or  who 
shall  sell,  offer  for  sale,  or  have  in  his  possession  for  sale,  any  article 
which  does  not  conform  to  the  United  States  standards  or  the  stand- 
ards designated  in  this  chapter,  or  neglects,  fails  to  conform  with, 
or  violates  any  of  the  provisions  of  this  chapter,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  to  exceed 
$300  for  each  offense,  or  imprisoned  in  the  county  jail  not  exceeding 
90  days. 

Comp.  Stats.,  1919,  Vol.  1,  ch.  163,  p.  1115. 

Sec.  3939  (al915).  Powers  of  municipal  corporations. — In  addition  to 
the  powers  hereinbefore  granted  under  the  provisions  of  this  chap- 
ter, any  municipal  corporation  may,  by  ordinance  or  by-laws,  exercise 
the  powers  prescribed  in  the  following  sections,  3940  to  3973, 
inclusive. 

Sec.  3958.  Regulation  of  weights  and  measures. — Establish  standard 
weights  and  measures,  and  regulate  the  weights  and  measures  to  be 
used  in  the  municipality,  and  to  regulate  the  weighing  and  measur- 

1  See  also  see.  1736  infra,  p.  201. 


198  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

ing  of  every  commodity  sold  in  the  municipality,  in  all  cases  not 
otherwise  provided  by  law. 

Sec.  3959.  Inspection  of  hay,  grain,  and  fuel. — Provide  for  the  in- 
spection of  hay,  grain  and  coal,  and  the  measuring  of  wood  and  fuel 
to  be  used  in  the  municipality,  and  to  determine  the  place  or  places 
of  the  same,  and  to  regulate  and  prescribe  the  place  or  places  of 
exposing  for  sale,  hay,  coal  and  wood;  to  fix  the  fees  and  duties  of 
persons  authorized  to  perform  the  duties  named  in  this  section. 

Sec.  3995  (al919).  Municipality  may  establish  inspection  department; 
verification  of  standards. — Any  municipality  in  the  State  may  estab- 
lish a  department  of  public  inspection  of  weights  and  measures,  and 
shall  have  power  to  appoint  a  sealer  and  deputies  and  fix  their  com- 
pensation, and  to  pass  such  ordinances  not  in  conflict  with  the  State 
laws  as  may  be  deemed  necessary ;  and  if  a  city  or  municipality,  shall 
establish  such  a  department  it  shall  provide  the  sealer  with  suitable 
quarters,  a  set  of  standards  to  be  specified  by  the  department  of  agri- 
culture, and  all  other  equipment  for  the  proper  performance  of  his 
duties.  All  municipal  standards  shall  be  tried,  proved,  and  sealed 
under  the  direction  of  the  department  of  agriculture,  and  shall  be 
returned  to  him  [it]  for  verification  at  least  once  every  five  years. 
They  shall  make  reports  to  the  department  of  agriculture  on  blanks 
to  be  furnished  by  it  on  or  before  the  1st  day  of  September  of  each 
year. 

Sec.  3996  (1917).  Municipal  wagon  scales;  establishment. — The  city 
council  of  any  city  or  the  board  of  trustees  of  any  village  of  the 
State  of  Idaho  are  authorized  and  empowered  to  buy,  establish 
and  maintain  public  wagon  scales  in  such  municipality,  and  the 
said  city  council  or  board  of  trustees  are  authorized  and  empowered 
to  buy  and  maintain  scales  already  in  use  in  the  said  municipality, 
the  same  to  be  used  and  maintained  as  a  public  wagon  scale  in  such 
municipality  for  the  public  use  therein. 

Sec.  3997.  Same;  maintenance;  weighmaster. — The  city  council  of  any 
city  or  the  board  of  trustees  of  any  village  or  any  such  municipality 
wherein  such  public  wagon  scales  are  maintained  shall  have  control 
of  such  scales  and  shall  make  such  rules  or  regulations  in  regard  to 
the  maintenance  and  use  of  the  same  as  they  shall  deem  proper,  and 
the  said  city  council  or  board  of  trustees  shall  biennially  appoint  a 
public  weighmaster,  whose  duty  it  shall  be  to  have  charge  of  such 
scales  and  properly  weigh  all  articles  and  commodities  thereof 
[thereon]  as  hereafter  provided  and  give  a  statement  to  such  person 
applying  to  have  such  articles  weighed,  and  such  statement  shall  be 
prima  facie  evidence  of  the  correct  weight  of  such  articles  or  com- 
modities; and  the  citjr  council  or  board  of  trustees  shall  fix  the 
compensation  of  said  weighmaster,  which  compensation  shall  be 
paid  out  of  the  treasury  of  such  municipality,  and  shall,  from  time 
to  time,  fix  the  price  to  be  charged  for  weighing  any  article  or  com- 
modity thereon,  and  the  weighmaster  shall  collect  such  charge  at 
the  time  of  weighing  such  articles  or  commodities  and  shall,  at  the 
end  of  each  month,  pay  all  moneys  collected  by  him  for  such  charge 
into  the  treasury  of  the  municipality  and  file  with  the  clerk  of  such 
municipality  a  statement  of  the  amount  of  all  such  moneys  collected. 


TDAHO  199 

Comp.  Stats.,  1919,  Vol.  1,  ch.  150,  p.  971. 

Sec.  3470  (al917).  Public  wagon  scales. — The  county  commissioners 
of  any  county  outside  of  any  incorporated  city  or  village  may,  upon 
petition  of  ten  freeholders  in  any  county  within  the  State  of  Idaho, 
establish  and  maintain  public  wagon  scales  at  such  point  within  such 
county  as  may  be  designated  in  said  petition:  Provided},  That  the 
persons  signing  the  petiton  shall  certify  that  the  petitioners  regularly 
deliver  their  produce  to  the  point  designated  in  said  petition. 

Sec.  3471.  Regulation  of  wagon  scales;  weighmaster. — The  county 
commissioners  of  such  county  wherein  such  public  scales  are  main- 
tained shall  have  control  of  such  scales  and  shall  make  such  rules 
and  regulations  in  regard  to  the  maintenance  and  use  of  the  same 
as  they  shall  deem  proper,  and  the  said  county  commissioners  shall 
appoint  as  many  public  weighmasters  as  they  may  deem  necessary 
and  fix  their  compensation.  Such  weighmasters  shall  have  charge  of 
such  scales  and  properly  weigh  all  articles  and  commodities  thereon 
and  give  a  statement  to  such  persons  applying  to  have  such  article 
or  commodity  weighed,  and  such  statement  shall  be  prima  facie  evi- 
dence of  the  correct  weight  of  such  articles  or  commodities.  They 
shall  collect  such  charge  at  the  time  of  weighing  such  article  or 
commodity  as  shall  be  fixed  by  the  board  of  county  commissioners, 
and  at  the  end  of  each  month  make  a  written  report  of  all  moneys 
collected  by  them  for  such  charge  and  pay  to  the  treasurer  of  such 
county  all  of  such  funds:  Provided,  however,  such  weighmaster 
shall  retain  as  his  compensation  such  portions  of  the  above  moneys 
which  he  has  collected  as  may  have  been  fixed  by  the  board  of  county 
commissioners. 

Sec.  3472.  Establishment  by  individuals;  maintenance  by  county. — If 
the  aforesaid  petitioners  or  a  less  number  desire  to  establish  a  pub- 
lic wagon  scale  and  dedicate  the  same  to  the  public  use,  they  may 
do  so  at  their  own  expense,  and  such  public  scale  shall  be  subject  to 
the  same  rules  and  regulations  and  all  of  the  provisions  of  this  article 
as  though  originally  established  by  and  at  the  expense  of  the  board  of 
county  commissioners,  or  the  board  of  county  commissioners  may 
contribute  any  parts  of  the  expense  of  erecting  such  public  wagon 
scale,  and  the  persons  desiring  the  same  shall  pay  the  balance  of  such 
purchase  price:  Provided,  That  in  case  either  method  hereinbefore 
mentioned  is  adopted  in  establishing  the  wagon  scale,  the  said  scale 
shall  become  the  property  of  the  county  in  which  it  is  situated  and  be 
subject  to  the  rules  and  regulations  of  the  boards  of  county  commis- 
sioners and  all  of  the  provisions  of  this  article  relating  to  county  pub- 
lic wagon  scales. 

Sec.  3473.  Expenses  paid  from  and  receipts  credited  to  current  expense 
fund. — Any  expense  incurred  under  the  provisions  of  this  article  re- 
lating to  county  public  wagon  scales,  except  compensation  to  weigh- 
masters, which,  in  all  cases,  shall  be  paid  as  provided  in  section  3471, 
shall  be  paid  out  of  the  current  expense  fund  of  the  said  county,  and 
all  moneys  received  from  weighing  charges  as  herein  provided  shall 
be  credited  to  the  current  expense  fund  of  the  county  in  which  such 
scale  is  situated. 

Sec.  3474.  Weighmaster's  statement.— All  statements  issued  by  any 
weighmaster  under  the  provisions  of  this  article  shall  be  made  in 
triplicate,  one  copy  of  which  shall  be  retained  by  the  weighmaster. 


200  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

one  copy  shall  accompany  the  report  to  the  county  commissioners, 
and  the  original  statement  shall  be  given  to  the  person  for  whom 
such  weighing  was  done.  Such  statement  shall  be  in  substantially 
the  following  term : 

County  public  weighing  scale  No. Receipt  No. 

Location Date 

Weighed  for 

Quality  of  article  or  commodity r_ 

Gross  weight Tare  

Net  weight Weighing  charge 

Signed 

Weighmaster. 
Comp.  Stats.,  1919,  Vol.  2,  ch.  308,  p.  2350. 

Sec.  8491°.  False  weights  and  measures. — A  false  weight  or  measure 
is  one  which  does  not  conform  to  the  standard  established  by  the 
laws  of  the  United  States  of  America. 

Sec.  8492.  Selling  by. — Every  person  who  knowingly  sells  any  goods, 
wares  or  merchandise,  or  any  valuable  thing,  by  false  weight  or 
measure,  or  knowingly  uses  false  measures  at  any  mill  in  taking  toll 
for  grinding  corn,  wheat,  rye  or  other  grain,  is  guilty  of  a  misde- 
meanor. 

Sec.  8493.  Using  false  weights  or  measures. — Every  person  who  uses 
any  weight  or  measure,  knowing  it  to  be  false,  by  which  use  another 
is  defrauded  or  otherwise  injured,  is  guilty  of  a  misdemeanor. 

Sec.  8494.  Stamping  false  weight  on  packages. — Every  person  who 
knowingly  marks  or  stamps  false  or  short  weight  or  measure,  or 
false  tare,  on  any  cask  or  package,  or  knowingly  sells  or  offers  for 
sale  any  cask  or  package  so  marked,  is  guilty  of  a  misdemeanor. 

Sec.  8495.  Sales  by  ton  or  pound;  full  weight  must  be  given. — In  all 
sales  of  coal,  hay  and  other  commodities,  usually  sold  by  the  ton  or 
fractional  parts  thereof,  the  seller  must  give  to  the  purchaser  full 
weight,  at  the  rate  of  two  thousand  pounds  to  the  ton ;  and  in  all 
sales  of  articles  which  are  sold  in  commerce  by  avoirdupois  weight 
the  seller  must  give  to  the  purchaser  full  weight,  at  the  rate  of  six- 
teen ounces  to  the  pound.  Any  person  violating  this  section  is 
guilty  of  a  misdemeanor. 

Sec.  8496  (1885).  Fraudulent  scales  for  weighing  or  assaying  ores. — 
Every  person,  association  or  corporation,  or  the  agent  of  any  person, 
association  or  corporation,  engaged  in  the  business  of  milling,  sam- 
pling, concentrating,  reducing,  shipping  or  purchasing  ores,  who 
keeps  or  uses  any  false  or  fraudulent  scales  or  weights  for  weighing 
ores,  who  keeps  or  uses  any  false  or  fraudulent  assay  scales  or 
weights  for  ascertaining  the  assay  value  of  ore,  knowing  them  to  be 
false,  is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  in  any 
sum  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  of  not  more  than  one  year  nor  less  than  one 
month,  or  by  both  such  fine  and  imprisonment. 

Sec.  8497.  Fraudulent  alteration  of  value  of  ores ;  fraud  in  sale  of  ore. — 
Every  person,  corporation  or  association,  or  the  agent  of  any  person, 
corporation  or  association,  engaged  in  milling,  sampling,  concentrat- 
ing, reducing,  shipping  or  purchasing  ores  in  this  State,  who  in  any 
manner  knowingly  alters  or  changes  the  true  value  of  any  ores  de- 
livered to  him  or  them,  so  as  to  deprive  the  seller  of  the  result  of  the 


IDAHO  201 

correct  value  of  the  same,  or  who  issues  any  bill  of  sale  or  certificate 
of  purchase  that  does  not  exactly  and  truthfully  state  the  actual 
weight,  assay  value  and  total  amount  paid  for  any  lot  or  lots  of  ore 
purchased,  or  who,  by  any  secret  understanding  or  agreement  with 
another,  issues  a  bill  of  sale  or  certificate  of  purchase  that  does  not 
exactly  and  truthfully  state  the  actual  weight,  assay  value  and  total 
amount  paid  for  any  lot  or  lots  of  ore  purchased,  or  who,  by  any 
secret  understanding  or  agreement  with  another,  issues  a  bill  of  sale 
or  certificate  of  purchase  that  does  not  truthfully  and  correctly  set 
forth  the  weight,  assay  value  and  total  amount  paid  for  any  lot  or 
lots  of  ore  purchased  by  him,  is  guilty  of  a  misdemeanor,  and  shall 
be  punished  as  provided  in  the  preceding  section. 

Comp.  Stats.,  1919,  Vol.  1,  eh.  70,  p.  464. 

Sec.  1692  (1911).  "  Misbranded  "  defined. — For  the  purpose  of  this 

article  food  shall  be  deemed  to  be  misbranded — 

******* 

3.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 

weight  or  measure,  the  net  weight  or  measure  is  not  plainly  or 

correctly  stated  on  the  outside  of  the  package. 

******* 

Sec.  1727.  Weight  of  milk. — A  pint  of  milk  shall  weigh  one  pound 
strong  and  a  quart  of  milk  shall  weigh  two  pounds  strong  and  shall 
not  be  sold  otherwise. 

Sec.  1728.  Penalties. — Any  person,  or  persons,  corporation  or  cor- 
porations violating,  or  who  shall  fail  to  comply  with  the  preceding 
sections,  numbered  1705  to  1727  inclusive,  or  any  part,  provision 
or  section  thereof,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  not  less  than  $10  and 
not  exceeding  $300,  or  by  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  six  months,  or  both  such  fine  and  imprison- 
ment. 

Sec.  1729  (al909).  Milk  cans  to  have  tag  showing  capacity;  violation; 
punishment. — *  *  *  Every  person  or  corporation  who  shall  en- 
gage in  the  business  of  purchasing  or  dealing  in  milk  shall  attach 
in  a  permanent  manner  to  each  can  furnished  by  him  or  the  pro- 
ducer, a  tag  containing  in  plain  figures  a  correct  statement  of  the 
capacity  thereof.  Any  neglect  or  failure  or  false  statement  on  the 
part  of  the  proprietor  or  manager  of  such  creamery,  cheese  factory, 
dairy  or  milk  vendor  or  milk  peddler,  shall  be  considered  a  misde- 
meanor, and  upon  conviction  thereof  the  person  guilty  shall  be  pun- 
ished as  provided  in  section  167f> :     *     *     * 

Sec.  1736  (1905).  Weight  of  butter.— Each  package  of  butter  of- 
fered or  exposed  for  sale  shall  have  stamped  upon  the  wrapper  or 
package,  the  actual  number  of  ounces  contained  in  said  package. 
Each  square  or  roll  of  butter  kept,  exposed  or  offered  for  sale  in 
the  State  of  Idaho,  which  is  represented  to  contain  one  pound  in 
weight,  shall  contain  full  sixteen  ounces;  and  each  square  or  roll  of 
butter  kept  or  offered  for  sale  in  the  State  of  Idaho,  which  shall  be 
represented  to  contain  two  pounds  in  weight  shall  contain  full  thirty- 
two  ounces.2 

7  See  sec.  2578  supra,  p.  197. 


202  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  1738  (al915).  Method  of  testing  cream. — All  cream  sold  in  the 
State  of  Idaho  for  manufacturing  purposes  shall  be  tested  for  butter 
fat  by  the  following  prescribed  method:  The  Babcock  test  shall 
be  employed,  and  samples  used  in  testing  shall  be  weighed  on  a 
suitable  scale  or  balance,  and  where  18  grams  are  used  as  a  sample 
the  same  shall  be  tested  in  a  9-inch  bottle  graduated  to  at  least 
0.5  per  cent,  or  where  9  grams  are  used  as  a  sample  the  same  shall 
be  tested  in  a  6-inch  bottle  graduated  to  at  least  0.5  per  cent,  also 
graduated  to  give  full  reading  of  the  test,  and  in  all  tests  the  column 
of  butter  fat  shall  be  read  at  a  temperature  of  not  less  than  120 
degrees  Fahrenheit. 

Sec.  1740.  Check  to  show  number  of  pounds  purchased. — Every  person, 
corporation  or  company  operating  a  creamery,  when  using  the  Bab- 
cock test  as  a  standard  to  determine  the  value  of  any  milk  or  cream 
received  or  bought  by  such  person,  corporation  or  company  to  be 
manufactured  into  butter,  shall,  when  paying  for  such  milk  or 
cream,  include  in  every  statement  or  check  issued  to  any  patron  in 
payment  therefor  a  statement  of  the  number  of  pounds  of  butter  fat 
for  which  payment  is  made. 

Sec.  1741.  Apparatus  to  be  correct. — Any  manufacturer,  merchant, 
dealer  or  agent  in  this  State  who  shall  offer  for  sale  or  sell  a  milk 
pipette  or  measure,  test  tube  or  bottle  which  is  not  correctly  marked 
or  graduated,  as  herein  provided,  shall  be  guilty  of  a  misdemeanor. 

Sec.  1744.  Penalties. — Whoever  shall  violate  any  of  the  provisions  of 
sections  1738  and  1743,  inclusive,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $200,  for  each  and  every  offense,  or  be 
imprisoned  in  the  county  jail  not  less  than  30  days  nor  more  than 
60  days,  or  both  such  fine  and  imprisonment. 

Laws,  1925,  ch.  224,  p.  435. 

Sec.  6.  Babcock  test. — Every  person  testing  milk  or  cream  to  deter- 
mine the  milkf at  as  a  basis  of  fixing  the  purchase  price  shall  secure 
a  tester's  license  from  the  department  and  shall  make  such  tests  only 
by  such  process  as  has  been  approved  by  the  department,  and  no  per- 
son shall  make  such  tests  without  such  license,  and  other  than  by  such 
process.  Each  applicant  for  such  license  shall  be  required  to  submit 
to  examination  or  by  actual  demonstration  show  that  he  is  competent 
to  test  cream  and  milk  according  to  the  regulations  prescribed  by  the 
department.  The  department  shall  furnish  at  cost  to  each  licensee  one 
standard  test  bottle  and  one  standard  pipette  adapted  to  the  use  of 
the  testing  machine  approved  for  the  licensee.  Said  bottle  and  pipette 
shall  be  certified  to  by  the  department  as  a  standard  and  shall  bear 
the  official  stamp  of  the  department.  Any  person  not  a  licensee  may 
secure  test  bottles  and  pipettes  from  the  department  at  cost.  The 
fee  for  each  license  shall  be  $2.50  per  year.  With  the  approval  of 
the  department  any  licensee  may  appoint  a  person  to  act  for  him  not 
to  exceed  a  period  of  fourteen  days. 

Sec.  7.  Unlawful  to  falsely  manipulate  test. — No  person  shall  falsely 
manipulate  or  misread  the  Babcock  test  or  any  other  milk  or  cream 
testing  apparatus.  The  writing  of  a  check  or  payment  of  money  by 
such  person  for  cream  or  milk  shall  constitute  prima  facie  evidence 
that  such  test  was  made. 


IDAHO  203 

Sec.  16.  Repeal. — Sections  1739  and  1743  of  the  Idaho  Compiled 
Statutes,  and  all  other  acts  or  parts  of  acts  in  conflict  herewith,  are 
hereby  repealed. 

Comp.  Stats.,  1919,  Vol.  1,  ch.  86,  p.  568. 

Sec.  2032  (1917).  Standards  for  farm  products  and  receptacles. — After 
investigation  and  public  hearing  the  department  of  agriculture  may, 
from  time  to  time,  as  far  as  practicable,  establish  and  promulgate 
standards  for  open  and  closed  receptacles  for  farm  products  and 
standards  for  the  grade  and  other  classification  of  farm  products, 
by  which  their  quantity,  quality  or  value  may  be  determined,  and 
prescribe  and  promulgate  rules  and  regulations  governing  the  marks, 
brands  and  labels  which  may  be  required  upon  receptacles  for  farm 
products  for  the  purpose  of  showing  the  name  and  address  of  the 
producer  or  packer,  the  quantity,  nature  and  quality  of  the  product, 
or  any  of  them,  and  for  the  purpose  of  preventing  deception  in  ref- 
erence thereto :  Provided,  That  any  standard  for  any  farm  product 
or  receptacle  therefor  or  any  requirement  for  making  receptacles  for 
farm  products  now  or  hereafter  established  under  authority  of  the 
Congress  of  the  United  States,  shall  forthwith,  as  far  as  applicable 
and  practicable,  be  established  or  prescribed  and  promulgated  by 
the  department  as  the  official  standard  or  requirement  in  this  State: 
Provided,  further,  That  no  standard  established  or  requirement  for 
marking  prescribed  under  this  article  shall  become  effective  until 
the  expiration  of  six  months  after  it  shall  have  been  promulgated. 

Sec.  2038  (1919).  Fruit  boxes,  how  marked;  misuse  of  labels. — It  shall 
be  the  duty  of  every  pei'son  growing  or  packing  and  selling,  offering 
for  sale  [or]  shipping  in  closed  boxes  or  packages,  any  fruit  grown 
in  this  State,  to  plainly  mark  the  same  on  the  outside  of  the  box  or 
package  with  the  name  of  the  variety  contained  therein  or  with  the 
words  "  variety  unknown,"  the  name  of  the  place  or  locality  where 
grown  and  the  name  of  the  grower,  or,  in  case  of  sale  or  shipment 
through  an  association  or  organization  of  growers,  the  name  of  such 
association,  and  the  lot  number  of  the  grower,  and,  in  case  of  apples, 
pears  or  peaches,  the  net  weight  or  the  number  contained  in  the 
package,  *  *  *  Provided,  That  nothing  in  this  section  shall  be 
construed  to  apply  to  canned  or  dried  fruit. 

Sec.  2057  (1917).  Sacked  products  to  be  sold  by  weight. — The  buyer 
of  grains,  vegetables  or  other  farm  products  sold  by  weight  in  sacks 
shall  have  the  right  to  deduct  the  net  weight  of  the  sacks  from  the 
total  weight  before  settling  for  the  same :  Provided,  That  when  the 
weight  of  the  said  sacks  are  so  deducted  said  sacks  shall  belong  to 
the  seller,  and  the  buyer  shall  so  mark  the  said  sacks  as  to  identify 
them  properly  and  return  them  to  the  seller  within  sixty  days  there- 
after upon  the  seller  paying  the  return  freight  charges  on  the  same 
from  the  point  of  unsacking :  Provided,  further,  That  this  law  shall 
not  apply  where  no  deduction  is  made  for  the  weight  of  the  sacks. 

Sec.  2058.  Violation,  penalty. — Any  buyer,  as  mentioned  in  the  pre- 
ceding section,  who  violates  the  provisions  thereof  shall  pay  to  the 
seller  named  therein  the  retail  price  of  all  sacks  not  returned  within 
the  sixty  days,  as  provided,  and  if  suit  shall  be  started  to  recover  the 
same  he  shall  pay  ten  per  cent  in  addition  as  liquidated  damages  and 
also  a  reasonable  attorney's  fee  and  costs. 


204  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Comp.  Stats.,  1919,  Vol.  1,  ch.  115,  p.  663. 

Sec.  2468  (1913).  Service  of  electric,  gas,  and  water  corporations; 
determination  of  standards. — The  commission  [public  utilities  commis- 
sion] shall  have  power,  after  hearing  had  upon  its  own  motion  or 
upon  complaint,  to  ascertain  and  fix  just  and  reasonable  standards, 
classifications,  regulations,  practices,  measurements  or  service  to  be 
furnished,  imposed,  observed  and  followed  by  all  electrical,  gas  and 
water  corporations;  to  ascertain  and  fix  adequate  and  serviceable 
standards  for  the  measurement  of  quantity,  quality,  pressure,  initial 
voltage  or  other  condition  pertaining  to  the  supply  of  the  product, 
commodity  or  service  furnished  or  rendered  by  any  such  public 
utility;  to  prescribe  reasonable  regulations  for  the  examination  and 
testing  of  such  product,  commodity  or  service  and  for  the  measure- 
ment thereof ;  to  establish  reasonable  rules,  regulations,  specifications 
and  standards  to  secure  the  accuracy  of  all  meters  and  appliances  for 
measurements;  and  to  provide  for  the  examination  and  testing  of 
any  and  all  appliances  used  for  the  measurement  of  any  product, 
commodity  or  service  of  any  such  public  utility. 

Sec.  2470.  Consumer  may  have  commodity  or  appliance  tested. — Any 
consumer  or  user  of  any  product,  commodity  or  service  of  a  public 
utility  may  have  any  appliance  used  in  the  measurement  thereof 
tested  upon  paying  the  fees  fixed  by  the  commission.  The  com- 
mission shall  establish  and  fix  reasonable  fees  to  be  paid  for  test- 
ing such  appliances  on  the  request  of  the  consumer  or  user,  the 
fee  to  be  paid  by  the  consumer  or  user  at  the  time  of  his  request, 
but  to  be  paid  by  the  public  utility  and  repaid  to  the  consumer  or 
user  if  the  appliance  is  found  defective  or  incorrect  to  the  disad- 
vantage of  the  consumer  or  user  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  commission. 

Comp.  Stats.,  1919,  Vol.  2,  ch.  217,  p.  1579. 

Sec.  5557  (1899).  Measurement  of  water. — A  cubic  feet  of  water  per 
second  of  time  shall  be  the  legal  standard  for  the  measurement  of 
water  in  this  State,  and  it  shall  be  the  duty  of  the  department  of 
reclamation  to  devise  a  simple,  uniform  system  for  the  measurement 
and  distribution  of  water. 

Comp.  Stats.,  1919,  Vol.  1,  ch.  112,  p.  656. 

Sec.  2344  (1903).  Official  seats  of  inspectors.— The  inspector  of  lum- 
ber district  number  one  shall  keep  his  office  at  Sandpoint,  Idaho ;  of 
district  number  two,  at  Harrison,  Idaho ;  of  district  number  three,  at 
Princeton,  Idaho;  of  district  number  four,  at  Emmett,  Idaho;  of 
district  number  five,  at  Lewiston,  Idaho. 

Sec.  2346.  Measuring  lumber. — Each  lumber  inspector  shall,  in  per- 
son or  by  deputy,  at  the  request  of  any  owner  of  logs,  timber  or  lum- 
ber, after  a  scalement  or  measurement  thereof,  make  a  bill  stating 
therein  the  number  of  logs,  the  number  of  feet,  board  measure,  con- 
tained in  such  logs  and  lumber,  and  the  number  of  feet,  cubic  running, 
or  board  measure,  contained  in  said  timber,  and  at  whose  request  the 
same  were  scaled  or  measured,  and  to  whom  scaled  or  measured,  a 
copy  of  which  he  shall  enter  upon  the  books  of  his  office,  to  be  pro- 
vided by  him  and  kept  for  that  purpose,  with  the  marks  as  they 
occurred  upon  the  logs.    A  correct  bill  of  the  same  shall  be  given  to 


IDAHO  205 

such  owner,  with  a  certificate  thereto  attached  that  it  is  a  true  and 
correct  bill,  which  bill  so  certified  shall  be  presumptive  evidence  of 
the  facts  therein  contained  and  of  the  correctness  of  such  scalement 
or  measurement  in  all  courts,  except  in  favor  of  the  inspector  who 
made  the  same. 

Sec.  2347.  Allowance  for  rotten  logs ;  accounts  of  deputies. — Each  lum- 
ber inspector  and  his  deputies  shall,  in  surveying  or  measuring  logs, 
make  such  allowance  for  hollow,  rotten  or  crooked  logs  as  would 
make  them  equal  to  good,  sound,  straight,  merchantable  logs ;  and  all 
logs  that  are  straight  and  sound  are  to  be  measured  at  their  full  size, 
inside  the  bark  at  the  small  end.  Each  lumber  inspector  shall  re- 
quire of  each  of  his  deputies,  at  the  end  of  each  month,  a  correct  ac- 
count of  all  the  logs,  lumber  or  timber  measured  by  him  during  the 
month  next  preceding,  and  he  shall  immediately  enter  such  account 
upon  the  books  of  his  office. 

Sec.  2348  (al919).  Standard  of  log  measurement. — Unless  otherwise 
agreed  upon,  the  Scribner  decimal  C  rule  shall  be  the  standard  rule 
for  scaling  or  measuring  logs  in  the  said  districts;  but  in  all  cases 
the  bill  of  the  inspector  shall  state  by  what  rule  the  logs  were  scaled 
or  measured. 


ILLINOIS 

Smith's  Revised  Stats.,  1921,  ch.  147,  p.  2002. 

Sec.  1  (al921).  State  standard  of  weights  and  measures.— The  weights 
and  measures  received  from  the  United  States  under  joint  resolu- 
tions of  Congress  approved  June  14,  1836,  and  July  27,  1866,  to  wit, 
one  yard  measure,  one  standard  half  bushel  containing  one  thousand 
and  seventy-five  and  twenty-one  hundredths  standard  cubic  inches, 
one  standard  wine  gallon  containing  two  hundred  and  thirty-one 
standard  cubic  inches,  one-half  gallon,  one  wine  quart,  one  wine  pint, 
one  wine  half  pint,  one  set  of  avoirdupois  weights,  consisting  of 
fifty,  twenty-five,  twenty,  ten,  five,  four,  three,  two  and  one  pounds, 
and  from  eight  ounces  down  to  one  dram;  one  set  of  troy  weights, 
from  five  thousand  pennyweights  down  to  half  a  grain  and  from  one 
pound  down  to  the  ten-thousandth  part  of  an  ounce,  and  such  new 
weights  and  measures  as  shall  be  received  from  the  United  States  as 
standard  weights  and  measures  in  addition  thereto  or  in  renewal 
thereof,  and  such  as  shall  be  supplied  by  the  State  in  conformity 
therewith  and  certified  by  the  National  Bureau  of  Standards,  shall 
be  the  State  standards  of  weights  and  measures. 

Sec.  2.  Office  standard  to  be  kept  in  office  of  director  of  trade  and  com- 
merce; verification.— In  addition  to  the  State  standards  of  weights 
and  measures,  provided  for  above,  there  shall  be  supplied  by  the 
State  at  least  one  complete  set  of  copies  of  these,  to  be  kept  at  all 
times  in  the  office  of  the  director  of  trade  and  commerce,  and  to  be 
known  as  office  standards;  and  such  other  weights,  measures  and 
apparatus  as  may  be  found  necessary  to  carry  out  the  provisions  of 
this  act,  to  be  known  as  working  standards.  Such  weights,  meas- 
ures, and  apparatus  shall  be  verified  by  the  director  of  trade  and 
commerce  upon  their  initial  receipt,  and  at  least  once  in  each 
year  thereafter  the  office  standards  shall  be  verified  by  direct  com- 
parison with  the  State  standards,  the  working  standards  by  com- 
parison with  the  office  standards.  When  found  accurate  upon  these 
tests,  the  office  and  working  standards  shall  be  sealed  by  stamping 
on  them  the  letter  "  ILL  "  and  the  last  two  figures  of  the  year  with 
seals  which  the  director  of  trade  and  commerce  shall  have  and 
keep  for  that  purpose.  The  office  standards  shall  be  used  in  mak- 
ing all  comparisons  of  weights,  measures,  and  weighing  or  meas- 
uring devices  submitted  for  test  in  the  office  of  the  director  of  trade 
and  commerce,  and  the  State  standards  shall  be  used  only  in  veri- 
fying the  office  standards  and  for  scientific  purposes. 

Sec.  3.  Safekeeping1  of  standards. — The  director  of  trade  and  com- 
merce shall  take  charge  of  the  standards  adopted  by  this  act  as  the 
standards  of  the  State,  and  caut»e  them  to  be  kept  in  a  fireproof  build- 
ing belonging  to  the  State  (or  in  a  safe  and  suitable  place  in  the  office 
of  the  director  of  trade  and  commerce),  from  which  they  shall  not 
be  removed  except  for  repairs  or  for  certification,  and  he  shall  take 

206 


ILLINOIS  207 

all  other  necessary  precautions  for  their  safekeeping.  He  shall 
maintain  the  State  standards  in  good  order  and  shall  submit  them 
at  least  once  in  ten  years  to  the  National  Bureau  of  Standards  for 
certification.  He  shall  keep  a  complete  record  of  the  standards,  bal- 
ances and  other  apparatus  belonging  to  the  State  and  shall  take  a 
receipt  for  the  same  from  his  successor  in  office. 

Sec.  4.  Weights,  etc.,  of  cities  to  be  tried  and  proved;  inspection. — It 
shall  be  the  duty  of  all  cities  in  this  State  required  to  appoint  in- 
spectors as  provided  for  herein,  at  least  once  in  five  years,  to  for- 
ward to  the  office  of  standards  at  Springfield,  Illinois,  all  stand- 
ard weights,  measures,  and  apparatus  which  may  belong  to  said 
cities,  for  the  purpose  of  having  the  same  tried  and  proved  by  the 
office  standards"bf  this  State,  and  upon  receipt  of  same,  the  director 
of  trade  and  commerce  shall  try  and  prove  said  apparatus  as  herein 
required,  and  he  shall  seal  said  weights,  measures  and  apparatus 
when  found  to  be  accurate  by  stamping  on  them  the  letters  "  ILL  " 
and  the  last  two  figures  of  the  year  with  seals  which  he  shall  have 
and  keep  for  that  purpose. 

The  director  of  trade  and  commerce  shall  inspect  all  standard 
weights,  measures,  and  other  apparatus  used  by  such  cities,  at  least 
once  in  two  years,  and  shall  keep  a  record  of  the  same.  He  shall, 
at  least  once  in  two  years,  visit  the  cities  for  the  purpose  and  in  order 
to  inspect  the  work  of  the  city  inspectors,  and  in  the  performance  of 
such  duties  he  may  inspect  the  weights,  measures,  balances,  or  any 
other  weighing  or  measuring  devices  of  any  citizen,  firm  or  corpora- 
tion, and  shall  have  the  same  power  as  the  city  inspectors  of  weights 
and  measures. 

The  director  of  trade  and  commerce  shall  issue  from  time  to  time 
regulations  for  the  guidance  of  city  inspectors,  and  the  said  regula- 
tions shall  govern  the  procedure  to  be  followed  by  the  aforesaid  in- 
spectors in  the  discharge  of  their  duties. 

Sec.  5.  Supervision  over  weights,  etc.,  sold;  tests  on  request;  State  insti- 
tution tests. — The  director  of  trade  and  commerce  shall  have  and 
keep  a  general  supervision  of  the  weights  and  measures  and  weigh- 
ing or  measuring  devices  offered  for  sale,  sold,  or  in  use  in  the 
State.  He  shall,  upon  the  written  request  of  any  citizen,  firm,  or 
corporation,  or  educational  institution  in  the  State,  test  or  calibrate 
weights,  measures,  and  weighing  or  measuring  devices  used  as  stand- 
ards in  the  State.  He  shall  at  least  once  annually  test  all  scales, 
weights,  and  measures  used  in  checking  the  receipts  or  disburse- 
ments of  supplies  in  every  institution  for  the  maintenance  of  which 
moneys  are  appropriated  by  the  legislature,  and  he  shall  report  in 
writing  his  findings  to  the  director  having  jurisdiction  over  the  in- 
stitution whose  measuring  devices  are  tested,  and,  at  the  request  of 
such  director,  the  director  of  trade  and  commerce  shall  appoint  in 
writing  one  or  more  employees  then  in  the  actual  service  of  the  in- 
stitution who  shall  act  as  special  deputies  for  the  purpose  of  check- 
ing the  receipts  or  disbursements  of  supplies. 

Sec.  6.  Who  shall  pay  inspection  fees. — No  person  shall  be  required  to 
pay  more  than  two  inspection  fees  for  any  one  scale  in  any  one  year 
when  found  to  be  accurate.  Whenever  such  inspection  shall  be  made 
upon  the  complaint  of  any  person,  other  than  the  owner  of  the 

517—26 14 


208  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

scale,  and  upon  examination  the  scale  is  found  by  the  inspector  to 
be  accurate  for  weighing,  the  inspection  fee  for  such  inspection  shall; 
be  paid  by  the  person  making  complaint.  Whenever  a  special  re- 
quest is  made  for  an  inspection  of  a  scale,  the  actual  expenses  of  the 
same  shall  be  paid  by  the  owner  of  said  scale,  or  by  the  person  mak- 
ing the  complaint,  as  herein  provided. 

Sec.  7.  Power  and  duty  of  director  of  trade  and  commerce  to  inspect 
weights,  etc. — When  not  otherwise  provided  by  law,  the  director  of 
trade  and  commerce  shall  have  the  power,  and  it  shall  be  his  duty, 
in  those  parts  of  the  State  in  which  a  city  sealer  is  not  required  to 
be  appointed  by  the  provisions  of  this  act,  to  inspect,  test,  try,  and 
ascertain  if  they  are  correct  all  weights,  measures,  and  weighing  or 
measuring  devices  kept,  offered,  or  exposed  for  sale,  sold,  or  used 
or  employed  by  any  proprietor,  agent,  lessee,  or  employee  in  proving 
the  size,  quantity,  extent,  area,  or  measurement  of  quantities,  things, 
produce,  or  articles  for  distribution  or  consumption  purchased  or 
offered  or  submitted  by  such  person  or  persons  for  sale,  hire,  or 
award;  and  he  shall  have  the  power  to  and  shall  from  time  to  time 
weigh  or  measure  and  inspect  packages  or  amounts  of  commodities 
of  whatsoever  kind  for  the  purpose  of  sale,  offered  or  exposed  for 
sale,  or  sold  or  in  the  process  of  delivery,  in  order  to  determine 
whether  the  same  contain  the  amounts  represented,  and  whether  they 
are  offered  for  sale  or  sold  in  a  manner  in  accordance  with  law.  He 
shall,  at  least  once  each  year  and  as  much  oftener  as  he  may  deem 
necessary,  see  that  all  weights,  measures,  and  weighing  or  measur- 
ing devices  used  are  correct.  He  may,  for  the  purpose  above  men- 
tioned, and  in  the  general  performance  of  his  official  duties,  enter 
and  go  into  or  upon,  and  without  formal  warrant,  any  stand,  place, 
building  or  premises,  or  stop  any  vendor,  peddler,  junk  dealer,  coal 
wagon,  ice  wagon,  delivery  wagon,  or  any  person  whatsoever,  and 
require  him,  if  necessary,  to  proceed  to  some  place  which  the  direc- 
tor of  trade  and  commerce  may  specify,  for  the  purpose  of  making 
the  proper  tests.  AVhenever  the  director  of  trade  and  commerce 
finds  a  violation  of  the  statutes  relating  to  weights  and  measures, 
he  shall  cause  the  violator  to  be  prosecuted. 

Sec.  8.  Sealing  and  marking  of  measures. — Whenever  the  director  of 
trade  and  commerce  compares  weights,  measures,  or  weighing  or 
measuring  devices  and  finds  that  they  correspond,  or  causes  them  to 
correspond,  with  the  standards  in  his  possession,  he  shall  seal  or 
mark  such  weights,  measures,  or  weighing  or  measuring  devices  with 
appropriate  devices. 

Sec.  9.  Inspection  upon  complaint. — Whenever  complaint  shall  be 
made  to  the  director  of  trade  and  commerce  that  any  false  or  in- 
correct scales,  weights  or  measures  are  being  made  use  of  by  any 
person,  firm  or  corporation  in  the  purchase  or  sale  of  merchandise 
or  other  commodities  or  in  weighing  any  article  or  commodity,  the 
piece  price  paid  for  producing  which  is  determined  by  weight  or 
measure,  it  shall  be  his  duty  to  cause  the  same  to  be  inspected  as 
soon  as  the  duties  of  his  office  will  permit,  and  he  shall  make  such 
other  inspection  of  weights  and  measures  as  in  his  judgment  is 
necessary  or  proper  to  be  made. 

Sec.  10.  Seizure  and  destruction  of  incorrect  weights. — The  director  of 
trade  and  commerce   shall   condemn   and   seize,   and  may   destroy. 


ILLINOIS  209 

incorrect  weights,  measures,  or  weighing  or  measuring  devices  which, 
in  his  best  judgment,  are  not  susceptible  of  satisfactory  repair;  but 
such  as  are  incorrect  and  yet,  in  his  best  judgment,  may  be  repaired, 
he  shall  mark  or  tag  as  "  Condemned  for  repairs."  The  owners  or 
users  of  any  weights,  measures,  or  weighing  or  measuring  devices 
of  which  such  disposition  is  made  shall  have  the  same  repaired  and 
corrected  within  ten  days;  and  they  may  neither  use  nor  dispose  of 
the  same  in  any  way,  but  shall  hold  the  same  at  the  disposal  of  the 
director  of  trade  and  commerce.  Any  weights,  measures,  or  weigh- 
ing or  measuring  devices  which  have  been  "  condemned  for  repairs  " 
and  have  not  been  repaired  as  required  above,  shall  be  confiscated 
by  the  director  of  trade  and  commerce. 

Sec.  11.  Superintendent  of  standards;  powers  and  duties. — The  powers 
and  duties  given  to  and  imposed  upon  the  director  of  trade  and 
commerce  herein  are  hereby  also  given  to  and  imposed  upon  the 
superintendent  of  standards  and  assistants,  when  acting  under  his 
instructions  and  at  his  direction. 

Sec.  12.  Inspector  of  weights  and  measures. — There  shall  be  an  in- 
spector of  weights  and  measures  in  each  city  of  this  State  having 
a  population  of  25,000  or  more  inhabitants,  according  to  the  last 
official  Federal  census,  who  shall  be  appointed  by  the  council  of 
said  city  in  the  manner  in  which  other  city  officers  or  employees  are 
appointed;  and  power  is  hereby  conferred  upon  such  council  to  pass 
such  ordinance  relative  thereto  and  the  duties  to  be  performed  by 
such  inspector  as  it  may  deem  proper,  the  provisions  of  which 
ordinance  shall  not  be  in  conflict  with  the  provisions  of  this  act: 
Provided,  That  nothing  in  this  section  contained  shall  be  construed 
to  minimize  the  powers  or  curtail  the  duties  of  any  city  inspector 
of  weights  and  measures  in  any  city  of  more  than  two  hundred 
thousand  inhabitants,  as  provided  by  ordinances  or  regulations  of 
such  city,  nor  to  modify  or  repeal  any  such  ordinances. 

Sec.  13.  City  councils  to  procure  weights  and  measures. — The  council 
of  each  city  of  this  State  required  hereunder  to  appoint  an  inspector 
of  weights  and  measures  shall  procure,  at  the  expense  of  the  city, 
and  shall  keep  at  all  times,  a  set  of  weights  and  measures,  and  other 
apparatus,  as  complete  and  of  such  materials  and  construction  as 
the  director  of  trade  and  commerce  may  from  time  to  time  direct. 
All  such  weights,  measures,  and  other  apparatus,  having  been  tried 
and  accurately  proved  by  the  director  of  trade  and  commerce,  shall 
be  sealed  and  certified  to  by  him  as  hereinbefore  provided,  and  shall 
then  be  deposited  with  and  preserved  by  the  city  inspector  of  weights 
and  measures  as  public  standards  for  such  city.  Whenever  the  council 
of  such  city  shall  neglect  to  procure  such  standards  for  six  months, 
the  city  clerk  of  said  city,  on  notification  and  request  by  the  director 
of  trade  and  commerce,  shall  provide  such  standards  and  cause  the 
same  to  be  tried,  sealed  and  deposited  at  the  expense  of  the  city. 

Sec.  14.  Powers  and  duties  of  city  inspector. — Where  not  otherwise 
provided  by  law,  the  city  inspector  of  weights  and  measures  shall 
have  the  same  powers  and  shall  perform  the  same  duties  within  his 
city  as  are  granted  to  and  imposed  upon  the  director  of  trade  and 
commerce  by  sections  7,  8,  9  and  10  of  this  act. 

Sec.  15.  Annual  report  of  city  inspector. — The  city  inspector  of 
weights  and  measures  shall  keep  a  complete  record  of  all  of  his 


210  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

official  acts  and  shall  make  an  annual  report  to  the  council  of  the 
city,  and  an  annual  report,  duly  sworn  to,  on  the  first  day  of  July, 
to  the  director  of  trade  and  commerce,  on  blanks  furnished  by  him, 
and  also  any  special  reports  that  the  director  of  trade  and  commerce 
may  request. 

Sec.  16.  Power  to  arrest;  seize  property. — The  director  of  trade  and 
commerce,  his  representatives,  and  the  city  inspectors  of  weights  and 
measures  are  hereby  made  special  policemen  and  are  authorized  and 
empowered  to  arrest,  without  formal  warrant,  any  violator  of  the 
statute  in  relation  to  weights  and  measures,  and  to  seize  and  hold 
for  use  as  evidence  in  any  action  brought  under  the  statute  of  this 
State,  or  under  any  ordinances  of  a  municipality,  any  short  measure 
or  faulty  and  incorrect  weight,  scale  or  other  instrument  used  for 
weighing  or  measuring,  or  any  commodity  or  article  of  merchandise 
sold,  offered  or  exposed  for  sale  which  is  of  less  weight  or  measure 
than  it  is  represented  to  be  by  the  vendor,  his  agent,  or  employee. 
Such  short  measure,  faulty  or  incorrect  weight,  scale  or  other  instru- 
ment used  for  weighing  or  measuring,  or  such  commodity  or  article 
of  merchandise  (except  perishable  commodities  or  articles  which 
shall  have  become  of  no  value)  shall  be  released  and  returned  to 
the  owner  thereof  if  no  suit  is  commenced  against  such  owner  within 
fifteen  days  of  the  date  of  such  seizure. 

Any  person  herein  authorized,  who  shall  make  any  such  seizure, 
shall  not  be  liable  to  the  owner  of  the  property  seized  for  damages 
caused  by  such  seizure  in  any  case  where  in  fact  any  such  measure 
seized  is  short,  or  reasonable  grounds  exists  for  believing  it  so  to  be ; 
or  any  weight,  scale  or  other  instrument  used  for  weighing  is  faulty 
or  incorrect,  or  reasonable  grounds  exists  for  believing  it  so  to  be; 
or  any  such  scale,  weight  or  measure,  or  any  commodity  or  article 
of  merchandise,  is  of  less  weight  or  measure  than  it  is  represented, 
or  reasonable  grounds  exists  for  believing  it  so  to  be. 

Upon  the  conviction  of  the  defendant  the  court  shall  cause  any 
scale,  weight  or  measure  in  respect  whereof  the  defendant  stands 
convicted,  and  which  remains  in  the  possession  or  under  the  control 
of  the  prosecutor  or  other  person  duly  authorized,  to  be  destroyed. 

Sec.  17.  Obstructing  performance  of  official  duties ;  penalty. — Any  per- 
son who  shall  hinder  or  obstruct  in  any  way  the  director  of  trade  and 
commerce,  or  any  city  inspector  of  weights  and  measures,  in  the  per- 
formance of  his  official  duties  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  in  any  court  of  competent  jurisdiction,  shall 
be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  18.  Impersonating  an  official  by  use  of  seal,  etc.;  penalty. — Any 
person  who  shall  impersonate  in  any  way  the  director  of  trade  and 
commerce,  or  any  city  inspector  of  weights  and  measures,  by  the  use 
of  his  seal  or  counterfeit  of  his  seal,  or  otherwise,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  in  any  court  of  compe- 
tent jurisdiction,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  19.  Unlawful  to  sell  commodities  unless  by  weight  or  measure; 
meaning  of  terms. — It  shall  be  unlawful  to  sell,  except  for  immediate 


ILLINOIS  211 

consumption  on  the  premises,  liquid  commodities  in  any  other  man- 
ner than  by  Aveight  or  liquid  measure,  or  commodities  not  liquid  in 
any  other  manner  than  by  measure  of  length,  by  weight,  or  by  nu- 
merical count,  unless  otherwise  agreed  in  writing  by  the  mutual  con- 
sent of  the  buyer  and  seller :  Provided,  however,  That  nothing  in  this 
section  shall  be  construed  to  prevent  the  sale  of  fruits,  vegetables,  and 
other  dry  commodities  in  the  standard  barrel  provided  for  in  section 
26 ;  or  of  berries  and  small  fruits  in  boxes  as  provided  for  in  section 
27;  or  of  vegetables  or  fruits  usually  sold  by  the  head  or  bunch  in 
this  manner :  Provided,  further,  That  nothing  in  this  section  shall  be 
construed  to  apply  to  foodstuffs  put  up  in  original  packages,  nor  to 
proprietary  or  package  medicines  which  are  not  sold  or  offered  for 
sale  as  of  any  specific  quantity  of  the  commodity. 

For  the  purposes  of  this  section,  the  term  "  original  package  "  shall 
be  construed  to  include  a  commodity  in  a  package,  carton,  case,  can 
barrel,  bottle,  box,  phial,  or  other  receptacle,  or  in  coverings  or  wrap- 
pings of  any  kind,  put  up  by  the  manufacturer,  which  may  be  labeled 
branded,  or  stenciled,  or  otherwise  marked,  or  which  may  be  suitable 
for  labeling,  branding,  or  stenciling,  or  marking  otherwise,  making 
one  complete  package  of  the  commodity.  The  words  "  original  pack- 
age "  shall  be  construed  to  include  both  the  wholesale  and  the  retail 
package. 

For  the  purposes  of  this  section  the  term,"  commodities  not  liquid  " 
shall  be  construed  to  include  goods,  wares,  and  merchandise,  which 
are  not  in  liquid  form  and  which  have  heretofore  been  sold  by  meas- 
ure of  length,  by  weight,  by  measures  of  capacity,  or  by  numerical 
count,  or  which  are  susceptible  of  sale  in  any  of  these  ways. 

Sec.  20.  Coal,  etc.,  to  be  sold  by  weight;  delivery  tickets. — It  shall  be 
unlawful  to  sell  or  offer  to  sell  any  coal,  coke,  or  charcoal  in  any  other 
manner  than  by  weight.  It  shall  be  unlawful  for  any  person  to  de- 
liver any  coal,  coke,  or  charcoal  unless  each  such  delivery  is  accom- 
panied by  a  delivery  ticket  and  a  duplicate  thereof,  on  each  of  which 
shall  be,  in  ink  or  other  indelible  substance,  distinctly  expressed  in 
pounds,  the  gross  weight  of  the  load,  the  tare  of  the  delivery  vehicle, 
[and  the  quantity  or  quantities  of  coal,  coke,  or]  1  charcoal  contained 
in  the  vehicle  used  in  such  deliveries,  with  the  name  of  the  purchaser 
thereof,  and  the  name  of  the  dealer  from  whom  purchased.  One  of 
these  tickets  shall  be  surrendered  to  the  director  of  trade  and  com- 
merce, or  any  city  inspector  of  weights  and  measures,  upon  his  de- 
mand, for  his  inspection,  and  this  ticket,  or  a  weight  slip  issued  by 
him  when  he  desires  to  retain  the  original,  shall  be  delivered  to  the 
said  purchaser  of  said  coal,  coke,  or  charcoal,  or  his  agent  or  repre- 
sentative at  the  time  of  the  delivery  of  the  fuel ;  and  the  other  ticket 
shall  be  retained  by  the  seller  of  the  fuel.  When  the  buyer  carries 
away  the  purchase,  a  delivery  ticket  showing  the  actual  number  of 
pounds  delivered  to  him  must  be  given  to  him  at  the  time  the  sale 
is  made. 

Sec.  21.  Weight  of  contents  of  package  to  appear  thereon;  exemptions; 
meaning  of  terms. — It  shall  be  unlawful  to  keep  for  the  purpose  of 
sale,  offer  or  expose  for  sale,  or  sell,  any  commodity  in  package 


1  Tbe  words  contained  within  the  brackets  are  not  given  in  the  Statutes,  but  since  they 
are  contained  in  the  original  act  they  were  apparently  inadvertently  omitted  from  the 
Statutes. 


212  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

form  unless  the  net  quantity  of  the  contents  be  plainly  and  con- 
spicuously marked  on  the  outside  of  the  package,  in  terms  of  weight, 
measure,  or  numerical  count:  Provided,  however,  That  reasonable 
variations  or  tolerances  shall  be  permitted,  and  that  these  reason- 
able variations  or  tolerances  and  exemptions  shall  be  established  by 
rules  and  regulations  made  and  promulgated  by  the  director  of 
trade  and  commerce :  And,  provided,  further,  That  this  section 
shall  not  be  construed  to  apply  to  those  commodities  in  package 
form,  the  manner  of  sale  of  which  is  specifically  regulated  by  the 
provisions  of  other  sections  of  this  act. 

The  words  "  in  package  form  "  as  used  in  this  section  shall  be 
construed  to  include  a  commodity  in  a  package,  carton,  case,  can, 
box,  barrel,  bottle,  phial,  or  other  receptacle,  or  in  coverings  or 
wrappings  of  any  kind,  put  up  by  the  manufacturer,  or,  when  put 
up  prior  to  the  order  of  the  commodity,  by  the  vendor,  which  may 
be  labeled,  branded,  or  stenciled,  or  otherwise  marked,  or  which  may 
be  suitable  for  labeling,  branding,  or  stenciling,  or  marking  other- 
wise, making  one  complete  package  of  the  commodity.  The  words 
"  in  package  form  "  shall  be  construed  to  include  both  the  wholesale 
and  the  retail  package.  "  Package  "  as  used  in  this  section,  does 
not  include  any  container  in  which  are  packed  or  contained  pack- 
ages of  a  smaller  size  of  a  commodity,  but  the  provisions  of  this 
section  apply  only  to  the  container  directly  enclosing  the  commodity. 

Sec.  22.  Net  amount  of  commodity  must  be  marked  on  label. — It  shall 
be  unlawful  to  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale, 
or  sell,  any  commodity  composed  in  whole  or  in  part  of  cotton,  wool, 
linen,  or  silk,  or  any  other  textile  material  on  a  spool  or  similar 
holder,  or  in  a  container  or  band,  or  in  a  bolt  or  roll,  or  in  a  ball, 
coil,  or  skein,  or  in  any  similar  manner,  unless  the  net  amount  of 
the  commodity  in  terms  of  weight  or  measure  shall  be  definitely, 
plainly  and  conspicuously  marked  on  the  principal  label,  if  there 
be  such  a  label ;  otherwise  on  a  wrapping,  band,  or  tag  attached 
thereto. 

The  words  "  spool  or  similar  holder,  container  or  band,  bolt  or 
roll,  or  ball,  coil  or  skein  "  shall  be  construed  to  include  the  spool 
or  similar  holder,  container  or  band,  bolt  or  roll,  or  ball,  coil,  or 
skein  put  up  by  the  manufacturer;  or  when  put  up  prior  to  the 
order  of  the  commodity,  by  the  vendor.  It  shall  be  held  to  include 
both  the  wholesale  and  the  retail  package. 

Sec.  23.  Butter,  etc.,  to  be  sold  by  weight;  sizes  of  print;  statement  of 
weight. — It  shall  be  unlawful  for  any  person  to  sell,  or  offer  to  sell, 
any  butter  or  renovated  or  process  butter  or  oleomargarine  in  any 
other  manner  than  by  weight.  It  shall  be  unlawful  for  any  person 
to  put  up,  pack,  or  keep  for  the  purpose  of  sale,  offer  or  expose  for 
sale,  or  sell  any  butter  or  renovated  or  process  butter,  or  oleomar- 
garine, in  the  form  of  prints,  bricks,  or  rolls  in  any  other  than  the 
following  sizes,  to  wit:  One-quarter  pound,  one-half  pound,  one 
pound,  one  and  one-half  pounds,  or  multiples  of  one  pound.  Each 
print,  brick,  or  roll  shall  bear  a  definite,  plain,  and  conspicuous 
statement  of  its  true  net  weight,  on  the  principal  label,  where  there 
be  such  a  label,  otherwise  on  the  outside  wrapper  thereof;  such 
statement  shall  be  in  Gothic  type  not  less  than  one-quarter  inch 
square. 


ILLINOIS  213 

The  prints,  bricks,  or  rolls  referred  to  in  this  section  shall  be 
construed  to  include  those  prints,  bricks,  or  rolls  put  up  by  the 
manufacturer  or  producer;  or,  when  put  up  prior  to  the  order  of 
the  commodity,  by  the  vendor. 

Sec.  24.  Bread,  shall  be  sold  by  weight. — All  bread  kept  for  the  pur- 
pose of  sale,  offered  or  exposed  for  sale,  or  sold,  shall  be  sold  by 
weight,  and  cities  required  by  this  act  to  appoint  inspectors  of 
weights  and  measures  may  enact  and  enforce  ordinances  regulating 
the  same. 

Sec.  25.  Capacity  of  milk  bottles;  capacity  to  appear  on  bottle;  designat- 
ing number ;  bond ;  penalty. — Bottles  used  for  the  sale  of  milk  or  cream 
shall  be  of  the  capacity  of  one-half  gallon,  three  pints,  one  quart, 
one  pint,  one-third  quart,  one-half  pint,  and  one  gill  when  filled 
to  the  bottom  of  the  cap,  ring  or  stopple.  The  following  variations 
on  individual  bottle  or  jars  may  be  allowed,  to  wit :  Six  drams  above 
and  six  drams  below  on  the  half  gallon,  five  drams  above  and  five 
drams  below  on  the  thi'ee-pint,  four  drams  above  and  four  drams 
below  on  the  quart,  three  drams  above  and  three  drams  below  on  the 
pint,  two  and  one-half  drams  above  and  two  and  one-half  drams 
below  on  the  one-third  quart,  two  drams  above  and  two  drams  below 
on  the  one-half  pint,  and  two  drams  above  and  two  drams  below 
on  the*  gill.  Bottles  or  jars  used  for  the  sale  of  milk  or  cream 
shall  have  clearly  blown  or  otherwise  permanently  marked  in  the 
side  of  the  bottle  the  capacity  of  the  bottle  and  the  word  "sealed;" 
and  in  the  side  or  bottom  of  the  bottle  the  name,  initials,  or  trade- 
mark of  the  manufacturer  and  a  designating  number,  which  desig- 
nating number  shall  be  different  for  each  manufacturer  and  may 
be  used  in  identifying  the  bottles.  The  designating  number  shall 
be  furnished  by  the  director  of  trade  and  commerce  upon  applica- 
tion by  the  manufacturer,  and  upon  the  filing  by  the  manufacturer 
of  a  bond  in  the  sum  of  one  thousand  dollars,  with  sureties,  to  be 
approved  by  the  director  of  trade  and  commerce,  conditioned  upon 
their  conformance  with  the  requirements  of  this  section.  A  record 
of  the  bond-  furnished  and  the  designating  numbers  and  to  whom 
furnished  shall  be  kept  in  the  office  of  the  director  of  trade  and 
commerce. 

Provided,  The  requirement  that  the  word  "  sealed  "  and  the  desig- 
nating number  to  be  placed  upon  the  bottle  shall  not  be  enforced 
as  to  any  such  bottles  in  use  at  the  time  of  the  passage  of  this  act 
until  the  first  day  of  January,  A.  D.  1923 :  And  provided  further, 
.Such  requirement  for  the  marking  of  bottles  shall  not  be  construed 
as  modifying  or  repealing  any  other  laws  of  this  State  with  refer- 
ence to  this  subject. 

Any  manufacturer  who  sells  or  offers  to  sell  milk  or  cream  bottles 
to  be  used  in  this  State  that  do  not  comply,  as  to  size  and  markings, 
with  the  provisions  of  this  section  shall  suffer  a  penalty  of  five 
hundred  dollars,  to  be  recovered  by  the  attorney  general  in  an  action 
against  the  offender's  bondsmen  to  be  brought  in  the  name  of  the 
people  of  the  State.  Any  dealer  who  uses,  for  the  purpose  of  sell- 
ing milk  or  cream,  jars  or  bottles  purchased  after  this  law  takes 
effect  that  do  not  comply  with  the  requirements  of  this  section  as 
to  markings  and  capacity,  shall  be  deemed  guilty  of  using  a  false  or 
insufficient  measure. 


214  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

City  inspectors  of  weights  and  measures  are  not  required  to  seal 
bottles  or  jars  for  milk  or  cream  marked  as  in  this  section  provided, 
but  they  shall  have  the  power  to,  and  shall  from  time  to  time,  make 
tests  on  individual  bottles  used  by  the  various  persons,  firms,  or 
corporations,  in  the  territory  over  which  they  have  jurisdiction  in 
order  to  ascertain  if  the  above  provisions  are  being  complied  with, 
and  they  shall  immediately  report  violations  found  to  the  director 
of  trade  and  commerce. 

Sec.  28.  Dimensions  of  standard  barrel  for  fruits,  etc. — The  standard 
barrel  for  fruits,  vegetables  and  dry  commodities  other  than  cran- 
berries shall  be  of  the  following  dimensions  when  measured  without 
distention  of  its  parts;  length  of  staves,  twenty-eight  and  one-half 
inches ;  diameter  of  heads,  seventeen  and  one-eighth  inches ;  distance 
between  heads,  twenty-six  inches;  circumference  of  bulge,  sixty-four 
inches,  outside  measurement;  and  the  thickness  of  staves  not  greater 
than  four-tenths  of  an  inch :  Provided,  That  any  barrel  of  a  dif- 
ferent form  having  a  capacity  of  seven  thousand  and  fifty-six  cubic 
inches  shall  be  a  standard  barrel.  The  standard  barrel  for  cran- 
berries shall  be  of  the  following  dimensions  when  measured  without 
distention  of  its  parts;  length  of  staves,  twenty-eight  and  one-half 
inches;  diameter  of  heads,  sixteen  and  one-fourth  inches;  distance 
between  heads,  twenty-five  and  one-fourth  inches,  circumference  of 
bulge,  fifty-eight  and  one-half  inches,  outside  measurement ;  and  the 
thickness  of  staves  not  greater  than  four-tenths  of  an  inch. 

It  shall  be  unlawful  for  any  person  to  offer  or  expose  for  sale,  sell, 
or  ship  any  other  barrels  for  fruits,  vegetables,  or  other  dry  commodi- 
ties, or  to  oiler  or  expose  for  sale,  sell,  or  ship  any  fruits,  vegetables, 
or  other  dry  commodities  in  other  barrels  than  the  standard  barrels 
as  defined  in  this  section,  or  subdivisions  thereof  known  as  the  third, 
half,  or  three-quarters  barrel :  Provided,  however,  That  nothing  in 
this  section  shall  apply  to  barrels  used  in  packing  or  shipping  com- 
modities sold  exclusively  by  weight  or  numerical  count:  And,  Pro- 
vided, further,  That  no  barrel  shall  be  deemed  below  standard  within 
the  meaning  of  this  section  when  shipped  to  any  foreign  country 
and  constructed  according  to  the  specifications  or  directions  of  the 
foreign  country  to  which  the  same  is  intended  to  be  shipped. 

Sec.  27.  Containers  holding  one  quart  or  less. — It  shall  be  unlawful  t« 
procure  or  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale,  sell, 
or  give  away  baskets  or  other  open  containers  for  berries  or  small 
fruits,  holding  one  quart  or  less,  or  to  procure  or  keep  for  the  pur- 
pose of  sale,  offer  or  expose  for  sale,  or  sell  berries  or  small  fruits 
in  baskets  or  other  open  containers,  holding  one  quart  or  less,  of 
any  other  than  the  following  capacities,  when  level  full;  one  quart, 
one  pint,  or  one-half  pint,  standard  dry  measure. 

Sec.  28.  !Net  weight  of  commodity. — Whenever  any  commodity  is  sold 
on  a  basis  of  weight,  it  shall  be  unlawful  to  employ  any  other 
weight  in  such  sale  than  the  net  weight  of  the  commodity;  and  all 
contracts  concerning  goods  sold  on  a  basis  of  weight  shall  be  under- 
stood and  construed  accordingly.  Whenever  the  weight  of  a  com- 
modity is  mentioned  in  this  act,  it  shall  be  understood  and  construed 
to  mean  the  net  weight  of  the  commodity. 

Sec.  29.  Standard  of  length  and  surface. — The  unit  or  standard  of 
length  and  surface,  from  which  all  the  other  measures  of  extension, 
whether  lineal,  superficial  or  solid,  shall  be  derived  and  ascertained,  is 


ILLINOIS  215 

the  standard  yard  designated  in  this  act,  which  is  divided  into  three 
equal  parts  called  feet,  and  each  foot  into  twelve  equal  parts  called 
inches.  For  measures  of  cloth  and  other  commodities  commonly 
sold  by  the  yard,  it  may  be  divided  into  halves,  quarters,  eighths 
and  sixteenths.  The  rod,  pole  or  perch,  contains  five  and  one-half 
yards;  the  mile  one  thousand  seven  hundred  and  sixty  yards.  The 
chain  for  measuring  land  is  twenty-two  yards  long  and  is  divided 
into  one  hundred  equal  parts  called  links.  The  acre  for  land  meas- 
urement shall  be  measured  horizontally  and  contain  ten  square 
chains,  equivalent  in  area  to  a  rectangle  sixteen  rods  in  length  and 
ten  in  breadth,  six  hundred  and  forty  acres  being  contained  in  a 
square  mile. 

Sec.  30.  Avoirdupois  and  troy  weights ;  ratio. — The  units  or  standards 
of  weight  from  which  all  the  other  weights  shall  be  derived  and 
ascertained  shall  be  the  standard  avoirdupois  and  troy  weights 
designated  in  this  act,  an  avoirdupois  pound  to  bear  to  the  troy 
pound  the  ratio  of  seven  thousand  to  five  thousand  seven  hundred 
and  sixty  grains.  Therefore,  the  avoirdupois  pound  bears  to  the 
troy  pound  the  ratio  of  seven  thousand  to  five  thousand  seven  hun- 
dred and  sixty,  and  is  divided  into  sixteen  equal  parts  called  ounces. 
The  hundredweight  consists  of  one  hundred  avoirdupois  pounds,  and 
twenty  hundredweight  are  a  ton.  The  troy  ounce  is  equal  to  a 
twelfth  part  of  a  troy  ppund. 

Sec.  31.  Standards  of  measure  of  capacity,  barrel,  hogshead. — The  units 
or  standards  of  measure  of  capacity  for  liquids  from  which  all  other 
measures  shall  be  derived  and  ascertained  shall  be  the  standard 
gallon  and  its  parts  designated  in  this  act.  The  barrel  is  equal  to 
thirty-one  and  one-half  gallons,  and  two  barrels  shall  constitute  a 
hogshead.  All  other  measures  of  capacity  for  liquids  shall  be  derived 
from  the  liquid  gallon  by  continual  division  by  the  number  two,  so  as 
to  make  half  gallons,  quarts,  pints,  half  pints  and  gills.  The  unit  or 
standard  measure  of  capacity  for  substances  not  liquids,  from  which 
all  measures  of  such  substances  shall  be  derived  and  ascertained,  is  the 
standard  half  bushel  mentioned  in  this  act.  The  peck,  half  peck, 
quarter  peck,  quart  and  pint  measure  for  measuring  commodities 
which  are  not  liquids  shall  be  derived  from  the  half  bushel  by  suc- 
cessively dividing  that  measure  by  two. 

Sec.  32.  Heaped  measures;  dry  commodities  not  heaped. — All  commodi- 
ties sold  by  heaped  measure  shall  be  duly  heaped  up  in  the  form  of  a 
cone,  the  outside  of  the  measure  by  which  the  same  shall  be  measured 
to  be  the  limit  of  the  base  of  such  cone,  and  such  cone  to  be  as  high 
as  the  article  to  be  measured  will  admit. 

The  measures  used  for  measuring  dry  commodities  not  heaped 
shall  be  stricken  with  a  straight  stick  or  roller. 

Sec.  33.  Contracts  to  be  construed  according  to  standard. — Contracts 
hereafter  to  be  executed,  made  within  the  State,  for  any  work  to 
be  done,  or  for  anything  to  be  sold,  delivered,  done  or  agreed  for,  by 
weight  or  measure,  shall  be  taken  and  construed  to  be  made  accord- 
ing to  the  standard  weight  and  measure  ascertained  as  herein- 
before provided  unless  there  is  an  express  provision  to  the  contrary. 

Sec.  34.  Weight  per  bushel  or  barrel. — Whenever  any  of  the  follow- 
ing articles  shall  be  contracted  for,  or  sold,  or  delivered,  and  when 
no  special  contract  or  agreement  shall  be  made  to  the  contrary,  the 


216 


LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


weight  per  bushel  or  barrel  or  divisible  merchantable  quantities  of  a 
bushel  or  barrel  shall  be  as  follows : 2 


or     maize,     per 


Pounds 

Wheat  flour,  per  barrel 196 

Wheat  flour,  per  half  barrel 98 

Wheat  flour,  per  quarter  barrel 

sack 49 

Wheat  flour,  per  eighth  barrel 

;  sack 24% 

Corn  meal,  per  bushel  sack 48 

Corn  meal,  per  half  bushel  sack.  24 
Corn  meal,  per  quarter  bushel 

sack 12 

Alfalfa  seed,  per  bushel 60 

Apples,  green,  per  bushel 47 

Apples,  dried,  per  bushel 24 

Barley,  per  bushel 48 

Beans,     green     or     string,     per 

bushel 24 

Beans,  wax,  per  bushel 24 

Beans,  white,  per  bushel 60 

Beans,  castor,  per  bushel 46 

Beets,  per  bushel 60 

Blue  grass  seed,  per  bushel 14 

Bran,  per  bushel 20 

Buckwheat,  per  bushel 52 

Carrots,  per  bushel 50 

Charcoal,  per  bushel 20 

Clover  seed,  per  bushel 60 

Coal,  per  bushel 80 

Coke,  per  bushel 40 

Corn,  seed,  broom,  per  bushel 48 

Corn  meal,  unbolted,  per  bushel-  48 

Corn,  in  the  ear,  per  bushel 70 

Corn,  kafflr,  per  bushel 56 

Corn,  shelled,  per  bushel 56 

Cotton  seed,  per  bushel 32 

Cranberries,  per  bushel 33 

Cucumbers,  per  bushel 48 

Emmer,  per  bushel 40 

Flax  seed,  per  bushel 56 

Gooseberries,  per  bushel 40 

Hair,  plastering,  unwashed,  per 

bushel 8 

Hair,    plastering,    washed,    per 

bushel , 4 

Hemp  seed,  per  bushel 44 

Hickory  nuts,  per  bushel 50 

Hungarian     grass     seed,     per 

bushel 50 

Whenever  any  of  the  following  named  articles  are  sold  by  the 
cubic  yard  and  the  same  are  weighed,  the  following  weights  shall 
govern : 

Pounds 


Indian     corn 

bushel 

Lime,  per  bushel 

Malt,  per  bushel 

Millet,  per  bushel 

Millet,  Japanese  barnyard,   per 

bushel 

Oats,  per  bushel 

Onions,  per  bushel 

Onion  sets,  top,  per  bushel 

Onion  sets,  bottom,  per  bushel 

Orchard  grass  seed,  per  bushel- 

Osage  orange  seed,  per  bushel 

Parsnips,  per  bushel 

Peaches,  per  bushel 

Peaches,  dried,  per  bushel 

Peanuts,  green,  per  bushel 

Peanuts,  roasted,  per  bushel 

Pears,  per  bushel 

Peas,  dried,  per  bushel 

Peas,  green  in  pod,  per  bushel- 
Popcorn,  in  the  ear,  per  bushel- 
Popcorn,  shelled,  per  bushel 

Potatoes,  Irish,  per  bushel 

Potatoes,,  sweet,  per  bushel 

Quinces,  per  bushel 

Rape  seed,  per  bushel 

Kep  top  seed,  per  bushel 

Rough  rice,  per  bushel 

Rutabagas,  per  bushel 

Rye  meal,  per  bushel 

Rye,  per  bushel 

Salt,  coarse,  per  bushel 

Salt,  fine,  per  bushel 

Shorts,  per  bushel 

Sorghum  seed,  per  bushel 

Spelt,  per  bushel 

Spinach,  per  bushel 

Sweet  clover  seed,  unhulled,  per 

bushel 

Timothy  seed,  per  bushel 

Tomatoes,  per  bushel 

Turnips,  per  bushel 

Walnuts,  per  bushel 

Wheat,  per  bushel 


Pounds 

56 

80 
38 
50 

35 
32 
57 
30 
32 
14 
33 
50 
48 
33 
22 
20 
58 
60 
32 
70 
56 
60 
50 
48 
50 
14 
45 
50 
50 
56 
55 
50 
20 
50 
40 
12 

33 
45 
56 
55 
50 
60 


Pounds 

Crushed  stone  (1  cubic  yard) 2,500 

Bank  sand  (1  cubic  yard) 2,500 


Torpedo  sand  (1  cubic  yard)___  3,000 
Gravel    (1  cubic  yard) 3,000 


Sec.  35.  Penalties. — Whoever,  in  buying  any  of  the  articles  of  prop- 
erty mentioned  in  the  preceding  section,  shall  take  any  oreater 
number  of  pounds  thereof  to  the  bushel,  barrel,  or  cubic  yard  or 
divisible  merchantable  quantity  of  a  bushel,  barrel  or  cubic  yard, 
or  in  selling  any  of  said  articles,  shall  give  any  less  number  of 


-  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


ILLINOIS  217 

pounds  thereof  to  the  bushel,  barrel  or  cubic  yard  or  divisible  mer- 
chantable quantity  of  a  bushel,  barrel  or  cubic  yard  than  is  allowed 
by  said  section,  with  intent  to  gain  an  advantage  thereby,  except  ex- 
pressly authorized  so  to  do  by  special  contract  or  agreement  to  that 
effect,  shall  be  liable  to  the  party  injured  in  double  the  amount  of 
the  property  so  wrongfully  taken  or  not  given  and  ten  dollars  in  ad- 
dition thereto,  to  be  recovered  in  any  form  of  action  in  any  court 
of  competent  jurisdiction. 

Sec.  36.  Firewood;  cord;  penalty. — Whenever  any  firewood  shall  be 
contracted  for  or  sold  or  delivered,  and  when  no  special  contract  or 
agreement  shall  be  made  to  the  contrary,  one  hundred  and  twenty- 
eight  cubic  feet  shall  constitute  a  cord. 

Whoever,  in  buying  same,  shall  take  any  greater  number  of  cubic 
feet  thereof  to  the  cord,  or  divisible  merchantable  quantity  of  a  cord, 
or  in  selling  same,  shall  give  any  less  number  of  cubic  feet  to  the  cord 
or  divisible  merchantable  quantity  of  a  cord;  with  intent  to  gain  an 
advantage  thereby,  except  expressly  authorized  so  to  do  by  special 
contract  or  agreement  to  that  effect,  shall  be  liable  to  the  party  in- 
jured in  the  same  manner  as  is  provided  in  section  35  hereof. 

Sec.  37.  Fees. — The  director  of  trade  and  commerce  and  each  city 
inspector  of  weights  and  measures  shall  be  entitled  to  receive  and 
collect  fees  for  the  use  of  the  State  or  city  as  the  case  may  be  for 
service  at  the  following  rates : 

For  inspecting  and  sealing  scales  of  the  capacity  of  40,000  pounds  and 
upward,  each $5.  00 

For  inspecting  and  sealing  scales  of  the  capacity  of  24.000  pounds  up  to 
40,000  pounds,   each 2.50 

For  inspecting  and  sealing  scales  of  the  capacity  of  6,000  pounds  up  to 
24,000  pounds,  each 1.  50 

For  inspecting  and  sealing  scales  of  the  capacity  of  2,500  pounds  up  to 
6,000  pounds,  each .  75 

For  inspecting  and  sealing  scales  of  the  capacity  of  240  pounds  up  to 
2,500  pounds,  each .50 

For  inspecting  and  sealing  scales  of  the  capacity  of  2  pounds  up  to 
240  pounds,  each .30 

For  inspecting  and  sealing  Hopper  scales,  each 2.  00 

For  inspecting  and  sealing  two-bushel,  one-bushel  and  one-half  bushel 

measures,  each .  10 

For  inspecting  and  sealing  any  other  dry  measure,  each .  10 

For  inspecting  and  sealing  every  automatic  weighing  machine,  or  every 
instrument  or  device  of  a  capacity  of  less  than  three  tons  used  for 
weighing  or  measuring  any  person  or  animal,  for  hire  or  reward,  each.       .  75 
For  inspecting  and  sealing  liquid  measures  of  the  capacity  of  one  gallon 

and  upward,  each .  15 

For  inspecting  and  sealing  any  other  liquid  measures  not  used  for  com- 
pounding and  manufacturing  purposes,  each .  10 

For  inspecting  and  sealing  yard  measures,  each .  10 

For  inspecting  and  sealing  any  linear  measure,  for  each  three  feet .  10 

For  inspecting  and  sealing  any  tape  line  exceeding  50  feet  in  length, 

each .  75 

For    inspecting    and    sealing    any    automatic    machine    used    for    lineal 

measuring,    each .  75 

For  inspecting  and  sealing  any  automatic  pump  used  for  measuring  gaso- 
line, oils,  etc.,  each 1.00 

They  shall  also  be  entitled  to,  for  the  use  of  the  State  or  city,  as 
the  case  may  be,  a  reasonable  compensation  for  making  such  weights 
and  measures  conform  to  the  standards  established  by  this  act:  Pro- 
vided, hoviever,  That  no  charge  shall  be  made  by  the  department  of 
trade  and  commerce  for  inspecting  and  scaling  any  weights,  meas- 


218  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

ures,  scales  or  beams  which  may  belong  to  any  city  and  which  may 
be  sent  or  brought  to  the  department  of  trade  and  commerce  for 
that  purpose  by  the  inspector  of  weights  and  measures  of  such  city. 

Sec.  38.  Unlawful  to  sell  gasoline,  etc.,  by  any  other  measure  than  that 
provided  in  section  31;  automatic  or  mechanical  pump  to  be  approved; 
penalty. — It  shall  be  unlawful  to  sell  or  offer  to  sell  any  gasoline, 
naphtha,  kerosene,  wood  alcohol  or  other  oils  or  liquids  used  in  pro- 
ducing light  or  heat  or  generating  gas  or  power  by  any  measure 
other  than  that  provided  in  section  31  hereof  for  liquids. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  use 
any  automatic  or  mechanical  pump  or  device  for  the  purpose  of 
measuring  any  liquid  commodity  to  be  sold  or  offered  for  sale  un- 
less such  automatic  or  mechanical  pump  or  device  shall  have  been 
inspected  and  approved  by  the  proper  authority  under  this  law. 
The  owner  or  user  of  every  automatic  or  mechanical  pump  or  de- 
vice shall  provide  proper  tested  standard  measures,  and  shall  at 
least  once  each  day,  and  always  before  commencing  to  use  a  new 
supply  of  liquid,  test  the  accuracy  of  the  pump  or  device  in  use. 
The  director  of  trade  and  commerce  is  authorized  to  examine  and 
inspect  all  automatic  or  mechanical  devices  used  for  the  purpose  of 
measuring  any  liquid  commodity  to  be  sold  or  offered  for  sale, 
and  condemn  for  repairs  or  seize  any  such  devices  found  to  be  inac- 
curate or  incorrect. 

Any  person,  firm  or  corporation  using  any  such  automatic  or 
mechanical  device  without  having  obtained  the  certificate  of  ap- 
proval as  hereinbefore  provided  for,  or  any  person  using  such  auto- 
matic or  mechanical  device  knowing  the  same  to  be  incorrect  or 
defective,  shall,  upon  conviction,  be  fined  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars. 

Sec.  39.  Penalties. — Any  person  who,  by  himself  or  by  his  servant 
or  agent,  or  as  the  servant  or  agent  of  another  person,  shall  offer 
or  expose  for  sale,  sell,  use  in  buying  or  selling  of  any  commodity 
or  thing  or  for  hire  or  award,  or  retain  in  his  possession  a  false 
weight  or  measure  or  weighing  or  measuring  device  or  any  weight  or 
measure  or  weighing  or  measuring  device  which  has  not  been  sealed 
by  the  director  of  trade  and  commerce,  or  by  a  city  inspector  of 
weights  and  measures,  within  one  year,  or  shall  dispose  of  any 
condemned  weight,  measure,  or  weighing  or  measuring  device  con- 
trary to  law,  or  remove  any  tag  placed  thereon  by  the  director  of 
trade  and  commerce  or  by  a  city  inspector  of  weights  and  measures; 
or  who  shall  sell  or  offer  or  expose  for  sale  less  than  the  quantity 
he  represents,  or  shall  take  or  attempt  to  take  more  than  the  quan- 
tity he  represents,  when,  as  a  buyer,  he  furnishes  the  weight,  measure, 
or  weighing  or  measuring  device  by  means  of  which  the  amount 
of  commodity  is  determined ;  or  who  shall  keep  for  the  purpose  of 
sale,  offer  or  expose  for  sale,  or  sell  any  commodity  in  a  manner 
contrary  to  law;  or  who  shall  violate  any  provision  of  this  act 
for  which  a  specific  penalty  has  not  been  provided ;  or  who  shall  sell 
or  offer  for  sale,  or  use  or  have  in  his  possession  for  the  purpose  of 
selling  or  using  any  device  or  instrument  to  be  used  to  or  calculated 
to  falsify  any  weight  or  measure,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  two  hundred  dollars,  or  by  imprisonment  for  not  more 


iixinois  219 

than  three  months,  or  by  both  such  fine  and  imprisonment,  upon  a 
first  Conviction,  in  any  court  of  competent  jurisdiction;  and. upon 
a  second  or  subsequent  conviction  in  any  court  of  competent  jurisdic- 
tion he  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  40.  Meaning  of  terms  used  in  act. — The  word  "  person  "  as  used 
in  this  act  shall  be  construed  to  import  both  the  plural  and  singular, 
as  the  case  demands,  and  shall  include  corporations,  companies, 
societies,  and  associations. 

The  words  >k  weights,  measures,  or  (and)  weighing  or  (and) 
measuring  devices,"  as  used  in  this  act,  shall  be  construed  to  include 
all  weights,  scales,  beams,  measures  of  every  kind,  instruments  and 
mechanical  devices  for  weighing  or  measuring,  and  any  appliances 
and  accessories  connected  with  any  or  all  such  instruments. 

The  words  "  sell  "  or  "  sale  "  as  used  in  this  act,  shall  be  construed 
to  include  barter  and  exchange. 

Sec.  41.  Inspectors  not  to  be  interested  in  sale  of  weights,  etc. — No 
person  authorized  by  this  act  to  inspect  weights,  measures,  scales, 
beams  or  other  measuring  devices  shall  vend  any  weights,  measures, 
scales,  weighing  or  measuring  devices  of  any  kind  whatsoever  to 
be  used  for  weighing  or  measuring,  or  offer  or  expose  the  same 
for  sale,  or  be  interested,  directly  or  indirectly,  in  the  sale  of  the 
same. 

Sec.  42.  Tables  of  specifications  and  tolerances. — The  department  of 
trade  and  commerce  shall  promulgate  tables  of  specifications  and 
tolerances,  for  the  guidance  of  the  local  sealers,  or  inspectors  of 
weights  and  measures,  in  conformity  with  those  approved  by  the 
National  Bureau  of  Standards,  to  which  all  weights,  scales,  measures, 
and  weighing  and  measuring  devices,  used  within  the  State  shall 
conform. 

Smith's  Revised  Stats.,  1921,  ch.  127,  p.  1874. 

Sec.  56  (al921).  Rights,  powers,  and  duties  of  department  of  trade  and 
commerce. — The  department  of  trade  and  commerce  shall  have 
power:     *     *     * 

3.  To  exercise  the  rights,  powers  and  duties  vested  by  law 
in  the  chief  inspector  of  grain,  deputy  grain  inspectors,  deputy 
chief  grain  inspector,  and  the  warehouse  registrar,  the  assistant 
warehouse  registrars,  State  weighmasters,  assistant  State  weigh- 
masters  and  other  officers  and  employes  of  the  grain  inspection 
service;     *     *     * 

6.  To  execute  and  administer  all  laws  and  regulations  now  or 
hereafter  enacted,  relating  to  weights  and  measures; 

7.  To  execute  and  adminster  all  laws  and  regulations  now  or 
hereafter  enacted,  relating  to  standards  of  quantity  and  quality  of 
and  for  commodities ;     *     *     * 

Smith's  Rev.  Stats.,  1921,  ch.  56'/..,  p.  998. 

Sec.  9  (al917).  Misbranded  defined.— The  term  "  misbranded,"  as 
used  herein,  shall  apply  to  all  articles  of  food  or  drink,  or  articles 
which  enter  into  the  composition  of  food  or  drink,  the  packages  or 


220  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

labels  of  which  bear  any  statement,  design  or  device  regarding  such 
article,  or  the  ingredients  or  substance  contained  therein  which*  shall 
be  false  or  misleading  in  any  particular;  and  to  any  such  products 
which  are  falsely  branded  as  to  manufacture,  packer  or  dealer  who 
sells  the  same  or  as  to  the  State,  Territory  or  country  in  which  it  is 
manufactured  or  produced.  That  for  the  purpose  of  this  act  an 
article  shall  also  be  deemed  to  be  misbrancled — 

In  case  of  food :     *     *     * 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count:  Provided,  however. 
That  reasonable  variation  shall  be  permitted  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established  by  rules  and 
regulations  made  in  accordance  with  the  provisions  of  section  38  of 
this  act.     *     *     * 

Smith's  Rev.  Stats.,  1921,  ch.  24,  p.  194. 

Sec.  65  (al921). — 1.  The  city  council  in  cities,  and  the  president  and 

the  board  of  trustees  in  villages,  shall  have  the  following  powers: 
*     *     * 

52.  To  regulate  the  sale  of  bread  in  the  city  or  village;  prescribe 
the  weight  and  quality  of  bread  in  the  loaf.     *     *     * 

54.  To  regulate  the  inspection,  weighing  and  .measuring  of  brick, 
lumber,  firewood,  coal,  hay,  and  any  article  of  merchandise. 

55.  To  provide  for  the  inspection  and  sealing  of  weights  and 
measures. 

56.  To  enforce  the  keeping  and  use  of  proper  weights  and  measures 
by  vendors.     *     *     * 

91.  To  tax,  license  and  regulate     *     *     *     public  scales     *     *     *. 

Smith's  Rev.  Stats.,  1921,  ch.  147,  p.  2002. 

Sec.  44  (1909).  Power  of  municipal  authorities  to  require  sales  by 
weight  or  count. — That  the  city  council  in  cities,  and  the  president  and 
board  of  trustees  in  villages  and  incorporated  towns,  shall  have  power 
to  require  all  grain,  flour,  meal,  hay,  feed,  seeds,  fruits,  nuts,  vege- 
tables, and  nonliquid  vegetable  products,  meats  and  non-liquid 
animal  products,  fish,  butter,  cheese  and  other  similar  dairy  products, 
dry  groceries  and  all  other  similar  articles  of  merchandise,  or  any 
particular  class  or  classes  of  such  merchandise,  in  the  absence  of  a 
contract  or  agreement  in  writing  to  the  contrary,  to  be  sold  by 
standard  avoirdupois  weight  or  by  numerical  count. 

Laws,  1923,  p.  1. 

Sec.  1.  Standards  for  agricultural  products. — As  used  in  this  act,  the 
word  "  director  "  means  the  director  of  the  department  of  agricul- 
ture, and  the  term  "  agricultural  products  "  includes  all  farm,  dairy, 
bee,  viticuLtural  and  horticultural  products.  Nothing  in  this  act 
shall  be  construed  as  repealing  or  in  any  way  modifying  any  pro- 
vision of  "  an  act  to  regulate  the  grading,  packing,  branding  and 
sale  of  apples  in  closed  packages,"  approved  June  27,  1921:  Pro- 
vided, however,  That  apples  may  be  inspected  and  certificates  issued 
under  the  provisions  of  this  act  in  accordance  with  the  standards 
established  by  said  act. 


ILLINOIS  221 

Sec.  2.  Standard  containers,  hearing  on;  regulations  and  tolerances. — 
In  order  to  promote,  protect,  further  and  develop  the  agricultural 
interests  of  this  State,  the  director  is  hereby  authorized,  after  investi- 
gation and  public  hearing,  to  fix  and  promulgate  official  standards 
for  grading  and  classifying  any  or  all  agricultural  products  grown 
or  produced  in  this  State,  and  fix  and  promulgate  official  standards 
for  containers  of  farm  products,  and  to  change  any  of  them  from 
time  to  time.  The  director  shall  promulgate  regulations  prescribing 
such  tolerances  as  may  be  deemed  necessary  permitting  such  varia- 
tions from  the  standards  fixed  under  this  act,  as  are  reasonably  inci- 
dent to  the  proper  grading  of  agricultural  products,  or  to  the  manu- 
facture of  containers  for  such  products. 

Sec.  3.  Standards  to  be  effective,  when. — In  promulgating  the  stand- 
ards or  any  alterations  or  modifications  of  such  standards,  the  di- 
rector shall  specify  the  date  or  dates  when  the  same  shall  become 
effective,  and  shall  give  public  notice  not  less  than  thirty  days  in 
advance  of  the  date  when  the  standard  for  any  agricultural  product 
shall  become  effective  and  one  year  in  advance  of  the  date  when  a 
standard  for  any  container  shall  become  effective  by  such  means  as 
he  deems  proper,  and  he  is  hereby  authorized  to  employ  reasonable 
methods  for  diffusing  information  concerning  the  standard  that  may 
be  fixed  by  him  for  any  agricultural  product  or  container. 

Sec.  4.  Fixing  standard  containers  for  agricultural  products. — The  di- 
rector is  authorized  to  fix  and  promulgate  as  the  official  standard 
for  this  State  for  any  agricultural  product  or  container  the  standard 
for  such  product  or  container  which  may  have  been  promulgated  or 
announced  therefor  under  the  authority  of  the  Congress  of  the 
United  States,  and  in  carrying  out  the  provisions  of  this  act,  the 
director  is  authorized  to  cooperate  with  the  United  States  or  any 
department  thereof  in  accomplishing  the  matters  and  things  pro- 
vided for  herein. 

Sec.  11.  Penalty  in  re  containers  not  standard. — *  *  *  Whenever 
an}'  standard  for  a  container  for  an  agricultural  product  becomes  ef- 
fective under  this  act,  no  person  thereafter  shall  manufacture  for 
commerce  within  the  jurisdiction  of  this  State,  or  sell,  ship,  or  offer 
for  sale  in  such  commerce  any  container,  either  filled  or  unfilled,  to 
which  the  standard  is  applicable,  which  does  not  comply  with  such 
standard  subject  to  such  tolerances  as  may  be  permitted  under  this 
act. 

Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  more  than  five  hun- 
dred dollars  or  be  imprisoned  not  more  than  one  year,  or  both. 

Smith's  Rev.  Stats.,  1921,  ch.  147,  p.  2002. 

Sec.  45  (1917).  Cotton  duck. — That  for  the  purpose  of  this  act  cot- 
ton duck  or  canvas  shall  be  deemed  to  include  all  cotton  duck,  or 
canvas,  whether  single  filling,  double  filling,  army,  roll  or  wide 
duck. 

Sec.  46.  "  Yard  "  and  "ounce  "  defined. — That  for  the  purpose  of  this 
act,  the  equivalent  of  thirty-six  (36)  inches  in  length  by  twenty- 
nine  (29)  inches  in  width,  or  seven  and  one-fourth  (7V4)  square  feet 
of  cotton  duck  or  canvas  shall  constitute  a  yard,  and  an  ounce  shall 
be  one-sixteenth  part  of  a  pound  avoirdupois. 


222  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  47.  Weight  to  be  marked. — Any  person,  firm  or  corporation  who 
shall  manufacture  for  sale  or  who  may  offer  or  expose  for  sale  any 
cotton  duck  or  canvas  or  any  article  other  than  clothing  and  wear- 
ing apparel  composed  or  made  in  whole  or  in  part  of  cotton  duck 
or  canvas,  shall  distinctly  and  durably  stamp,  brand  or  mark  there- 
on the  true  and  correct  weight  of  such  cotton  duck  or  canvas,  by 
ounces  per  yard,  together  with  a  description  by  name  of  any  filler 
or  other  preparations  placed  in  or  on  said  cotton  duck  or  canvas 
since  its  manufacture. 

Sec.  48.  Sale  without  brand  or  misrepresenting  weight  prohibited. — 
It  shall  be  unlawful  for  any  person,  firm  or  corporation  either 
individually  or  in  any  representative  capacity,  to  carry  for  sale, 
sell  or  endeavor  to  sell  any  cotton  duck  or  canvas  as  herein  defined, 
or  any  articles  other  than  clothing  and  wearing  apparel  composed 
or  made  in  whole  or  in  part  of  any  cotton  duck  or  canvas  without 
having  marked  thereon  the  true  and  correct  weight  of  said  canvas, 
or  cotton  cluck  by  ounces  per  yard,  together  with  a  description  by 
name  of  any  filler  or  other  preparations  placed  in  or  on  said  cotton 
duck  or  canvas  since  its  manufacture,  or  to  misstate,  misrepresent  or 
conceal  the  true  weight  of  said  canvas  or  cotton  duck  by  ounces 
per  yard,  or  to  misstate,  misrepresent  or  conceal  the  existence  of 
any  filler  or  other  preparation  placed  in  or  on  said  cotton  duck  or 
canvas  since  its  manufacture. 

Sec.  49.  Awnings,  etc.;  misrepresenting  dimensions  prohibited. — It 
shall  be  unlawful  for  any  person,  firm  or  corporation  either  in- 
dividually or  in  representative  capacity  selling,  carrying  for  sale  or 
endeavoring  to  sell  any  awnings,  paulins,  wagon  covers,  tent,  grain 
and  hay  covers,  stable  or  tent  tops,  to  misstate  or  misrepresent  or 
conceal  the  true  and  correct  size  and  dimensions  thereof. 

Sec.  50.  Effacing  mark  prohibited. — It  shall  be  unlawful  for  any  per- 
son to  deface,  mutilate,  obscure,  conceal,  efface,  cancel  or  remove 
and  mark  provided  for  by  this  act,  or  cause  or  permit  the  same  to  be 
done  with  the  intent  to  mislead,  deceive  or  to  violate  any  of  the 
provisions  of  this  act. 

Sec.  51.  Penalty. — Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  for  the  first  offense  be  punished  by 
a  fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than  fifty 
dollars  ($50)  and  for  each  subsequent  offense  by  a  fine  of  not  less 
than  fifty  dollars  ($50)  nor  more  than  one  hundred  dollars  ($100). 

Smith's  Eev.  Stats.,  1921,  ch.  121%,  p.  1742. 

Sec.  82  (1917).  Term  "  paint  "  defined.— The  term  "  paint,"  as  used  in 
this  act,  shall  include  white  lead  in  oil  or  any  compound  intended  for 
the  same  use,  paste  or  semipaste,  and  liquid  or  mixed  paint  of  any 
kind  ready  for  use,  or  any  compound  intended  for  the  same  use. 

Sec.  83.  Weight  or  measure  to  be  marked. — *  *  *  The  label  shall 
also  state,  in  case  of  liquid  paints,  and  other  compounds,  on  pack- 
ages holding  one  quart  or  more,  the  net  measure  of  contents  of 
each  can,  package  or  container.  In  case  of  white  lead  and  other 
paints  and  compounds,  the  label  shall  show  on  packages  weighing 
four  pounds  or  more  the  net  weight  of  each  can,  package  or 
container. 


ILLINOIS  223 

Smith's  Rev.  Stats.,  1921,  eh.  114,  p.  1559. 

Sec.  Ill  (1871).  Weighing  in — receipt;  weighing  out — shrinkage; 
damages ;  evidence — shortage. — *  *  *  And  at  the  time  such  grain  is 
received  by  it  for  transportation,  such  corporation  [railroad]  shall 
carefully  and  correctly  weigh,  the  same,  and  issue  to  the  shipper 
thereof  a  receipt  or  bill  of  lading  for  such  grain,  in  which  shall  be 
stated  the  true  and  correct  weight. 

And  such  corporation  shall  weigh  out  and  deliver  to  such  ship- 
per, his  consignee  or  other  person  entitled  to  receive  the  same,  at 
the  place  of  delivery,  the  full  amount  of  such  grain,  without  any 
deduction  for  leakage,  shrinkage  or  other  loss  in  the  quantity  of 
the  same. 

In  default  of  such  delivery,  the  corporation  so  failing  to  deliver 
the  full  amount  of  such  grain  shall  pay  to  the  person  entitled 
thereto  the  full  market  value  of  any  such  grain  not  delivered  at 
the  time  and  place  when  and  where  the  same  should  have  been 
delivered. 

If  any  such  corporation  shall,  upon  the  receipt  by  it  of  any  grain 
for  transportation,  neglect  or  refuse  to  weigh  and  receipt  for  the 
same,  as  aforesaid,  the  sworn  statement  of  the  shipper,  or  his  agent 
having  personal  knowledge  of  the  amount  of  grain  so  shipped, 
shall  be  taken  as  true,  as  to  the  amount  so  shipped;  and  in  case 
of  the  neglect  or  refusal  of  any  such  corporation,  upon  the  delivery 
by  them  of  any  grain,  to  weigh  the  same,  as  aforesaid,  the  sworn 
statement  of  the  person  to  whom  the  same  was  delivered,  or  his  agent 
having  personal  knowledge  of  the  weight  thereof,  shall  be  taken 
as  true,  as  to  the  amount  delivered.  And  if,  by  such  statements,  it 
shall  appear  that  such  corporation  has  failed  to  deliver  the  amount 
so  shown  to  be  shipped,  such  corporation  shall  be  liable  for  the 
shortage,  and  shall  pay  to  the  person  entitled  thereto  the  full  market 
value  of  such  shortage,  at  the  time  and  place  when  and  where  the 
same  should  have  been  delivered. 

Sec.  205.  Examination  of  grain  and  scales;  incorrect  scales. — All  per- 
sons owning  property,  or  who  may  be  interested  in  the  same,  in 
any  public  warehouse,  and  all  duly  authorized  inspectors  of  such 
property,  shall  at  all  times,  during  ordinary  business  hours,  be  at 
full  liberty  to  examine  any  and  all  property  stored  in  any  public 
warehouse  in  this  State,  and  all  proper  facilities  shall  be  extended 
to  such  person  by  the  warehouseman,  his  agents  and  servants,  for 
an  examination;  and  all  parts  of  public  warehouses  shall  be  free 
for  the  inspection  and  examination  of  any  person  interested  in 
property  stored  therein,  or  of  any  authorized  inspector  of  such 
property.  And  all  scales  used  for  the  weighing  of  property  in 
public  warehouses  shall  be  subject  to  examination  and  test  by  any 
duly  authorized  inspector  or  sealer  of  weights  and  measures,  at 
any  time  when  required  by  any  person  or  persons,  agent  or  agents, 
whose  property  has  been  or  is  to  be  weighed  on  such  scales — the 
expense  of  such  test  by  an  inspector  or  sealer  to  be  paid  by  the 
warehouse  proprietor  if  the  scales  are  found  incorrect,  but  not  other- 

517—26 15 


224  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

wise.  Any  warehouseman  who  may  be  guilty  of  continuing  to  use 
scales  found  to  be  in  an  imperfect  or  incorrect  condition  by  such 
examination  and  test,  until  the  same  shall  have  been  pronounced 
correct  and  properly  sealed,  shall  be  liable  to  be  proceeded  against 
as  hereinafter  provided. 

Sec.  223  (1883).  Weighmaster,  appointment  of. — That  there  shall  be 
appointed  by  the  railroad  and  warehouse  commissioners  in  all  cities 
where  there  is  State  inspection  of  grain,  a  State  weighmaster 3  and 
such  assistance  as  shall  be  necessary. 

Sec.  224.  Duties  of. — Said  State  weighmaster  and  assistants  shall,  at 
the  places  aforesaid  supervise  and  have  exclusive  control  of  the 
weighing  of  grain  and  other  property  which  may  be  subject  to 
inspection,  and  the  inspection  of  scales  and  the  action  and  certificate 
of  such  weighmaster  and  assistants  in  the  discharge  of  their  afore- 
said duties  shall  be  conclusive  upon  all  parties  in  interest. 

Sec.  225.  Fix  fees. — The  board  of  railroad  and  warehouse  commis- 
sioners shall  fix  the  fees  to  be  paid  for  the  weighing  of  grain  or 
other  property,  which  fees  shall  be  paid  equally  by  all  parties 
interested  in  the  purchase  and  sale  of  the  property  weighed,  or  scales 
inspected  and  tested. 

Sec.  226.  Weighmaster — qualifications,  bond,  compensation. — Said 
State  weighmaster  and  assistants  shall  not  be  a  member  of  any  board 
of  trade  or  association  of  like  character;  they  shall  give  bonds  in 
the  sum  of  five  thousand  dollars  ($5,000)  conditioned  for  the  faith- 
ful discharge  of  their  duties,  and  shall  receive  such  compensation 
as  the  board  of  railroad  and  warehouse  commissioners  shall  deter- 
mine. 

Sec.  227.  Rules  and  regulations  for  weighing  grain. — The  railroad 
and  warehouse  commissioners  shall  adopt  such  rules  and  regulations 
for  the  weighing  of  grain  and  other  property  as  they  shall  deem 
proper. 

Sec.  228.  Neglect  of  duty;  penalty. — In  case  any  person,  warehouse- 
man or  railroad  corporation,  or  any  of  their  agents  or  employees, 
shall  refuse  or  prevent  the  aforesaid  State  weighmaster  or  either 
of  his  assistants  from  having  access  to  their  scales,  in  the  regular 
performance  of  their  duties  in  supervising  the  weighing  of  any  grain 
or  other  property  in  accordance  with  the  tenor  and  meaning  of  this 
act  they  shall  forfeit  the  sum  of  one  hundred  dollars  ($100)  for  each 
offense,  to  be  recovered  in  an  action  of  debt,  before  any  justice  of 
the  peace,  in  the  name  of  the  people  of  the  State  of  Illinois;  such 
penalty  or  forfeiture  to  be  paid  to  the  county  in  which  the  suit  is 
brought,  and  shall  also  be  required  to  pay  all  costs  of  prosecution. 

Sec.  229  (1887).  Weighing  grain  at  transfer  points. — That  in  all 
counties  of  the  third  class,  and  in  all  cities  having  not  less  than 
50,000  inhabitants,  where  bulk  grain,  millstuffs  or  seeds  are  deliv- 
ered by  any  railroad  transporting  the  same  from  initial  points  to 
another  road  for  transportation  to  other  points,  such  road  or  roads 
receiving  the  same  for  transportation  to  said  points  or  other  con- 
nections leading  thereto,  shall  provide  suitable  appliances  for  un- 
loading, weighing  and  transferring  such  property  from  one  car  to 
another  without  mixing  or  in  any  way  changing  the  identity  of 

3  Offices  of  State  weighmasters  and  assistant  State  weighmasters  abolished.  Rights, 
powers,  etc.,  transferred  to  department  of  trade  and  commerce. 


ILLINOIS  225 

the  property  so  transferred,  and  such  property  shall  be  accurately 
weighed  in  suitably  covered  hopper  scales,  which  will  determine 
the  actual  net  weight  of  the  entire  contents  of  any  carload  of  grain, 
millstuffs  or  seeds  at  a  single  draft,  without  gross  or  tare,  and 
which  weights  shall  always  be  given  in  the  receipts  or  bills  of  lading 
and  used  as  the  basis  of  any  freight  contracts  affecting  such  ship- 
ments between  such  railroad  companies  and  the  owners,  agents  or 
shippers  of  such  grain,  millstuffs  or  seeds  so  transported  and  trans- 
ferred. 

Sec.  230.  Weighing  and  transferring  in  transit. — The  practice  of 
loading  grain,  millstuffs  or  seeds  into  foreign  or  connecting-line  cars 
at  the  initial  point  from  which  the  grain,  millstuffs  or  seeds  are 
originally  shipped,  or  the  running  of  the  original  car  through  with- 
out transfer,  shall  not  relieve  the  railroad  making  the  contract  to 
transport  the  same  to  its  destination  or  connection  leading  thereto, 
from  weighing  and  transferring  such  property  in  the  manner  afore- 
said, unless  the  shipper,  owner  or  agent  of  such  grain,  millstuffs 
or  seeds  shall  otherwise  order  or  direct. 

Smith's  Rev.  Stats.,  1921,  ch.  38,  p.  612. 

Sec.  259  (1845).  False  weights  and  measures. — If  any  person  shall 
knowingly  sell  by  false  weights  or  measures,  or  shall  knowingly  use 
false  measures  at  any  mill,  in  taking  toll  for  grinding  corn,  wheat,  rye, 
or  other  grain,  he  shall  be  deemed  a  common  cheat,  and,  on  convic- 
tion, shall  be  fined  not  less  than  $200,  and  imprisoned  not  exceeding 
three  months. 

Smith's  Rev.  Stats.,  1921,  ch.  111%,  p.  1522. 

Sec.  52  (al921).  Weighing  of  cars  and  freight;  testing  railroad  weights 
and  scales. — *  *  *  The  commission  [Illinois  Commerce  Commis- 
sion] shall  have  power  to  enforce  reasonable  regulations  for  the 
weighing  of  cars,  and  of  freight  offered  for  shipment  over  any  line 
of  railroad,  and  to  test  the  weights  made  by  any  railroad  and  scales 
used  in  weighing  freight  on  cars. 

Sec.  54.  Standards  of  service;  examinations  and  tests. — The  commis- 
sion shall  have  power  to  ascertain,  determine  and  fix  for  each  kind 
of  public  utility  suitable  and  convenient  standard  commercial  units 
of  service,  product  or  commodity,  which  units  shall  be  lawful  units 
for  the  purposes  of  this  act;  to  ascertain,  determine  and  fix  adequate 
and  serviceable  standards  for  the  measurements  of  quantity,  quality, 
pressure,  initial  voltage  or  other  condition  pertaining  to  the  perform- 
ing of  its  service  or  to  the  furnishing  of  its  product  or  commodity, 
by  any  public  utility,  and  to  prescribe  reasonable  regulation  for  ex- 
amining, measuring  and  testing  such  service,  product  or  commodity, 
and  to  establish  reasonable  rules,  regulations,  specifications  and 
standards  to  secure  the  accuracy  of  all  meters  and  appliances  for 
examining,  measuring,  or  testing  such  service,  product  or  commodity. 
The  commission  may  purchase  such  materials,  apparatus  and  stand- 
ard measuring  instruments  as  it  deems  necessary  to  carry  out  the 
provisions  of  this  section. 

The  commission  shall  provide  for  the  inspection  of  the  manner  in 
which  every  public  utility  conforms  to  the  reasonable  regulations 
prescribed  by  the  commission  for  examining,  measuring  and  testing 
its  service,  product  or  commodity,  and  the  commission  may  supple- 


226  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

ment  such  inspections  by  examining,  measuring  and  testing  the  serv- 
ice, product  or  commodity  of  any  public  utility.  Any  consumer  or 
user  may  have  tested  any  appliance  for  examining,  measuring  or 
testing  any  such  service,  product  or  commodity  upon  payment  of 
the  fees  fixed  by  the  commission.  The  commission  shall  declare  and 
establish  reasonable  fees  to  be  paid  for  examining  and  testing  such 
appliances  on  the  request  of  consumers  or  users,  the  fee  to  be  paid 
by  the  consumer  or  user  at  the  time  of  his  request,  but  to  be  paid 
by  the  public  utility  and  repaid  to  the  consumer  or  user  if  the 
measuring  appliance  be  found  unreasonably  defective  or  incorrect 
to  the  disadvantage  of  the  consumer  or  user. 

The  commission,  its  officers,  agents,  experts  or  inspectors  and  em- 
ployees shall  have  power  to  enter  upon  any  premises  occupied  by  any 
public  utility  for  the  purpose  of  making  the  examinations  and  tests 
provided  in  this  act,  and  to  set  up  and  use  on  such  premises,  any 
apparatus  and  appliances  and  occupy  reasonable  space  therefor. 

Sec.  55.  Reading  of  meters. — The  commission  shall  require  that  every 
public  utility  furnishing  natural  or  artificial  gas,  electricity  or 
water  to  the  public,  Avhere  the  individual  consumption  is  measured 
by  meter,  shall,  upon  written  request  of  any  consumer,  cause  the 
meter  reader  at  the  time  of  reading  such  consumer's  meter  to  leave 
at  such  meter  a  card  showing  the  present  reading  of  the  meter, 
the  last  previous  reading,  and  the  dates  of  such  two  readings. 

Smith's  Rev.  Stats.,  1921,  ch.  56%,  p.  998. 

Sec.  56  (al915).  Concentrated  commercial  feeding  stuffs,  net  weight  to 
be  marked. — Every  lot  or  parcel  of  concentrated  commercial  feeding 
stuffs,  as  defined  in  section  2  of  this  act,  used  for  feeding  livestock 
or  poultry,  sold  or  offered  or  exposed  for  sale  within  this  State, 
shall  have  affixed  thereto,  in  a  conspicuous  place  on  the  outside 
thereof,  a  plainly  printed  statement  in  the  English  language  clearly 
and  truly  certifying — 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel ; 

(b)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer,  or 
the  person  or  persons  responsible  for  placing  the  commodity  on 
the  market;     *     *     * 

Smith's  Rev.  Stats.,  1921,  ch.  5,  p.  27. 

Sec.  47  (1885).  Fertilizer,  net  weight  to  be  marked. — That  any  per- 
son or  company  who  shall  offer,  sell  or  expose  for  sale  in  this  State, 
any  commercial  fertilizer,  the  price  of  which  exceeds  five  dollars 
a  ton,  shall  affix  to  every  package,  in  a  conspicuous  place  on  the 
outside  thereof,  a  plainly  printed  certificate,  stating  the  number 
of  net  pounds  in  the  packages  sold  or  offered  for  sale,     *     *     * 

Smith's  Rev.  Stats.,  1921  ch.  56y2,  p.  998. 

Sec.  20  (al9 11).  Instruments  for  measuring  milk  and  cream  stand- 
ards.— The  State  standard  milk  measure  or  pipettes  shall  have  for 
milk  a  capacity  of  seventeen  and  six-tenths  cubic  centimeters,  and 
the  State  standard  test  tube  or  bottles  for  milk  shall  have  a  capacity 
of  two  cubic  centimeters  at  a  temperature  of  sixty  degrees  Fahren- 
heit between  "  zero  "  and  ten  on  the  graduated  scale  marked  on  the 
necks  thereof.     For  cream  nine  or  eighteen  grams  shall  be  used, 


ILLINOIS  227 

and  the  standard  test  tubes  or  bottles  for  cream  shall  have  a  capacity 
of  three  or  six  cubic  centimeters  respectively  at  a  temperature  of 
sixty  degrees  Fahrenheit  between  "  zero  "  and  thirty  on  the  gradu- 
ated scale  marked  on  the  necks  thereof,  and  it  is  hereby  made  a  mis- 
demeanor to  use  any  other  measure,  pipette,  test  tube  or  bottle  to 
determine  the  per  cent  of  butter  fat  where  milk  or  cream  is  pur- 
chased by,  or  furnished  to  creameries  or  cheese  factories,  and  where 
the  value  of  said  milk  is  determined  by  the  per  cent  of  butter  fat 
contained  in  the  same.  Any  manufacturer,  merchant,  dealer,  or 
agent  in  this  State  who  shall  offer  for  sale  or  sell  a  cream  or  milk 
pipette  or  measure,  test  tube  or  bottle  which  is  not  correctly  marked 
or  graduated  as  herein  provided,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  punished  as  provided  in  this 
act. 

Sec.  21.  License  for  using  milk  tester. — No  person  shall  operate  a 
milk  or  cream  testing  apparatus  to  determine  the  percentage  of 
butter  fat  in  milk  or  cream  for  the  purpose  of  purchasing  the  same 
either  for  himself  or  for  another  without  first  securing  a  license 
from  the  dairy  and  food  commissioners  of  this  State,  authorizing 
such  person  to  operate  such  tester.  Any  person  desiring  to  secure 
such  license  shall  make  application  therefor  on  a  blank  to  be  pre- 
pared and  provided  by  the  dairy  and  food  commissioner,  and  such 
applicant,  before  being  issued  such  license,  shall  pass  a  satisfactory 
examination  in  person  and  prove  by  actual  demonstration  that  he 
is  competent  and  qualified  to  properly  use  such  tester  and  make  an 
accurate  test  with  the  same. 

Such  license  shall  be  issued  for  a  period  of  two  (2)  years  from 
and  after  the  date  of  its  issuance  and  a  fee  of  one  ($1.00)  dollar  shall 
be  paid  for  such  license  by  the  licensee  upon  the  issuance  thereof. 
The  dairy  and  food  commissioner  for  just  cause  shall  have  authority 
to  revoke  any  license  issued  under  the  provisions  of  this  act. 

The  fees  collected  under  the  provisions  of  this  section  shall  be 
paid  into  the  State  treasury  monthly  by  the  dairy  and  food  com- 
missioner. 

Sec.  22  (al917).  Testing  milk  and  cream  by  department  of  agricul- 
ture.— A  buyer  of  milk  or  cream  buying  of  the  producer  on  a  butter- 
fat  basis,  shall,  in  the  presence  of  the  producer  or  his  agent,  after 
having  been  petitioned  in  writing  by  one  or  more  of  its  patrons  so 
to  do,  take  a  fair  sample  of  the  producer's  milk,  of  not  less  than  two 
(2)  ounces,  and  immediately  deliver  the  same  to  the  producer  or 
his  agent  in  a  sealed  receptacle  to  be  furnished  by  the  department 
of  agriculture  suitable  for  mailing  or  expressing.  The  receptacle 
shall  be  plainly  marked  with  the  producer's  factory  number  and 
the  name  of  the  producer,  and  may  be  mailed  or  expressed  by  the 
producer  or  his  agent  to  the  department  of  agriculture  for  test. 

The  departmend  [department]  of  agriculture  shall  receive  and 
make  prompt  analysis  of  all  such  samples  of  milk  or  cream,  wash 
and  sterilize  the  containers,  and  return  to  the  plant  or  person  from 
whom  received,  the  producer  to  pay  the  transportation  charges. 

The  department  of  agriculture  shall,  not  later  than  the  fifth  day 
of  each  month,  mail  to  the  buyer  a  tabulated  sheet,  showing  the 
result  of  each  individual  producer's  test,  for  the  preceding  month, 
the  average  of  which  shall  be  the  basis  of  settlement  between  the 
buyer  and  individual  producer. 


228  LAWS   CONCERNING  "WEIGHTS   AND   MEASURES 

The  department  of  agriculture  shall,  not  later  than  the  eighth 
day  of  each  month,  mail  to  the  individual  producer  at  his  post  office 
address,  the  result  of  each  of  his  tests  for  the  preceding  month. 

Samples  of  milk  or  cream,  for  the  purpose  of  this  act,  shall  be 
taken  out  not  less  than  two  (2),  or  more  than  four  (4)  times  during 
each  monthly  period  at  the  option  of  the  buyer. 

It  shall  be  unlawful  for  the  owner,  manager,  agent  or  any  em- 
ployee of  a  creamery  or  cheese  factory,  to  manipulate,  underread 
or  overread  the  Babcock  test,  or  any  other  contrivance  used  for 
determining  the  quality  or  value  of  milk  or  cream,  or  to  falsify 
the  record  thereof,  or  to  pay  for  such  milk  or  cream  on  the  basis  of 
any  measurement  except  the  true  measurement  as  thereby 
determined. 

Smith's  Rev.  Stats.,  1921,  ch.  92,  p.  1260. 

Sec.  6  (1872).  Duty  of  miller;  toll. — The  owner  or  occupier  of  every 
public  grist  mill  within  this  State  shall  grind  the  grain  brought  to 
his  mill  as  well  as  the  nature  and  condition  of  his  mill  will  permit, 
and  in  due  turn  as  the  same  shall  be  brought,  and  may  take  for  the 
toll,  if  a  water  mill  or  steam  mill,  for  grinding  and  bolting  wheat, 
rye,  or  other  grain,  one-eighth  part ;  for  grinding  Indian  corn,  oats, 
barley  and  buckwheat,  or  other  grain  not  required  to  be  bolted,  one- 
seventh  part;  for  grinding  malt,  and  chopping  all  kinds  of  grain, 
one-eighth  part. 

Sec  7.  Miller  to  keep  measures  and  toll  dishes  or  scales. — It  shall  be  the 
duty  of  each  and  every  owner  and  occupier  of  every  public  mill,  to 
give  due  and  punctual  attendance,  when  his  mill  shall  not  be  out  of 
repair,  and  to  aid  and  assist  in  loading  and  unloading  all  grain 
which  shall  be  brought  to  him  to  be  ground.  And  he  shall  keep  in 
his  mill  an  accurate  half -bushel  measure,  and  an  accurate  set  of  toll 
dishes  or  scales  for  weighing  the  grain.-  And  for  a  failure  to  per- 
form any  of  the  duties  required  by  this  act  every  occupier  of  a 
public  mill  shall  forfeit  and  pay  the  sum  of  five  dollars  to  the  use 
of  any  person  who  shall  sue  for  the  same. 

Smith's  Rev,  Stats,,  1921,  ch.  93,  p.  1262, 

Sec.  5,  as  amended  by  laws,  1925,  H.  B.  478,  p.  488.  Sealer  of  weights ; 
test  weights. —  (j)  State  inspectors  [of  mines]  are  hereby  made  ex 
officio  sealer  of  weights  and  measures  in  their  respective  district,  and 
as  such  are  empowered  to  test  all  scales  used  to  weigh  coal  at  coal 
mines.  Upon  the  written  request  of  any  mine  owner  or  operator,  or 
of  ten  coal  miners  employed  at  any  one  mine,  it  shall  be  the  duty  of 
the  inspector  to  test  any  scale  or  scales  at  such  mine  against  which 
complaint  is  directed,  and  if  he  shall  find  that  they  or  any  of  them 
do  not  weigh  correctly,  he  shall  call  the  attention  of  the  mine  owner 
or  operator  to  the  fact,  and  direct  that  said  scale  or  scales  be  at  once 
overhauled  and  readjusted  so  as  to  indicate  only  true  and  exact 
weights,  and  he  shall  forbid  the  further  operation  of  such  mine  until 
such  scales  are  adjusted.  In  the  event  that  such  tests  shall  conflict 
with  any  test  made  by  any  county  sealer  of  weights,  or  under  and  by 
virtue  of  any  municipal  ordinance  or  regulation,  then  the  test  by  such 
mine  inspector  shall  prevail. 

(k)  For  the  purpose  of  carrying  out  the  provisions  of  this  act,  each 
State  inspector  shall  be  furnished  by  the  State  with  a  complete  set 


ILLINOIS  229 

of  standard  weights  suitable  for  testing  the  accuracy  of  tract  [track] 
scales  and  of  all  smaller  scales  at  mines,  said  test  weights  to  be  paid 
for  on  bills  of  particulars,  certified  by  the  secretary  of  state  and  ap- 
proved by  the  governor.  Such  test  weights  shall  remain  in  the  cus- 
tody of  the  inspector  for  use  at  any  point  within  his  district,  and  for 
any  amounts  expended  by  him  for  the  storage,  transportation  or 
handling  of  the  same,  he  shall  be  fully  reimbursed  upon  making 
entry  of  the  proper  items  in  his  expense  voucher. 

Sec.  26  (al919).  Operator  to  provide  scales;  weighman;  check  weigh- 
man. —  (a)  The  operator  of  every  coal  mine  where  miners  are  paid  by 
the  weight  of  their  output,  shall  provide  at  such  mine  suitable  and 
accurate  scales  for  the  weighing  of  such  coal,  and  a  correct  record  » 
shall  be  kept  of  all  coal  so  weighed,  and  said  record  shall  be  open 
at  all  reasonable  hours  to  the  inspection  of  miners  and  others  inter- 
ested in  the  product  of  said  mine.  The  operator  shall  provide  at 
such  mine  not  less  than  one  thousand  (1,000)  pounds  of  Uniter 
[United]  States  standard  weights. 

(b)  The  person  authorized  to  weigh  the  coal  and  keep  the  record 
as  aforesaid  shall  be  a  citizen  of  the  United  States,  and  shall,  before 
entering  upon  his  duties,  make  and  subscribe  to  an  oath  before  some 
persons  duly  authorized  to  administer  oaths,  that  he  will  accurately 
weigh  and  carefully  keep  a  true  record  of  all  coal  weighed,  and  such 
affidavit  shall  be  kept  conspicuously  posted  at  the  place  of  weighing. 

(c)  The  miners  at  work  in  any  coal  mine  may  employ  a  check 
weighman  at  their  option  and  at  their  own  expense,  whose  duty  it 
shall  be  to  balance  the  scales  and  see  that  the  coal  is  properly 
weighed,  and  that  a  correct  account  of  the  same  is  kept,  and  for  this 
purpose  he  shall  have  access  at  all  times  to  the  beam  box  of  said 
scales,  and  be  afforded  every  facility  for  verifying  the  weights  while 
the  weighing  is  being  done.  The  check  weighman  so  employed  by 
the  miners  shall  be  a  citizen  of  the  United  States,  and,  before  enter- 
ing upon  his  duties,  shall  make  and  subscribe  to  an  oath  before  some 
person  duly  authorized  to  administer  oaths,  that  he  will  faithfully 
discharge  his  duties  as  check  weighman,  and  such  oath  shall  be  kept 
conspicuously  posted  at  the  place  of  weighing. 


INDIANA 

Acts  1925,  ch.  86,  p.  247. 

Sec.  1.  Standard  weights  and  measures. — That  the  standard  weights 
and  measures  furnished  by  the  Government  of  the  United  States  in 
accordance  with  the  joint  resolution  of  Congress,  approved  June  14, 

.*>  1836,  and  any  additions  thereto  and  renewals  thereof  certified  to 
by  the  United  States  Bureau  of  Standards,  and  such  weights,  meas- 
ures, balances  and  apparatus  as  may  be  added  by  the  State  com- 
missioner of  weights  and  measures  and  verified  by  the  United  States 
Bureau  of  Standards,  shall  be  the  standards  by  which  all  State, 
county  and  city  standards  shall  be  tried,  proved  and  sealed. 

Sec.  2.  Commissioner  of  weights  and  measures;  duties;  regulations  and 
tolerances. — The  State  food  and  drug  commissioner  shall  be  the  State 
commissioner  of  weights  and  measures.  The  State  commissioner  of 
weights  and  measures  shall  take  charge  of  the  standards  adopted 
by  this  act  as  the  standards  of  the  State;  cause  them  to  be  kept  in 
a  fireproof  building  belonging  to  the  State,  from  which  they  shall  not 
be  removed  except  for  repairs  or  for  certification,  and  take  all  other 
necessary  precautions  for  their  safe  keeping.  He  shall  maintain 
the  State  standards  in  good  order  and  shall  submit  them  once  in  ten 
years  to  the  National  Bureau  of  Standards  for  certification.  He, 
or  his  deputies  or  inspectors  by  his  direction,  shall  correct  the  stand- 
ards of  the  several  cities  and  counties,  and  as  often  as  once  in  two 

■  years  compare  the  same  with  those  in  his  possession,  and  where  not 
otherwise  provided  by  law  he  shall  have  the  general  supervision 
of  the  weights,  measures  and  measuring  and  weighing  devices  of 
the  State,  and  in  use  in  the  State.  The  State  commissioner  of 
weights  and  measures  is  also  authorized  to  adopt  rules,  specifications 
and  tolerances  necessary  for  the  enforcement  of  the  provisions  of 
this  act,  and  the  violation  of  such  rules,  specifications  and  tolerances 
shall  be  punished,  upon  conviction,  as  set  forth  in  section  15  of  this 
act.  He,  or  his  deputies  shall,  upon  the  written  request  of  any  citi- 
zen, firm,  corporation  or  institution  of  the  State,  test  or  calibrate 
weights,  measures,  weighing  or  measuring  devices  and  instruments 
or  apparatus  used  as  standards  in  this  State.  He,  or  his  deputies  or 
inspectors  by  his  direction,  shall  at  least  once  annually  test  all  scales 
weights  and  measures  and  devices  used  in  checking  the  receipt  or 
disbursement  of  supplies  in  every  institution  under  the  jurisdiction 
of  the  State  board  of  charities  and  he  shall  report  in  writing  his 
findings  to  the  executive  officer  of  the  institution  concerned.  The 
State  commissioner  of  weights  and  measures  shall  keep  a  complete 
record  of  the  standards,  balances  and  other  apparatus  belonging  to 
the  State  and  take  a  receipt  for  the  same  from  his  successor  in  office; 
he  shall,  annually,  on  or  before  the  first  day  of  December,  make  to 
the  governor  a  report  of  the  work  done  by  his  office;  he,  or  his  dep- 
uties or  inspectors  at  his  direction,  shall  at  least  once  in  two  years 
230 


INDIANA  231 

visit  the  various  cities  and  counties  of  the  State  which  have  ap- 
pointed sealers  of  weights  and  measures  in  order  to  inspect  the  work 
of  the  local  sealers,  and  in  the  performance  of  such  duties  he  may 
inspect  the  weights,  measures,  balances  or  any  other  weighing  or 
measuring  appliances  of  any  person,  firm  or  corporation.  The  State 
commissioner  of  weights  and  measures  shall  issue  from  time  to  time 
regulations  for  the  guidance  of  State,  county  and  city  sealers  or  in- 
spectors and  the  said  regulations  shall  govern  the  procedure  to  be 
followed  by  the  aforesaid  officers  in  the  discharge  of  their  duties. 

Sec.  3.  County  inspector  of  weights  and  measures;  appointment,  re- 
moval, compensation;  district  inspectors. — The  board  of  commissioners 
of  every  county  of  thirty  thousand  population  or  more  shall,  and 
the  board  of  commissioners  of  any  county  of  less  than  thirty  thou: 
sand  population  may  appoint  a  county  inspector  of  weights  and 
measures.  No  person  shall  be  appointed  as  a  county  inspector  of 
weights  and  measures  in  any  county  unless  such  person  shall  have 
been  approved  by  the  State  commissioner  of  weights  and  measures, 
and  no  county  inspector  of  weights  and  measures  in  any  county 
shall  be  removed  by  the  board  of  commissioners  without  the  ap- 
proval and  consent  of  the  State  commissioner  of  weights  and  meas- 
ures. The  compensation  of  a  county  inspector  of  weights  and 
measures  in  counties  of  thirty  thousand  population  or  more  shall 
be  not  less  than  twelve  hundred  dollars  ($1,200)  per  year,  and 
in  counties  having  a  population  of  less  than  thirty  thousand,  the 
compensation  of  the  county  inspector  of  weights  and  measures  shall 
be  not  to  exceed  five  dollars  per  day,  to  be  determined  by  the 
board  and  to  be  paid  out  of  the  county  treasury :  Provided,  however, 
That  is  shall  not  be  obligatory  upon  the  board  of  county  commis- 
sioners of  such  counties  containing  a  city  or  cities  of  the  first, 
second  or  third  class  which  are  already  provided  with  an  inspector 
of  weights  and  measures  or  city  sealers,  to  make  such  appoint- 
ments. The  board  shall  provide  the  necessary  apparatus  and  sup- 
plies for  the  said  inspector  of  weights  and  measures  and  the  county 
councils  of  such  counties  shall  appropriate  such  sums  of  money 
as  are  necessary  for  the  salary  and  maintenance  of  the  office.  Two 
or  more  adjoining  counties,  by  appropriate  action  of  the  boards 
of  commissioners  of  such  counties,  may  form  an  inspection  dis- 
trict, and  provide  by  mutual  agreement,  for  the  appointment  of 
a  district  inspector  of  weights  and  measures.  The  compensation 
of  such  inspector  shall  not  exceed  .five  dollars  per  day  and  expenses, 
and  the  salary  and  expenses  so  paid  and  incurred  shall  be  appor- 
tioned among  the  counties  forming  the  district  in  proportion  to  the 
population  thereof. 

Sec.  4.  City  inspector  of  weights  and  measures ;  appointment,  removal, 
and  compensation. — The  common  council  of  every  city  of  the  first,  sec- 
ond and  third  class  shall  provide  for  the  appointment  by  the 
commissioners  of  the  public  safety,  commonly  known  as  the  board 
of  public  safety,  of  an  inspector  of  weights  and  measures  and 
provide  for  his  compensation  and  for  the  necessary  apparatus  and 
expenses  to  be  paid  out  of  the  city  treasury.  The  said  inspector 
of  weights  and  measures  shall  serve  continuously  during  good  be- 
havior under  the  provisions  of  section  160  of  an  act  concerning 
municipal  corporations,  approved  March  6,  1905,  governing  the  fire 
and  police  force,  and  said  inspector  of  weights  and  measures  shall 


232  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

not  be  removed  for  any  political  reason  and  only  for  good  and 
sufficient  cause  after  an  opportunity  for  hearing  is  given  by  the 
said  commissioner  of  public  safety:  Provided,  however,  That"  such 
provision  shall  not  affect  the  power  of  the  State  commissioner  of 
weights  and  measures  to  discharge  county  or  city  inspectors  of 
weights  and  measures  as  set  forth  in  section  6  of  this  act.  No 
person  shall  be  appointed  as  a  city  inspector  of  weights  and  meas- 
ures in  any  city  unless  such  person  shall  have  been  approved  by 
the  State  commissioner  of  weights  and  measures  and  no  such  city 
inspector  of  weights  and  measures  shall  be  removed  without  the 
approval  and  consent  of  the  State  commissioner  of  weights  and 
measures.  If  deemed  desirable  or  advantageous,  the  same  person 
may  be  employed  as  a  city  and  county  inspector  of  weights  and 
measures,  and  if  the  same  person  be  so  employed  the  compensa- 
tion and  expenses  of  such  inspector  shall  be  divided  between  the 
city  and  the  county,  as  agreed  upon.  The  compensation  of  such 
an  inspector  of  weights  and  measures  shall  not  be  less  than  fifteen 
hundred  dollars  ($1,500)  per  annum  in  the  case  of  cities  of  the 
first  class,  and  not  less  than  twelve  hundred  dollars  ($1,200)  per 
annum  in  case  of  cities  of  the  second  and  third  class. 

Sec.  5.  Inspectors;  duties;  bond. — The  county  or  city  inspector  of 
weights  and  measures  when  appointed  shall  be  a  deputy  inspector 
under  the  direction  of  the  State  commissioner  of  weights  and  meas- 
ures. He  shall  take  charge  of  and  safely  keep  the  county  or.  city 
standards.  When  not  otherwise  provided  by  law,  the  county  or 
city  inspector  of  weights  and  measures  shall  have  the  power  within 
his  county  or  city  to  inspect,  test,  try  and  ascertain  if  they  are  cor- 
rect, all  weights,  scales,  beams,  measures  of  every  kind,  instruments 
or  mechanical  devices  for  measurement  and  the  tools,  appliances 
or  accessories,  connected  with  any  or  all  such  instruments  or  meas- 
urements used  or  employed  within  the  county  or  city  by  any  pro- 
prietor, agent,  lessee  or  employee  in  determining  the  size,  quantity, 
extent  or  measurement  of  quantities,  things,  produce,  articles  for 
distribution  or  consumption  offered  or  submitted  by  such  person 
or  persons  for  sale,  for  hire  or  award.  He  shall  at  least  once  in 
each  year  and  as  much  oftener  as  he  may  deem  necessary  see  that 
the  weights,  measures  and  all  apparatus  used  in  the  county  or  city 
are  correct.  The  county  or  city  inspector  of  weights  and  measures 
shall  keep  a  complete  record  of  the  work  done  by  him  and  shall 
make  a  monthly  and  annual  report  to  the  State  commissioner  and 
his  board  of  county  commissioners  or  to  the  mayor;  the  annual 
report  shall  be  duly  sworn  and  submitted  to  the  State  commis- 
sioner of  weights  and  measures,  not  later  than  the  fifteenth  of  Octo- 
ber. The  county  or  city  inspector  of  weights  and  measures  shall 
forthwith  on  his  appointment  give  a  bond  with  sureties  to  be  ap- 
proved by  the  appointing  power  for  the  faithful  performance  of 
the  duties  of  his  office  for  the  safety  of  the  local  standards  and  such 
appliances  for  verification  as  are  committed  to  his  charge  and  for 
the  surrender  thereof  immediately  to  his  successor  in  office  or  to 
the  person  appointed  by  the  proper  authority  to  receive  them.  The 
county  inspector  of  weights  and  measures  shall  have  jurisdiction 
over  the  whole  county  except  as  to  incorporated  cities  which  have 
provided  for  a  city  inspector  of  weights  and  measures  under  the 


INDIANA  233 

provisions  of  this  act.  This  act  shall  apply  to  the  sealers  or  in- 
spectors of  weights  and  measures  heretofore  appointed  under  any 
State  law  or  city  ordinance,  and  such  sealer  or  inspector  shall  be 
continued  in  office  as  inspector  of  weights  and  measures  under  the 
provisions  of  this  act  for  the  respective  county,  counties,  city  or 
cities. 

Sec.  6.  Inspectors ;  qualifications ;  removal ;  appeal. — Only  those  per- 
sons shall  be  eligible  to  appointment  to  the  position  of  county  or 
city  inspectors  of  weights  and  measures  who  at  the  time  of  the  pas- 
sage of  this  act  are  county  or  city  sealers  or  inspectors  of  weights 
and  measures  or  who  have  passed  an  examination  which  shall  be 
given  by  the  State  commissioner  of  weights  and  measures  to  test 
the  ability  of  the  person  so  examined  to  perform  satisfactorily  the 
duties  of  a  county  or  city  inspector  of  weights  and  measures.  If 
it  is  evident  to  the  State  commissioner  of  weights  and  measures 
that  any  county  or  city  inspector  of  weights  and  measures  is  not 
properly  and  faithfully  performing  the  duties  of  his  office,  the  State 
commissioner  of  weights  and  measures  shall  have  power  to  discharge 
such  county  or  city  inspector  of  weights  and  measures.  Such  re- 
moval, however,  shall  not  be  made  until  five  days'  notice  of  the 
charge  or  charges  shall  have  been  mailed  to  him  by  said  commis- 
sioner, naming  a  time  and  place  for  a  hearing,  not  less  than  two 
weeks  later  than  the  time  of  mailing  such  notice  to  said  county  or 
city  inspector  of  weights  and  measures:  Provided,  however,  That 
any  county  or  city  inspector  of  weights  and  measures  so  removed 
by  the  State  commissioner  of  weights  and  measures,  shall  have  the 
right  to  appeal  from  the  action  of  said  commissioner  to  the  circuit 
or  superior  court  of  the  county  in  which  such  county  or  city  inspec- 
tor of  weights  and  measures  resides,  and  during  the  pendency  of 
such  appeal,  such  county  or  city  inspector  of  weights  and  measures 
may  serve  in  his  official  capacity.  Any  county  or  city  inspector  of 
weights  and  measures  discharged  as  herein  provided,  shall  be  in- 
eligible to  hold  the  position  of  county  or  city  inspector  of  weights 
and  measures  for  four  years,  and  the  vacancy  shall  be  filled  by  the 
proper  authorities,  as  provided  in  this  act. 

Sec.  7.  Scales  and  measures. — Whenever  the  inspector  of  the  city  or 
county  or  the  State  commissioner  or  his  deputies  or  inspectors  tests 
and  compares  scales,  weights,  measures  or  weighing  or  measuring  de- 
vices and  finds  that  they  correspond  with  the  standards  in  his  posses- 
sion he  shall  seal  and  mark  such  scales,  weights,  measures  or  weigh- 
ing and  measuring  devices  by  stamping  upon  them  the  letters  "  Ind. 
S.,"  meaning  Indiana  standard,  and  the  last  two  figures  of  the  year 
in  which  the  same  is  done ;  if  any  scales,  weights,  measures,  or  weigh- 
ing or  measuring  devices,  or  parts  thereof,  be  found  not  to  conform 
to  the  legal  standard  the  same  may  be  tagged  by  the  inspector  "  con- 
demned until  repaired  "  which  ta£-  shall  not  be  removed  until  said 
apparatus  is  properly  repaired;  if  said  scales,  weights,  measures,  or 
weighing  or  measuring  devices,  or  parts  thereof  are  found  to  be  false 
and  fraudulent,  or  cannot  be  made  to  conform  to  the  legal  standard, 
the  same  shall  be  condemned  and  confiscated  by  said  inspector. 

Sec.  8.  Police  powers;  seizure  of  scales  and  measures. — The  commis- 
sioner of  weights  and  measures,  his  deputies  and  inspectors,  and  the 
county  and  city  inspectors  of  weights  and  measures,  are  hereby  made 


234  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

special  policemen  and  are  authorized  and  empowered  to  arrest  with- 
out formal  warrant  for  any  violation  of  the  statutes  in  relation  to 
scales,  weights  and  measures,  and  to  seize  and  use  for  evidence  and 
without  formal  warrant  any  false  weight,  scales,  measure,  or  weigh- 
ing or  measuring  device,  or  packages  or  amounts  of  commodities 
found  to  be  used,  retained  or  offered  or  exposed  for  sale  or  sold  in 
violation  of  law. 

Sec.  9.  Right  of  entry ;  penalties. — The  State  commissioner  of 
weights  and  measures,  his  agents,  deputies  or  inspectors,  and  the 
county  and  city  inspectors  of  weights  and  measures  may  for  the 
purpose  of  enforcing  this  act,  and  in  the  general  performance  of 
their  official  duties,  enter  or  go  into  or  upon  without  formal  warrant, 
any  stand,  place,  building  or  premises,  or  may  stop  any  vender,  ped- 
dler, junk  dealer,  coal  wagon,  ice  wagon,  or  any  dealer  whatsoever, 
for  the  purpose  of  making  the  proper  test  and  for  the  purpose 
of  ascertaining  the  proper  weights  and  measures  of  all  commodities 
found  therein  or  thereon.  Whenever  the  State  commissioner  of 
weights  and  measures,  his  agents,  deputies  or  inspectors,  or  the 
county  and  city  inspectors  of  weights  and  measures  find  a  violation 
of  the  statutes  relating  to  weights  and  measures,  he  shall  cause  the 
violator  to  be  prosecuted. 

Any  person  who  shall  molest,  hinder  or  obstruct  in  any  way  the 
State  commissioner  of  weights  and  measures,  his  agents,  deputies  or 
inspectors,  or  any  county  or  city  inspector  of  weights  and  measures 
in  the  performance  of  his  official  duties  hereunder,  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punished  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction  by  a  fine  of  not  less  than  ten  dollars 
($10)  nor  more  than  two  hundred  dollars  ($200)  to  which  may  be 
added  imprisonment  in  the  county  jail  for  not  more  than  ninety  days. 

Sec.  10.  Commodities;  standard  weight  and  measure. — All  commodi- 
ties shall  be  sold  by  standard  weight  or  measure  except  as  otherwise 
provided  in  this  act :  Provided,  however,  That  the  provisions  of  this 
section  shall  not  apply  to  commodities  which  are  usually  and  cus- 
tomarily sold  by  numerical  count,  or  in  gross,  or  are  sold  in  pack- 
ages prepared  and  put  up  for  sale :  Provided,  That  all  commodities 
packed  in  such  packages  shall  be  so  marked  as  to  plainly  indicate  the 
net  contents  in  terms  of  weight,  measure  or  numerical  count:  Pro- 
vided, also,  That  two  thousand  pounds  net  avoirdupois  shall  con- 
stitute a  ton. 

Sec.  11.  False  scales  and  measuring  devices. — No  person,  firm  or  cor- 
poration shall  use  or  retain  in  his  possession  any  false  scales,  weights, 
or  measures  or  measuring  device  or  any  weight  or  measure  or  weigh- 
ing or  measuring  device  in  the  buying  or  selling  of  any  commodity 
or  thing  or  in  calculating  or  measuring  service,  or  dispose  of  any 
condemned  scales,  weights,  measure  or  weighing  or  measuring  de- 
vice, except  in  accordance  with  such  rules,  specifications  and  toler- 
ances as  may  be  adopted  by  the  State  commissioner  of  weights  and 
measures,  as  provided  in  section  2  of  this  act,  or  remove  any  tag, 
stamp  or  mark  placed  thereon  by  the  inspector ;  and  no  person,  firm 
or  corporation  shall  sell  or  offer  or  expose  for  safe  or  deliver  less  than 
the  quantity  he  represent ;  or  sell,  offer  for  sale  or  have  in  his  posses- 
sion for  the  purpose  of  selling  any  false  scales,  weight  or  measure  or 
any  device  or  instrument  to  be  used  or  calculated  to  falsify  any 
weight  or  measure. 


INDIANA  235 

Sec.  12.  Sale  by  weight  or  numerical  count;  standard  containers. — All 
commodities  shall  be  offered  for  sale  or  sold  upon  the  basis  of  avoir- 
dupois net  weight  or  by  numerical  count  only,  and  it  shall  be  unlaw- 
ful for  anyone  to  use  or  employ  any  dry  capacity  measure,  basket, 
barrel  or  container  of  any  kind  as  a  means  of  determining  the 
amounts  or  quantities  of  any  commodities  offered  for  sale,  or  sold : 
Provided,  however,  That  the  provisions  of  this  act  shall  not  be 
construed  to  apply  to  fruits  and  vegetables  sold  in  the  original 
standard  container,  nor  to  vegetables  which  by  common  custom  are 
offered  for  sale,  or  sold  by  the  bunch ;  nor  shall  the  provisions  of  this 
act  be  construed  to  apply  to  fresh  berries  and  to  other  small  fruits 
which  are  customarily  offered  for  sale,  and  sold  by  the  box,  basket 
or  other  receptacle,  except,  however,  when  such  fresh  berries  or  such 
other  small  fruits  are  offered  for  sale,  or  sold  in  bulk,  in  which  case 
the  provisions  of  this  act  shall  apply  to  the  extent  that  such  fresh 
berries  and  such  other  small  fruits  shall  be  offered  for  sale,  and  sold 
by  avoirdupois  net  weight  only:  Provided,  further,  however,  That 
all  fresh  berries  and  such  other  small  fruits  when  offered  for  sale  or 
sold  shall  be  so  offered  or  sold  in  boxes,  baskets  or  receptacles  of 
uniform  size  to  hold  one  quart  or  one  pint  dry  measure  only,  which 
said  boxes,  baskets  or  other  receptacles  shall  be  uniformly  and  evenly 
tilled  throughout. 

The  term  "'  commodities  "  as  used  in  this  section  shall  be  construed 
to  mean  commodities  or  articles  other  than  liquids,  which  are  capa- 
ble of  being  measured  by  dry  capacity  measure. 

The  term  "  original  standard  container  "  as  used  in  this  section 
shall  be  construed  to  mean  and  include  only  barrels,  boxes,  baskets, 
hampers,  or  similar  containers  the  dimensions  or  capacity  of  which 
is  established  by  law  of  this  State  or  by  act  of  Congress,  the  contents 
of  which  have  not  been  removed  o*  repacked,  and  upon  which  is 
plainly  and  conspicuously  marked  the  net  quantity  of  contents 
thereof  in  terms  of  weight,  measure  or  numerical  count. 

Sec.  13.  Weighmasters ;  appointment  and  duties. — The  State  commis- 
sioner of  weights  and  measures  upon  application  of  any  county, 
city,  town,  corporation,  individual,  firm,  association  or  institution 
may  designate  one  or  more  employees  or  some  other  suitable  person 
or  persons,  to  act  as  weighmaster  for  such  county,  city,  town,  cor- 
poration, individual,  firm,  association  or  institution.  Such  weigh- 
master shall  be  appointed  for  a  specified  term  and  shall,  before 
entering  upon  his  duties,  make  oath  faithfully  to  execute  his  trust 
as  weighmaster.  Said  commissioner  of  weights  and  measures  shall 
issue  and  keep  record  of  a  certificate  of  appointment  which  shall 
designate  the  location  of  said  scale  or  scales  or  measuring  devices 
to  be  operated  by  said  weighmaster.  The  rights  and  duties  of 
weighmasters  shall  be  prescribed  by  said  State  commissioner  and 
such  weighmasters  shall  not  receive  compensation  from  the  State 
for  duties  so  performed.  Any  weighmaster  who  misrepresents  the 
quantity  of  commodities  weighed  or  measured  by  him,  or  otherwise 
misconducts  himself  in  the  execution  of  his  duties  of  weighmaster 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction,  shall  be 
punished  as  set  forth  in  section  15  of  this  act  and  shall  forfeit  his 
certificate  as  weighmaster. 

Sec.  14.  Definition  of  terms. — The  word  "  person  "  as  used  in  this 
act  shall  be  considered  to  include  also  firm,  copartnerships,  or  cor- 


236  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

porations.  The  term  "  device  "  or  "  devices  "  as  used  in  this  act 
shall  be  construed  to  include  all  weights,  scales,  beams,  mechanical 
devices  or  other  instruments.  The  word  "  sell,"  "  sale  "  or  "  buy  " 
as  used  in  this  act  shall  be  construed  to  include  barter  and  exchange. 

Sec.  15.  Penalties. — Except  where  a  specific  penalty  is  otherwise 
provided,  any  person,  firm,  copartnership  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall,  for  a  first  offense, 
be  fined  in  any  sum  not  less  than  ten  dollars  ($10)  and  not  more  than 
one  hundred  dollars  ($100),  to  which  may  be  added  imprisonment 
for  a  term  of  not  to  exceed  three  months,  and  for  a  second  or  other 
subsequent  offense  shall  be  punished  by  a  fine  of  not  less  than 
twenty  dollars  ($20)  and  not  more  than  five  hundred  dollars  ($500), 
to  which  may  be  added  imprisonment  for  a  term  of  not  more  than 
six  months. 

Sec.  17.  Constitutionality. — That  if  any  clause,  sentence,  paragraph, 
or  part  of  this  act  shall  for  any  reason  be  adjudged  by  any  court 
of  competent  jurisdiction  to  be  invalid,  such  judgment  shall  not 
affect,  impair,  or  invalidate  the  remainder  of  this  act,  but  shall  be 
confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judg- 
ment has  been  rendered. 

Burns'  Ann.  Stats.,  Suppl.  1921,  ch.  133,  p.  2257. 

Sec.  10525k  (1917).  Articles  to  be  sold  by  weight. — That  all  articles 
hereinafter  mentioned  when  sold  shall  be  sold  by  avoirdupois 
weight  or  numerical  count,  to  wit:  Apples,  grapes,  peaches,  pears, 
plums,  quinces,  cranberries,  prunes,  raisins,  dates,  figs,  dried  apples, 
dried  peaches,  apricots,  rice,  beans,  green  beans,  carrots,  onions, 
parsnips,  potatoes,  sweet  potatoes,  tomatoes,  turnips,  beets,  peas, 
green  peas,  cabbage,  cauliflower,  endive,  lettuce,  spinach,  sauer- 
kraut, barley,  bran,  buckwheat,  corn  in  ear,  shelled  corn,  corn  meal, 
flour,  wheat,  rye,  oats,  sweet  corn  in  ear,  shelled  sweet  corn,  hominy, 
dried  sweet  corn,  popcorn  in  ear,  shelled  popcorn,  bluegrass  seed, 
broom  corn  seed,  canary  seed,  cotton  seed,  clover  seed,  timothy 
seed,  hemp  seed,  malt,  millet,  onion  sets,  orchard  grass  seed,  rape 
seed,  red  top  seed,  English  walnuts,  black  walnuts,  hickory  nuts, 
Brazil  nuts,  pecans,  almonds,  filberts,  ice,  coal,  coke,  lime,  salt, 
sugar,  tea,  coffee,  bulk  spices,  cheese,  butter,  oleomargarine,  lard, 
fresh  and  salt  meats,  fish,  game,  fowls,  chopped  feed,  candy  and 
other  commodities  usually  and  customarily  sold  by  weight:  Pro- 
vided, That  nothing  in  this  section  shall  apply  to  seeds  in  sealed 
packages :  And  further  provided,  That  the  provisions  of  this  section 
shall  not  apply  to  the  sale  of  articles  where  both  buyer  and  seller 
in  writing  agree  to  other  methods  of  sale :  And  provided  further, 
That  nothing  in  this  act  shall  be  construed  to  apply  to  the  original 
producer  of  foodstuffs  delivering  from  house  to  house  direct  from 
the  source  of  production,  or  delivering  at  the  source  of  production. 

Sec.  105251.  Exceptions. — Fresh  vegetables  which  are  customarily 
sold  by  the  bunch,  such  as  young  onions,  radishes,  celery  and 
watercress;  fresh  berries,  customarily  sold  by  the  box  as  hereinafter 
provided,  such  as  strawberries,  raspberries,  blackberries  and  cur- 
rants, shall  not  be  included  in  the  provisions  of  this  law.  All  fresh 
berries,  such  as  strawberries,  raspberries  and  currants  sold  or  offered 


INDIANA  237 

for  sale  by  any  person,  firm  or  corporation,  shall  be  sold  by  avoir- 
dupois net  weight,  or  in  uniform  sized  baskets,  boxes  or  other  recep- 
tacles containing  one  quart,  or  one  pint  standard  dry  measure  and 
in  no  other  way  and  the  said  receptacles  shall  be  uniformly  and 
evenly  filled  throughout. 

Sec.  10525m.  Penalty. — That  whoever  by  himself,  his  servant,  or 
agent,  or  as  the  servant  or  agent  of  another  person  sells  or  offers 
for  sale  any  article  enumerated  in  this  act  in  any  other  manner 
than  provided  by  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  for  the  first  offense  be  punished 
by  a  fine  of  not  less  than  ten  dollars  ($10.00)  nor  more  than  thirty 
dollars  ($30.00)  ;  for  the  second  offense,  by  a  fine  of  not  less  than 
twenty-five  dollars  ($25.00)  nor  more  than  one  hundred  ($100.00) ; 
and  for  the  third  and  subsequent  offenses,  by  a  fine  of  one  hundred 
dollars  ($100.00)  and  imprisonment  in  the  county  jail  for  not  less 
than  thirty  (30)  nor  more  than  ninety  (90)  days. 

Sec.  10525n.  Exemptions  from  act. — Apples  sold  by  the  standard 
United  States  apple  barrel x  of  seven  thousand  fifty-six  (7,056) 
cubic  inches,  or  by  the  standard  apple  box  of  the  following  dimen- 
sions, to  wit:  Sixteen  and  one-half  inches  deep  (16%),  eleven  and 
one-half  inches  wide  (11%)  and  eighteen  inches  long  (18),  inside 
measurement;  and  cranberries  sold  by  the  United  States  standard 
cranberries  [cranberry]  barrel  shall  be  exempted  from  the  provisions 
of  this  act. 

Sec.  10525o  (1921).  Use  of  false  scales,  weights,  and  measuring  devices; 
penalty. — Any  person,  firm  or  corporation  engaged  in  the  business  of 
buying  grain,  livestock,  feed,  junk,  or  other  commodity,  who  shall 
have  in  his  or  their  possession  for  use  in  such  business,  or  shall  use, 
any  false  scales,  weights  or  measuring  devices  or  weighing  devices, 
or  any  person,  firm  or  corporation  who  by  himself  or  themselves, 
or  by  his  agent  or  their  agent,  shall  buy  or  offer  to  buy  or  accept 
any  livestock,  grain,  feed,  junk  or  other  commodity  weighed  or 
measured  by  such  false  weighing  or  measuring  device,  or  any  grain, 
livestock,  feed,  junk  or  other  commodity  which  has  been  made 
subject  to  any  false  representation  or  manipulation  of  its  true  weight 
or  measure,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
in  any  court  of  competent  jurisdiction  shall  be  punished  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  to  which 
may  be  added  imprisonment  in  the  county  jail  for  not  more  than 
three  months,  upon  first  conviction;  and  upon  second  or  subsequent 
conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars 
nor  more  than  five  hundred  dollars  to  which  may  be  added  imprison- 
ment in  the  county  jail  for  not  more  than  six  months. 

Sec.  10525p.  Enforcement  of  act. — It  shall  be  the  duty  of  the  State 
commissioner  of  weights  and  measures,  his  deputies,  State,  city  and 
county  sealers,  and  inspectors  of  weights  and  measures  to  enforce 
the  provisions  of  this  act ;  and  said  commissioner,  his  deputies, 
State [,]  city  and  county  sealers  and  inspectors  of  weights  and  meas- 
ures are  hereby  authorized  to  exercise  all  police  powers  already  con- 
ferred upon  them  by  existing  State  laws  pertaining  to  weights  and 
measures  for  the  purpose  of  such  enforcement. 

Sec.  10525q.  Act  supplemental. — This  act  shall  be  construed  to  sup- 
plement existing   laws   pertaining   to   and   governing   weights   and 

1  See  p.  19. 


238  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

measures  in  the  State  of  Indiana  and  shall  not  be  construed  as 
repealing  any  such  laws. 

Burns'  Ann.  Stats.,  1914,  Vol.  4,  ch.  133,  p.  1106. 

Sec.  10518  (1852).  County  board  to  procure  standards. — Each  board 
of  county  commissioners  shall  procure  a  set  of  the  following  meas- 
ures and  weights :  One  measure  of  one  foot,  or  twelve  inches,  English 
measure,  so-called ;  also  one  measure  of  three  feet,  or  thirty-six  inches, 
as  aforesaid;  also  one  half-bushel  measure  (which  shall  contain  one 
thousand  and  seventy-five  and  one-fifth  solid  inches),  and  one  gallon 
measure  (which  shall  contain  two  hundred  and  thirty-one  solid 
inches),  which  measures  are  to  be  of  wood  or  of  any  metal  the  court 
may  think  proper ;  also  one  set  of  weights  commonly  called  avoirdu- 
pois weights;  which  weights  and  measures  shall  be  sealed  with  the 
name  or  initial  letters  of  the  county,  and  shall  be  kept  by  the  county 
auditor,  for  the  purpose  of  trying  and  sealing  the  weights  and  meas- 
ures used  in  his  county. 

Sec.  10519.  Notice;  auditor's  duty;  sealing. — As  soon  as  such  board 
of  county  commissioners  shall  have  furnished  the  set  of  weights 
and  measures  as  aforesaid,  it  shall  cause  notice  thereof  to  be  given, 
at  the  courthouse  door,  for  one  month;  and  any  person  desirous 
of  having  his  weights  and  measures  tried  by  the  county  standard 
shall  apply  to  the  county  auditor  of  the  county  in  which  he  shall 
live,  and  if  they  correspond  with  the  standard,  the  county  auditor 
shall  seal  them  with  the  seal  provided  for  that  purpose.2 

Sec.  10522  (1885).  Standard  bushel  to  be  a  legal  tender. — All  the 
different  kinds  of  grain,  seeds  and  articles  specified  in  this  act 3  shall 
hereafter  be  given  and  taken  at  the  several  weights  affixed  to  each 
as  a  standard  bushel,  and  as  such  shall  be  considered  a  legal  tender  to 
fulfill  any  contract  made  for  the  delivery  of  either  of  the  kinds  of 
grain,  seeds  or  articles  specified  in  this  act. 

*  Sec.  10523  (1897).  Wheat,  how  measured.— That  it  shall  be  unlawful 
for  any  person,  commission  merchant,  miller,  dealer,  grain  inspector, 
corporation,  company,  firm  or  association,  either  by  himself,  itself, 
officer,  agent  or  employe,  when  purchasing  wheat  or  receiving  it  in 
barter  or  exchange  for  flour  or  otherwise,  from  the  owner,  his  agent 
or  employe,  to  use  for  the  purpose  of  testing  or  determining  the 
weight,  grade,  milling  or  market  value  of  wheat  any  measure  other 
than  the  standard  half-bushel  measure  furnished  this  State  by  the 
United  States,  and  the  use  of  any  fractional  part  of  said  standard 
half-bushel  measure  for  such  purpose  will  be  a  violation  of  this 
section. 

Sec.  10524.  Manner  of  measuring. — It  shall  be  unlawful  to  use  any- 
thing other  than  a  straight  stick  with  the  edges  square  for  leveling 
the  wheat  in  said  half-bushel  measure,  for  the  purpose  of  testing  the 
weight,  grade,  milling  or  market  value  of  wheat :  Provided^  That  the 
provisions  of  this  act  shall  not  apply  to  wheat  or  grain  that  is  in- 
spected or  graded  by  the  car  load  under  the  regulations  of  any  board 
of  trade. 

Sec.  10525.  Violation  of  act ;  penalty.— Any  person  violating  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 

8  Sees.  10520  and  10521  are  the  same  as  sec.  2609,  which  see. 
3  See  sec.  2609  for  weights  specified  for  grain. 


INDIANA  239 

viction,  shall  be  fined  in  any  sum  not  more  than  one  hundred  dollars 
nor  less  than  ten  dollars,  to  which  can  be  added  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  six  months,  in  the  discretion 
of  the  judge  or  jury  trying  the  same. 

Burns'  Ann.  Stats.,  Suppl.  1921,  ch.  81,  p.  1117. 

Sec.  7637s  (1919).  Standard  weight  of  loaf  of  bread. — Bread  to  be 
sold  by  the  loaf  made  by  bakers  engaged  in  the  business  of  whole- 
saling and  retailing  bread,  shall  be  sold  based  upon  any  of  the  fol- 
lowing standard  weights  and  no  other;  namely,  a  loaf  weighing 
three-quarters  of  a  pound,  a  loaf  weighing  one  pound,  a  loaf  weigh- 
ing one  and  one-half  pounds  and  loaves  weighing  two  pounds,  or 
some  other  multiple  of  one  pound.  These  shall  be  the  standard 
weights  for  bread  to  be  sold  by  the  loaf  and  such  bread  shall  not 
be  sold  of  other  weights.  The  State  commissioner  of  weights  and 
measures  shall  adopt  and  establish  by  rules  such  reasonable  toler- 
ances or  variations  within  which  these  weights  of  standard  loaves 
shall  be  kept:  Provided,  however,  That  such  tolerances  and  varia- 
tions shall  not  exceed  one  ounce  per  pound  over  and  one  ounce  per 
pound  under  the  standard  unit  weight.  Every  loaf  of  bread  made 
or  procured  for  the  purpose  of  sale,  sold  or  offered  for  sale  shall 
have  affixed  thereon  in  a  conspicuous  place  a  label  upon  which  there 
shall  be  printed  in  plain  type  the  weight  of  the  loaf,  stated  in  pounds 
or  fractions  of  pounds,  or  both,  as  the  case  may  be,  together  with 
the  business  name  of  the  baker  or  manufacturer  of  the  loaf.  In 
the  case  of  wrapped  bread,  such  information  shall  be  stated  in  a 
plain  position  upon  the  wrapper  of  each  loaf,  and  in  the  case  of  un- 
wrapped bread  shall  be  stated  upon  a  label  no  larger  than  one  by 
one  and  one-half  inches  in  size  and  not  smaller  than  one  inch  by 
three-quarters  of  an  inch,  and  such  label  affixed  to  an  unwrapped 
loaf  shall  not  be  affixed  in  any  manner  or  with  any  gums  or  pastes 
which  are  unsanitary  or  unwholesome.  It  shall  be  the  duty  of  the 
commissioner  of  weights  and  measures,  and  of  the  sealers  of  weights 
and  measures  of  any  city,  town  or  county  or  any  agent  thereof  re- 
sponsible for  the  enforcement  of  weight  and  measure  laws  and  ordi- 
nances under  regulations  prescribed  by  the  commissioner  of  weights 
and  measures  to  enforce  the  provisions  of  this  section. 

Sec.  7637t.  Penalty  for  violation. — Any  person,  firm  or  corporation 
who  shall  violate  any  of  the  provisions  of  this  act  shall  be  subject  to 
a  fine  of  not  less  than  ten  dollars,  nor  more  than  one  hundred  dol- 
lars, and  each  day's  continuance  of  any  practice,  act  or  condition 
prohibited  herein  shall  constitute  a  separate  offense  within  the  mean- 
ing of  this  act. 

Sec.  7637u.  No  conflicting  enactments. — Except  as  in  this  act  pro- 
vided, no  city  or  town  or  any  board  or  officer  thereof  shall  have 
power  to  exact  or  make  any  ordinance,  law,  resolution,  rule  or  order, 
affecting  the  matters  covered  by  this  act. 

Burns'  Ann.  Stat.,  1914,  Vol.  4,  ch.  109,  p.  218. 

Sec.  8655  (1905).  General  powers  of  council. — The  common  council 
of  every  city  shall  have  power  to  enact  ordinances  for  the  following 
purposes : 

517—26 10 


240  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

Twenty-second:  To  regulate  the  selling,  weighing  and  measuring 
of  hay,  wood,  coal,  coke  and  all  other  articles  sold  by  weight  or 
measure ;  to  require  dealers  to  keep  honest  weights  and  measures  and 
to  provide  for  inspection  of  such  weights  and  measures. 

laws,  1923,  ch.  44,  p.  143. 

Sec.  1.  Standard  hampers  for  fruits  and  vegetables;  specifications. — 
That  the  standard  hamper  for  fruits  and  vegetables  shall  be  the  one- 
peck  hamper,  one-half  bushel  hamper,  five-eighths  bushel  hamper, 
one  bushel  hamper,  and  one  and  one-half  bushel  hamper,  which  re- 
spectively, shall  be  of  the  capacity  and  conform  to  the  specifications 
set  forth  in  this  section. 

(a)  The  standard  one-peck  hamper  shall  contain  five  hundred 
and  thirty-seven  and  six-tenths  cubic  inches,  and  conform  to  the 
following  specifications:  The  inside  diameter  between  staves  at  the 
upper  edge  of  the  top  inside  hoop  shall  be  ten  and  three-eighths 
inches;  the  inside  diameter  of  the  bottom  shall  be  six  and  one-half 
inches ;  the  inside  length  of  the  staves,  shall  be  nine  and  five-eighths 
inches;  the  inside  hoop  shall  be  one-tenth  of  an  inch  thick  and  set 
with  its  upper  edge  even  with  the  upper  ends  of  the  staves;  each 
stave  shall  be  not  less  than  one-tenth  of  an  inch  thick  and  ten  and 
one-eighth  inches  long ;  and  the  bottom  piece  shall  be  one-half  of  an 
inch  thick. 

(b)  The  standard  one-half  bushel  hamper  shall  contain  one  thou- 
sand and  seventy-five  and  twenty-one  hundredths  cubic  inches, 
and  conform  to  the  following  specifications :  The  inside  diameter  be- 
tween staves  at  the  upper  edge  of  the  top  inside  hoop  shall  be  thir- 
teen inches;  the  inside  diameter  of  the  bottom  shall  be  eight  and 
one-half  inches;  the  inside  length  of  the  staves  shall  be  twelve 
inches ;  the  inside  top  hoop  shall  be  one-ninth  of  an  inch  thick  and  set 
with  its  upper  edge  even  with  the  upper  ends  of  the  staves;  each 
stave  shall  be  not  less  than  one-tenth  of  an  inch  thick  and  twelve 
and  five-eighths  inches  long;  and  the  bottom  piece  shall  be  five- 
eighths  of  an  inch  thick. 

(c)  The  standard  five-eighths  bushel  hamper  shall  contain  one 
thousand,  three  hundred  forty-four  cubic  inches  and  conform  to  the 
following  specifications :  The  inside  diameter  between  staves  at  the 
upper  edge  of  the  top  inside  hoop  shall  be  fourteen  and  one-fourth 
inches;  the  inside  diameter  of  the  bottom  shall  be  nine  inches;  the 
inside  length  of  the  staves  shall  be  twelve  and  seven-eighths  inches; 
the  inside  top  hoop  shall  be  one-eighth  of  an  inch  thick  and  set 
with  its  upper  edge  even  with  the  upper  ends  of  the  staves;  each 
stave  shall  be  not  less  than  one-ninth  of  an  inch  thick  and  thirteen 
and  one-half  inches  long;  and  the  bottom  piece  shall  be  five-eighths 
of  an  inch  thick. 

id)  The  standard  one  bushel  hamper  shall  contain  two  thousand 
one  hundred  and  fifty  and  forty-two  one-hundredths  cubic  inches, 
and  conform  to  the  following  specifications:  The  inside  diameter 
between  staves  at  the  upper  edge  of  the  top  inside  hoop  shall  be 
fifteen  and  one-eighth  inches ;  the  inside  diameter  of  the  bottom  shall 
be  nine  inches ;  the  inside  length  of  the  staves  to  the  upper  edge  of 
the  top  inside  hoop  shall  be  nineteen  inches;  the  inside  hoop  shall 
be  one-eighth  of  an  inch  thick  and  set  with  its  upper  edge  three- 


INDIANA  241 

eighths  of  an  inch  below  the  upper  ends  of  the  staves;  each  stave 
shall  be  not  less  than  one-eighth  of  an  inch  thick  and  twenty  inches 
long;  and  the  bottom  piece  shall  be  five-eighths  of  an  inch  thick. 

(e)  The  standard  one  and  one-half  bushel  hamper  shall  contain 
three  thousand  two  hundred  and  twenty-five  and  sixty-three  one- 
hundredths  cubic  inches,  and  conform  to  either  of  the  following 
specifications : 

(1)  The  inside  diameter  between  staves  at  the  upper  edge  of 
the  top  inside  hoop  shall  be  sixteen  and  one-fourth  inches;  the  in- 
side diameter  of  the  bottom  shall  be  nine  inches ;  the  inside  length  of 
the  staves  to  the  upper  edge  of  the  top  inside  hoop  shall  be  twenty- 
six  inches;  the  inside  top  hoop  shall  be  one-eighth  of  an  inch  thick 
and  set  with  its  upper  edge  three-eighths  of  an  inch  below  the 
upper  ends  of  the  staves ;  each  stave  shall  be  not  less  than  one-sixth 
of  an  inch  thick  and  twenty-seven  inches  long,  and  the  bottom  piece 
shall  be  five-eighths  of  an  inch  thick. 

(2)  The  inside  diameter  between  staves  at  the  upper  edge  of 
the  top  inside  hoop  shall  be  sixteen  and  three-fourths  inches;  the 
inside  diameter  of  the  bottom  shall  be  ten  inches;  the  inside  length 
of  the  staves  to  the  upper  edge  of  the  top  inside  hoop  shall  be 
twenty-three  inches;  the  inside  top  hoop  shall  be  one-eighth  of  an 
inch  thick  and  set  with  its  upper  edge  three-eighths  of  an  inch 
below  the  upper  ends  of  the  staves,  each  stave  shall  be  not  less 
than  one-eighth  of  an  inch  thick  and  twenty-four  inches  long;  and 
the  bottom  piece  shall  be  five-eighths  of  an  inch  thick. 

Sec.  2.  Standard  roand-stave  baskets ;  specifications. — That  the  stand- 
ard round-stave  basket  for  fruits  and  vegetables  shall  be  the  one- 
fourth  bushel  basket,  one-half  bushel  basket,  five-eighths  bushel 
basket,  one  bushel  basket,  one  and  one-half  bushel  basket,  and  two- 
bushel  basket,  which,  respectively,  shall  be  of  the  capacity  and 
conform  to  the  specifications  set  forth  in  this  section. 

(a)  The  one-fourth  bushel  round-stave  basket  shall  contain  five 
hundred  thirty-seven  and  six-tenths  cubic  inches,  and  conform  to 
the  following  specifications:  The  inside  diameter  at  the  upper  inner 
edge  of  the  top  inside  hoop  shall  be  ten  and  seven-eighths  inches; 
the  average  inside  depth  shall  be  not  less  than  six  and  three-fourths 
inches;  the  web  shall  consist  of  twenty  intersecting  staves  of  such 
length  that  they  will  conform  the  side  and  bottom  of  a  basket  which 
shall  contain  eight  quarts  standard  dry  measure. 

(b)  The  one-half  bushel  round-stave  basket  shall  contain  one 
thousand  and  seventy-five  and  twenty-one  one-hundredths  cubic 
inches,  and  conform  to  the  following  specifications :  The  inside 
diameter  at  the  upper  inner  edge  of  the  top  inside  hoop  shall  be 
thirteen  and  one-half  inches;  the  average  inside  depth  shall  be  not 
less  than  eight  and  one-half  inches;  the  web  shall  consist  of  twenty 
intersecting  staves,  each  not  less  than  one-eighteenth  of  an  inch 
thick  and  of  such  length  that  they  will  form  the  sides  and  bottom 
of  a  basket  which  shall  contain  sixteen  quarts,  standard  dry  measure. 

(c)  The  five-eighths  bushel  round-stave  basket  shall  contain  one 
thousand  and  three  hundred  and  forty-four  cubic  inches,  and  con- 
form to  the  following  specifications:  The  inside  diameter  at  the 
upper  inner  edge  of  the  top  inside  hoop  shall  be  thirteen  and  one- 
half  inches;  the  average  inside  depth  shall  be  not  less  than  ten  and 


242  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

one-fourth  inches ;  the  web  shall  consist  of  twenty  intersecting  staves, 
each  not  less  than  one-eighteenth  of  an  inch  thick  and  of  such  length 
that  they  will  form  the  sides  and  bottom  of  a  basket  which  shall 
contain  twenty  quarts,  standard  dry  measure. 

(d)  The  one-bushel  round-stave  basket  shall  contain  two  thou- 
sand one  hundred  and  fifty  and  forty-two  one-hundredths  cubic 
inches,  and  conform  to  the  following  specifications:  The  inside 
diameter  at  the  upper  inner  edge  of  the  top  inside  hoop  shall  be 
seventeen  inches;  the  average  inside  depth  shall  be  not  less  than 
ten  and  three-fourths  inches;  the  web  shall  consist  of  twenty  inter- 
secting staves,  each  not  less  than  one-eighteenth  of  an  inch  thick 
and  of  such  length  that  they  will  form  the  sides  and  bottom  of  a 
basket  which  shall  contain  thirty-two  quarts,  standard  dry  measure. 

(e)  The  one  and  one-half  bushel  round-stave  basket  shall  contain 
three  thousand  two  hundred  and  twenty-five  and  sixty-three  one- 
hundredths  cubic  inches  and  conform  to  the  following  specifications : 
The  inside  diameter  at  the  upper  inner  edge  of  the  top  inside  hoop 
shall  be  nineteen  and  three-eighths  inches ;  the  average  inside  depths 
shall  be  not  less  than  twelve  and  three-fourths  inches ;  the  web  shall 
consist  of  twenty-four  intersecting  staves,  each  not  less  than  one- 
sixteenth  of  an  inch  thick  and  of  such  length  that  they  will  form 
the  sides  and  bottom  of  a  basket  which  shall  contain  forty-eight 
quarts,  standard  dry  measure. 

(/)  The  two-bushel  round-stave  basket  shall  contain  four  thou- 
sand three  hundred  and  eighty-four  one-hundredths  cubic  inches 
and  conform  to  the  following  specifications:  The  inside  diameter 
at  the  upper  inner  edge  of  the  top  inside  hoop  shall  be  twenty-one 
inches;  the  average  inside  depth  shall  be  not  less  than  fourteen 
inches ;  the  web  shall  consist  of  twenty-four  intersecting  staves,  each 
not  less  than  one-sixteenth  of  an  inch  thick  and  of  such  length  that 
they  will  form  the  sides  and  bottom  of  a  basket  which  shall  contain 
sixty-four  quarts,  standard  dry  measure. 

Sec.  3.  Standard  splint  baskets ;  specifications. — That  the  standard 
splint  basket  for  fruits  and  vegetables  shall  be  the  four-quart  basket, 
eight-quart  basket,  twelve-quart  basket,  sixteen-quart  basket,  and 
twenty-four  quart  basket,  standard  dry  measure. 

(a)  The  four-quart  splint  basket  shall  contain  two  hundred  and 
sixty-eight  and  eight-tenths  cubic  inches  and  conform  to  the  speci- 
fications in  one  of  the  two  following  numbered  subdivisions: 

(1)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  seven  inches  by  twelve  inches.  The  approximate 
inside  dimensions  of  the  bottom  at  the  corners  shall  be  five  and  three- 
fourths  inches  by  ten  and  one-half  inches.  The  inside  depth  at  the 
corners  shall  be  four  inches. 

(2)  The  inside  dimensions  of  the  square  cornered  splint  basket 
at  the  top  shall  be  six  inches  by  twelve  inches.  The  inside  dimen- 
sions of  the  bottom  shall  be  five  and  one-half  inches  by  eleven  and 
one-half  inches.    The  inside  depth  at  the  corners  shall  be  four  inches. 

(b)  The  eight-quart  splint  basket  shall  contain  five  hundred  and 
thirty-seven  and  six-tenths  cubic  inches  and  conform  to  the  speci- 
fications in  one  of  the  three  following  numbered  subdivisions : 

(1)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  eight  inches  by  fourteen  inches.     The  approximate 


INDIANA  243 

inside  dimensions  of  the  bottom  at  the  corners  shall  be  seven  inches 
by  twelve  inches.    The  inside  depth  at  the  corners  shall  be  five  inches. 

(2)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  nine  and  one-half  inches  by  sixteen  and  one  half 
inches.  The  approximate  inside  dimensions  of  the  bottom  at  the 
corners  shall  be  seven  and  one-half  inches  by  fourteen  and  one-half 
inches.    The  inside  depth  at  the  corners  shall  be  four  inches. 

(3)  The  inside  dimensions  of  the  square-cornered  splint  basket  at 
the  top  shall  be  seven  and  three-eighths  inches  by  fifteen  and  one- 
half  inches.  The  inside  dimensions  of  the  bottom  shall  be  seven 
inches  by  fourteen  and  one-half  inches.  The  inside  depth  at  the 
corners  shall  be  five  inches. 

(<?)  The  twelve-quart  splint  basket  shall  contain  eight  hundred 
and  six  and  four-tenths  cubic  inches  and  conform  to  the  specifica- 
tions in  one  of  the  three  following  numbered  subdivisions : 

(1)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  nine  and  one-half  inches  by  sixteen  inches.  The  ap- 
proximate inside  dimensions  of  the  bottom  at  the  sorners  shall  be 
eight  and  one-half  inches  by  fourteen  inches.  The  inside  depth  at 
the  corners  shall  be  five  and  one-half  inches. 

(2)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  eleven  and  one-half  inches  by  seventeen  and  one-half 
inches.  The  approximate  inside  dimensions  of  the  bottom  at  the  cor- 
ners shall  be  eight  and  one-half  inches  by  fourteen  and  one-half 
inches.  The  inside  depth  of  the  basket  at  the  corners  shall  be  five 
inches. 

(3)  The  inside  dimensions  of  the  square-cornered  splint  basket  at 
the  top  shall  be  eight  and  five-eighths  inches  by  seventeen  and  one- 
half  inches.  The  inside  dimensions  of  the  bottom  shall  be  eight 
inches  by  sixteen  and  three-eighths  inches.  The  inside  depth  at  the 
corners  shall  be  five  and  three-fourths  inches. 

(d)  The  sixteen-quart  splint  basket  shall  contain  one  thousand 
and  seventy-five  and  twenty-one  one-hundredths  cubic  inches,  and 
conform  to  the  specifications  in  one  of  the  three  following  numbered 
subdivisions : 

(1)  The  approximate  inside  dimensions  of  the  top  across  the  cen- 
ter shall  be  fen  and  one-half  inches  by  eighteen  and  one-half  inches. 
The  approximate  inside  dimensions  of  the  bottom  at  the  corners  shall 
be  eight  and  one-half  inches  by  sixteen  inches.  The  inside  depth  at 
the  corners  shall  be  six  and  one-half  inches. 

(2)  The  approximate  inside  dimensions  of  the  top  across  the 
center  shall  be  eleven  and  one-half  inches  by  nineteen  and  one-half 
inches.  The  approximate  inside  dimensions  of  the  bottom  at  the  cor- 
ners shall  be  eight  and  one-half  inches  by  sixteen  and  one-half  inches. 
The  inside  depth  at  the  corners  shall  be  six  inches 

(3)  The  inside  dimensions  of  the  square-cornered  splint  basket  at 
the  top  shall  be  nine  inches  by  nineteen  inches.  The  inside  dimen- 
sions of  the  bottom  shall  be  eight  and  one-half  by  eighteen  inches. 
The  inside  depth  at  the  corners  shall  be  six  and  five-eighths  inches. 

(e)  The  twenty-four  quart  splint  basket  shall  contain  one  thou- 
sand six  hundred  and  twelve  and  eighth-tenths  cubic  inches,  and 
conform  to  the  specifications  in  one  of  the  three  following  numbered 
subdivisions : 


244  LAWS   CONCEENING   WEIGHTS   AND   MEASUEES 

(1)  The  approximate  inside  dimensions  of  the  top  across  the  cen- 
ter shall  be  twelve  inches  by  twenty  inches.  The  approximate  inside 
dimensions  of  the  bottom  at  the  corners  shall  be  ten  inches  by  sev- 
enteen and  one-half  inches.  The  inside  depth  of  the  basket  at  the 
corners  shall  be  seven  and  on-half  inches. 

(2)  The  approximate  inside  dimensions  of  the  top  across  the  cen- 
ter shall  be  twelve  inches  by  twenty-three  inches.  The  approximate 
inside  dimensions  of  the  bottom  at  the  corners  shall  be  nine  inches 
by  nineteen  inches.  The  inside  depth  of  the  basket  at  the  corners 
shall  be  seven  inches. 

(3)  The  inside  dimensions  of  the  square-cornered  splint  basket 
at  the  top  shall  be  ten  and  five-eights  inches  by  twenty-two  and 
one-fourth  inches.  The  inside  dimensions  of  the  bottom  shall  be 
nine  and  five-eighths  inches  by  twenty  and  one-half  inches.  The 
inside  depth  of  the  basket  at  the  corners  shall  be  seven  and  one-half 
inches. 

Sec.  4.  Standard  Climax  baskets ;  specifications. — That  standards  for 
Climax  baskets  for  grapes  and  other  fruits  and  vegetables  shall 
be  the  two-quart  basket,  four-quart  basket  and  twelve-quart  basket 
respectively : 

(a)  The  standard  two-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions :  Length  of  bottom  piece,  nine  and  one-half 
inches;  width  of  bottom  piece,  three  and  one-half  inches;  thick- 
ness of  bottom  piece,  three-eighths  of  an  inch;  height  of  basket, 
three  and  seven-eighths  inches,  outside  measurement;  top  of  basket, 
length  eleven  inches  and  width  five  inches  outside  measurement. 
Basket  to  have  a  cover  of  five  by  eleven  inches,  when  a  cover  is 
used. 

(&)  The  standard  four-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions :  Length  of  bottom  piece,  twelve  inches ;  width 
of  bottom  piece,  four  and  one-half  inches;  thickness  of  bottom 
piece,  three-eighths  of  an  inch;  height  of  basket,  four  and  eleven- 
sixteenths  inches  outside  measurement;  top  of  basket,  length  four- 
teen inches,  width  six  and  one-fourth  inches,  outside  measurement. 
Basket  to  have  cover  six  and  one-fourth  inches  by  fourteen  inches, 
when  cover  is  used. 

(c)  The  standard  twelve-quart  Climax  basket  shall  be  of  the 
following  dimensions:  Lentgh  of  bottom  piece,  sixteen  inches; 
width  of  bottom  piece,  six  and  one-half  inches ;  thickness  of  bottom 
piece,  seven-sixteenths  of  an  inch;  height  of  basket,  seven  and  one- 
sixteenth  inches,  outside  measurement;  top  of  basket,  length  nine- 
teen inches,  width  nine  inches,  outside  measurement.  Basket  to 
have  cover  nine  inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  5.  Standard  containers  for  small  fruits ;  capacities. — That  stand- 
ard basket  or  other  container  for  berries  and  other  small  fruits 
and  vegetables  shall  be  of  the  following  capacities;  namely,  dry 
one-half  pint,  dry  pint,  dry  quart,  or  multiples  of  the  dry  quart. 

(a)  The  dry  half-pint  shall  contain  sixteen  and  eight-tenths 
cubic  inches. 

(&)  The  dry  pint  shall  contain  thirty- three  and  six-tenths  cubic 
inches. 

(c)  The  dry  quart  shall  contain  sixty-seven  and  two-tenths  cubic 
inches. 


INDIANA  245 

Provided,  That  the  provisions  of  this  section  shall  not  be  con- 
strued to  permit  the  manufacture,  sale  or  use  of  hampers,  round- 
stave  baskets,  Climax  baskets  or  splint  baskets  in  any  other  mul- 
tiples of  a  quart  than  those  enumerated  in  sections  1,  2,  3,  and  4 
hereof. 

Sec.  6.  Food  and  drug  commissioner  to  prescribe  tolerances. — That  the 
State  food  and  drug  commissioner  shall  in  his  regulations  under  this 
act  prescribe  such  tolerances  as  he  may  find  necessary  to  allow  in  the 
capacities  and  specifications  for  hampers,  round-stave  baskets, 
splint  baskets,  Climax  baskets  and  baskets  or  other  containers  for 
berries  and  other  small  fruits  and  vegetables,  and  parts  thereof,  set 
forth  in  sections  1,  2,  3,  4  and  5  of  this  act,  in  order  to  provide  for 
reasonable  variations  occurring  in  the  course  of  manufacture  and 
handling,  and  shall  also  prescribe  such  tolerances  as  he  may  find 
necessary  to  allow  for  the  purposes  of  section  8  of  this  act  in  the 
quantities  of  fruits  or  vegetables  in  hampers,  round-stave  baskets, 
splint  baskets,  Climax  baskets  and  baskets  and  other  containers  for 
berries  and  other  small  fruits  and  vegetables,  in  order  to  provide  for 
the  natural  shrinkage  of  such  contents  after  packing.  If  a  cover 
be  used  upon  any  hamper  or  basket  or  other  containers  mentioned 
in  this  act,  it  shall  be  securely  fastened  or  attached  in  such  a  manner, 
subject  to  the  regulations  of  the  State  food  and  drug  commissioner,  as 
not  to  reduce  the  capacity  of  such  hamper,  basket  or  other  con- 
tainer below  that  prescribed  therefor.  The  provisions  in  sections  1, 
2,  3,  4  and  5  of  this  act,  covering  specifications  and  dimensions,  shall 
apply  only  to  hampers  and  baskets  made  of  wood  or  of  which  wood 
is  the  principal  material;  but  hampers  and  baskets  which  are  not 
made  of  wood  or  of  which  wood  is  not  the  principal  material,  shall 
not  depart  from  the  respective  capacities  therein  prescribed. 

All  regulations  and  tolerances  established  by  the  State  food  and 
drug  commissioner  shall  be  in  conformity  with  those  from  time  to 
time  promulgated  by  the  United  States  Department  of  Agriculture. 

Sec.  7.  Authority  to  change  specifications. — That  in  order  to  provide 
for  the  more  economical  use  of  space  in  packing  or  transportation, 
or  for  the  greater  conservation  of  material  or  labor  in  manufacture 
or  handling  or  of  the  contents  in  course  of  shipment,  of  hampers, 
round-stave  baskets,  splint  baskets  and  Climax  baskets  for  fruits  or 
vegetables,  or  parts  thereof,  the  State  food  and  drug  commissioner 
whenever  he  finds  it  necessary,  may,  in  his  regulations,  prescribe 
specifications  with  respect  to  the  material  used,  or  the  dimensions 
thereof,  for  such  hampers,  round-stave  baskets,  splint  baskets,  Cli- 
max baskets  or  baskets  or  other  containers  for  berries  or  other  small 
fruits  and  vegetables  or  parts  thereof  in  addition  to,  differing  from, 
or  superseding  those  set  forth  in  sections  1,  2,  3,  4  and  5  of  this  act, 
but  not  departing  from  the  respective  capacities  therein  prescribed. 
Such  specifications  shall  not  supersede  any  specifications  set  forth 
in  this  act  until  a  period  of  at  least  six  months  shall  have  elapsed 
after  public  notice  shall  have  been  given  following  an  opportunity 
afforded  the  interested  public  for  a  hearing. 

Sec.  8.  Manufacture  and  use  of  containers  contrary  to  this  act;  pen- 
alty.— That  it  shall  be  unlawful  to  manufacture  for  sale  or  shipment, 
sell,  offer  for  sale,  ship,  offer  for  shipment  in  the  State  of  Indiana, 
hampers,  round -stave  baskets,   Climax  baskets,  splint  baskets  for 


246  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

fruits  or  vegetables,  or  baskets  or  other  containers  for  berries  or 
other  small  fruits  and  vegetables,  either  filled  or  unfilled,  or  parts 
of  such  hampers,  round-stave  baskets,  splint  baskets,  Climax  bas- 
kets or  baskets  or  other  containers  for  berries  or  other  small  fruits  and 
vegetables  that  do  not  comply  with  this  act,  and  it  shall  be  unlaw- 
ful to  sell,  offer  for  sale,  ship  or  offer  for  shipment  fruits  or  vegetables, 
not  sold  or  offered  for  sale  by  standard  net  weight  or  by  numerical 
count,  in  hampers,  round-stave  baskets,  splint  baskets,  Climax  bas- 
kets or  baskets  or  other  containers  for  berries  or  other  small  fruits 
and  vegetables  that  at  the  time  of  such  sale  or  offer  for  sale,  shipment 
or  offer  for  shipment  are  not  filled  to  the  full  capacity  thereof, 
stricken  measure,  subject  to  such  tolerances  as  may  be  prescribed  -in 
the  regulations  under  this  act.  Any  individual,  partnership,  asso- 
ciation, or  corporation  that  willfully  violates  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars  ($100)  or 
imprisonment  not  exceeding  sixty  days,  or  both :  Provided,  That  no 
person  shall  be  prosecuted  under  the  provisions  of  this  act  when  he 
can  establish  a  guaranty  signed  by  the  manufacturer,  wholesaler, 
shipper,  or  other  party  residing  within  this  State  from  whom 
hampers,  round-stave  baskets,  Climax  baskets,  splint  baskets  or  other 
baskets  or  containers,  as  defined  in  this  act,  were  purchased  to  the 
effect  that  said  hampers,  round-stave  baskets,  Climax  baskets,  splint 
baskets  or  other  baskets  or  containers  are  correct  within  the  mean- 
ing of  this  act.  Said  guaranty,  to  afford  protection,  shall  contain 
the  name  and  address  of  the  party  or  parties  making  the  sale  of 
hampers,  round-stave  baskets,  Climax  baskets,  splint  baskets  or  other 
baskets  or  containers  to  such  person,  and  in  such  case  such  party  or 
parties  making  such  sale  shall  be  amenable  to  prosecution,  fines, 
and  other  penalties  which  would  attach  in  due  course  to  any  person 
under  the  provisions  of  this  act. 

See.  9.  Containers  not  complying  with  this  act  may  be  confiscated. — 
That  any  hamper,  round-stave  basket,  Climax  basket  or  splint  basket 
for  fruits  or  vegetables,  or  other  basket  or  container  for  berries  or 
other  small  fruits  and  vegetables,  whether  filled  or  unfilled,  or  parts 
of  such  hampers,  round-stave  baskets,  Climax  baskets,  splint  baskets, 
or  other  basket  or  container  for  berries  or  other  small  fruits  and 
vegetables,  not  complying  with  this  act,  which  shall  be  manufac- 
tured for  sale  or  shipment,  offered  for  sale,  sold  or  shipped,  may 
be  proceeded  against  in  any  court  of  competent  jurisdiction  of  this 
State  and  within  the  county  where  the  same  shall  be  found  and  may 
be  seized  for  confiscation  by  a  process  of  libel  for  condemnation. 
Upon  request,  the  person  entitled  shall  be  permitted  to  retain  or 
take  possession  of  the  contents  of  such  hampers,  baskets  or  con- 
tainers, but,  in  the  absence  of  such  request  or  when  the  perishable 
nature  of  such  contents  makes  such  action  immediately  necessary, 
the  same  shall  be  disposed  of  by  destruction  or  sale  as  the  court 
or  a  judge  thereof  may  direct.  If  such  hampers,  round-stave  baskets, 
splint  baskets,  Climax  baskets  or  other  basket  or  container  for  berries 
or  other  small  fruits  and  vegetables,  or  parts  thereof  be  found  in 
such  proceeding  to  be  contrary  to  this  act,  the  same  shall  be  dis- 
posed of  by  destruction,  except  that  the  court  may  by  order  direct 
that  such  hampers,  baskets  or  containers,  or  parts  to  be  returned 


INDIANA  247 

to  the  owner  thereof,  or  sold,  upon  the  payment  of  the  costs  of  such 
proceeding  and  the  execution  and  delivery  of  a  good  and  sufficient 
bond  to  the  effect  that  such  hampers,  baskets,  or  containers,  or  parts 
thereof  shall  not  be  sold  or  otherwise  disposed  or  used  contrary  to 
law.  The  proceeds  of  any  sale  under  this  section,  less  legal  costs 
and  charges,  shall  be  paid  over  to  the  person  entitled  thereto. 

Sec.  10.  Shipment  to  other  States. — That  this  act  shall  not  prohibit 
the  manufacture  for  sale  or  shipment,  offer  for  sale,  sale  or  ship- 
ment of  hampers,  round-stave  baskets,  splint  baskets,  Climax  baskets, 
or  baskets  or  containers  for  berries  or  other  small  fruits  and  vege- 
tables, or  parts  thereof  to  any  other  State  or  foreign  country  in  ac- 
cordance with  the  specifications  of  a  consignee  or  customer  not  con- 
trary to  the  law  of  such  State  or  foreign  country ;  nor  shall  this  act 
prevent  the  manufacture  or  use  of  banana  hampers  of  the  shape 
and  character  now  in  commercial  use  as  shipping  containers  for 
bananas. 

Sec.  11.  Duty  of  prosecuting  attorney. — That  it  shall  be  the  duty  of 
each  prosecuting  attorney  to  whom  satisfactory  evidence  of  any 
violation  of  this  act  is  presented  to  cause  appropriate  proceedings  to 
be  commenced  and  prosecuted  in  the  proper  courts  of  the  State  of 
Indiana  in  his  circuit  for  the  enforcement  of  the  provisions  of  this 
act. 

Sec.  12.  Duty  of  food  and  drug  commissioner. — That  it  shall  be  the  duty 
of  the  State  food  and  drug  commissioner  to  enforce  all  the  pro- 
visions of  this  act  and  he  shall  prescribe  such  regulations  as  he  may 
find  necessary  for  carrying  into  effect  the  provisions  of  this  act,  and 
shall  cause  such  examinations  and  tests  to  be  made  as  may  be  neces- 
sary in  order  to  determine  whether  hampers,  round-stave  baskets, 
and  splint  baskets,  Climax  baskets  and  baskets  or  containers  for 
berries  or  other  small  fruits  and  vegetables,  or  parts  thereof,  subject 
to  this  act,  meet  its  requirements.  For  said  purpose  the  authorized 
officers  and  agents  of  the  food  and  drug  department  may  visit  fac- 
tories, stock  rooms,  and  other  places  of  business  where  such  hampers, 
baskets,  and  containers,  or  parts  thereof,  are  manufactured  or  held 
for  sale  or  shipment  or  offered  for  sale  and  may  enter  cars,  vessels, 
other  vehicles,  and  places  under  the  control  of  carriers  engaged  in 
the  transportation  of  such  hampers,  baskets,  and  containers,  or  parts 
thereof,  and  may  take  samples  of  such  hampers,  baskets  and  boxes 
or  parts  thereof  or  upon  written  request  from  the  State  food  and 
drug  commissioner  or  his  authorized  agents  any  manufacturers,  ship- 
pers, carriers  or  holders  of  such  hampers,  baskets  and  containers  or 
parts  thereof  shall  furnish  samples  of  such  hampers,  baskets  and 
containers  or  parts  thereof  as  are  required  for  the  purpose  of  inspec- 
tion, as  in  this  act  provided. 

Sec.  13.  Cooperation  with  local  authorities. — That  for  carrying  out  the 
purpose  of  this  act  the  food  and  drug  commissioner  is  authorized  to 
cooperate  with  State,  county,  and  municipal  authorities,  manufac- 
turers, dealers  and  shippers. 

Sec.  14.  Application  to  containers  made  of  wood. — That  the  provi- 
sions of  this  act  establishing  dimensions  and  specifications  for  the 
several  baskets,  hampers  and  containers  named  shall  apply  only  to 
baskets,  hampers,  and  containers  made  of  wood  for  fruits  and  vege- 
tables, but  the  standard  sizes  established  and  the  cubical  contents 


248  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

thereof  shall  apply  to  all  baskets,  hampers  and  other  containers  for 
fruits  and.  vegetables  of  whatever  material  made. 

Sec.  15.  Construction  of  act. — That  nothing  in  this  act  shall  be  con- 
strued to  permit  of  sales  by  standard  hampers,  baskets  or  containers 
without  regard  to  weight  or  numerical  count  now  required  by  law  to 
be  sold  by  weight  or  numerical  count. 

Burns'  Ann.  Stat.,  1914,  Vol.  1,  ch.  5,  p.  1115. 

Sec.  2590d  (1913).  Advertisements;  false  statements;  penalty. — That 
if  anjr  person,  firm,  association  or  corporation  or  any  employee 
thereof,  in  a  newspaper,  circular,  form  letter  or  other  publication 
published,  distributed  or  circulated  in  this  State  or  on  any  billboard, 
sign,  card,  label  or  other  advertising  medium  displayed  on,  in  or  near 
a  street,  electric  car,  show  case,  store  or  other  place  in  this  State, 
knowingly  makes  or  disseminates  or  causes  to  be  made  or  dissemi- 
nated any  statement,  or  assertion  of  facts  concerning  the  quantity, 
the  quality,  *  *  *  or  concerning  the  manner  or  source  of  pur- 
chase of  such  merchandise,  or  the  possession  of  rewards,  prizes  or 
distinctions  conferred  on  account  of  such  merchandise,  which  state- 
ment or  assertion  has  the  appearance  of  an  offer  advantageous  to 
the  purchaser  and  is  untrue  or  calculated  to  mislead,  the  person  or 
corporation,  or  the  member  or  members  of  a  firm  or  association, 
causing  such  statement  or  assertion  to  be  made  or  disseminated,  also 
the  employee  making  or  disseminating  such  statement  or  assertion, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a  fine  of  not 
less  than  ten  (10)  nor  more  than  five  hundred  dollars  ($500)  for  each 
offense. 

Sec.  2806  (1905).  Short  weight. — Whoever  knowingly  sells  or  directs 
or  permits  any  person  in  his  employ  to  sell  any  property,  and  makes 
or  gives  any  false  or  short  weight  or  measure  of  such  property,  and 
any  person  owning,  or  having  charge  of  scales,  measures  or  steel- 
yards, for  the  purpose  of  weighing  or  measuring  any  property,  who 
knowingly  reports  any  false  or  untrue  weight  or  measure,  whereby 
any  person  may  be  defrauded  or  injured,  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  2607.  Selling  coal  by  false  weight. — Whoever  knowingly  sells 
and  delivers  any  coal  except  at  the  weight  and  measure  prescribed  by 
law,  shall,  on  conviction,  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

Sec.  2608.  Gas  meters. — Whoever  knowingly  constructs,  or  uses  or 
furnishes  to  gas  consumers  to  be  used,  any  false  meter  provided 
for  measuring  and  registering  the  quantity  of  gas  consumed  by  any 
person  under  a  contract  with  any  gas  company,  shall,  on  conviction, 
be  fined  not  lees  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Burns'  Ann.  Stats.,  Suppl.  1921,  ch.  5,  Art.  11,  p.  258. 

Sec.  2609  (al917).  Weights  and  measures,  standard. — The  avoirdu- 
pois weight  of  beef  or  pork  in  each  barrel  shall  be  two  hundred 
pounds;  and  of  flour  in  each  barrel,  one  hundred  and  ninety-six 
pounds;  of  sorghum  molasses,  eleven  pounds  per  gallon;  of  maple 
molasses,  eleven  pound  per  gallon;  of  hay,  straw,  ice,  coal  or  coke, 
two  thousand  pounds  shall  be  given  and  taken  for  a  ton.4     *     *     * 

*  So  much  of  this  section  as  relates  to  the  sale  of  commodities  by  the  bushel  is  super- 
seded by  Laws,  1925,  ch.  86,  p.  247. 


INDIANA  .  249 

Any  person,  firm  or  corporation  who  buys  or  sells  any  of  the  articles 
or  commodities  enumerated  in  this  section,  at  a  measure  or  fraction 
thereof  differing  in  the  Aveight  from  the  standard  herein  prescribed 
shall  be  guilty  of  a  misdemeanor  and  shall,  on  conviction,  for  the 
first  offense,  be  punished  by  fine  of  not  less  than  ten  dollars  nor 
more  than  thirty  dollars;  for  the  second  offense,  by  a  fine  of  not 
less  than  $25.00  nor  more  than  $100.00,  and  for  the  third  and  sub- 
sequent offense,  by  a  fine  of  $100.00  and  imprisonment  in  the  country 
jail  for  not  less  than  thirty  days  nor  more  than  ninety  days. 

Burns'  Ann.  Stats.,  1914,  Vol.  1,  ch.  5,  p.  1115. 

Sec.  2610  (1905).  Wheat;  inspection;  weight;  grade. — It  shall  be 
unlawful  for  any  person,  commission  merchant,  miller,  dealer,  grain 
inspector,  corporation,  company,  firm  or  association,  either  by  him- 
self, itself,  officer,  agent  or  employe,  when  purchasing  wheat  or  re- 
ceiving it  in  barter  or  exchange  for  flour  or  otherwise,  from  the 
owner,  his  agent  or  employe,  to  use  for  the  purpose  of  testing  or 
determining  the  weight,  grade,  milling  or  market  value  of  wheat, 
any  measure  other  than  the  standard  half-bushel  measure  furnished 
this  State  by  the  United  States;  and  the  use  of  any  fractional  part 
of  said  standard  half -bushel  measure  for  such  purpose  will  be  a  vio- 
lation of  this  section.  It  shall  likewise  be  unlawful  to  use  anything 
other  than  a  straight  stick  with  the  edges  square  for  leveling  the 
wheat  in  said  half-bushel  measure,  for  the  purpose  of  testing  the 
Aveight,  grade,  milling  or  market  value  of  wheat:  Provided,  That 
the  provisions  of  this  section  shall  not  apply  to  wheat  or  grain  that 
is  inspected  or  graded  by  the  car  load  under  the  regulations  of  any 
board  of  trade.  Any  person  violating  any  of  the  provisions  of  this 
section,  shall,  on  conviction,  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  to  which  may  be  added  imprisonment 
in  the  county  jail  not  exceeding  six  months. 

Burns'  Ann.  Stats.,  Suppl.,  1921,  ch.  5,  Art.  11,  p.  258. 

Sec.  2813a  (1915).  Bags,  paper;  sale;  fraudulent  weight. — That  any 
person,  firm,  co-partnership  or  corporation  engaged  in  the  packing  or 
shipping  of  rags  and  paper  stock  for  use  in  felt  making  and  paper 
mills,  in  bales,  bundles,  boxes  or  other  containers,  in  this  State,  who 
shall  knowingly  and  wilfully  pack  or  ship,  or  who,  in  the  conduct  of 
such  business  shall  knowingly  and  wilfully  cause  to  be  packed  or 
shipped  with  the  rags  in  such  bales,  bundles,  boxes  or  other  contain- 
ers any  dead  animals,  stone,  wood,  metal,  minerals,  bone,  glass, 
leather,  rubber  or  manufactured  articles  in  which  are  used  and  at- 
tached any  of  the  foregoing  substances,  water  or  earth,  shall  be 
guilty  of  a  misdemeanor. 

Sec.  2613b.  Penalty. — Any  person,  firm,  co-partnership  or  corpora- 
tion guilty  of  violating  any  of  the  provisions  of  this  act  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  ($10.00)  for  each 
offense,  or  by  imprisonment  in  the  county  jail  for  not  more  than  two 
(2)  months,  or  by  both  such  fine  and  imprisonment. 

Burns'  Ann.  Stat.,  1914,  Vol.  1,  ch.  5,  p.  1115. 

Sec.  2632  (al905).  Short-weight  packages. — Whoever  packs,  brands, 
or  sells,  or  causes  to  be  packed,  branded  or  sold,  any  salt,  beef,  pork, 
flour,  tobacco  or  hay,  in  barrels  or  packages,  as   full  barrels  or 


250  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

packages,  when  such  barrels  or  packages  do  not  contain  the  weight 
which  by  law  they  are  required  to  contain,  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  2633.  Altering  inspector's  marks ;  penalty. — Whoever  alters  or 
erases  any  brand  or  mark  of  any  inspector,  appointed  by  proper 
authority,  placed  on  any  barrel  of  salt,  flour,  beef,  pork,  or  hogs- 
head of  tobacco,  or  other  article  authorized  by  law  to  be  inspected 
and  branded,  shall,  on  conviction,  be  fined  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars. 

Sec.  2713  (1901).  Meters  open  for  inspection. — That  every  person, 
company  or  corporation  now  engaged  or  hereafter  engaging  in  the 
business  of  furnishing  natural  or  artificial  gas  for  heating,  illumi- 
nating or  other  purposes,  to  be  used  and  paid  for  by  patrons  by 
meter  measure,  shall  furnish  to  each  and  every  patron  a  meter 
properly  tested  and  in  good  order,  and  shall  arrange  such  meters 
so  that  the  patron  can,  at  any  time,  see  the  meter  dial  and  ascertain 
how  much  gas  he  is  consuming,  and  how  much  he  is  liable  to  pay  for. 

Burns'  Ann.  Stats.,  1914,  Vol.  4,  ch.  124A,  p.  875. 

Sec.  10052kl  (1913).  Accuracy  of  meters;  rules. — The  commission 
|  public  service  commission]  shall  establish  reasonable  rules,  regula- 
tions, specifications  and  standards  to  secure  the  accuracy  of  all 
meters  and  appliances  for  measurements,  and  every  public  utility 
is  required  to  carry  into  effect  all  orders  issued  by  the  commission 
relative  thereto.  Nothing  contained  in  this  section  shall  limit  in 
any  manner  any  powers  or  authority  vested  in  municipal  corpora- 
tions as  provided  in  section  110  [section  10052g4]. 

Sec.  10052  11.  Testing  of  appliances. — The  commission  shall  provide 
for  the  examination  and  testing  of  any  and  all  appliances  used  for 
the  measuring  of  any  product  or  service  of  a  public  utility.  Any 
consumer  or  user  may  have  any  such  appliance  tested  upon  pay- 
ment of  the  fees  fixed  by  the  commission.  The  commission  shall 
declare  and  establish  reasonable  fees  to  be  paid  for  testing  such 
appliances  on  the  request  of  the  consumers  or  users,  the  fee  to  be 
paid  by  the  consumer  or  user  at  the  time  of  his  request,  but  to  be 
paid  by  the  public  utility  and  repaid  to  the  consumer  or  user  if 
the  appliance  or  rate  be  found  unreasonably  defective  or  incorrect, 
to  the  disadvantage  of  the  consumer  or  user. 

Burns'  Ann.  Stats..  1914,  Vol.  2,  ch.  22,  p.  486. 

Sec.  3920a  (1913).  Freight  weights,  determination  of  in  case  of 
dispute. — That  in  all  cases  wherein  there  is  a  dispute  or  failure  of 
agreement  between  any  common  carrier  and  any  consignor,  con- 
signee, or  the  assigns  of  either,  concerning  the  actual  weight  of 
any  shipment  over  the  line  of  such  carrier,  or  over  the  line  of 
such  carrier  and  any  other  carrier  or  carriers,  or  concerning  the 
means  o  [or]  method  used  or  to  be  used  to  determine  such  actual 
weight,  the  same  may  be  referred  by  any  party  to  the  Eailroad 
Commission  of  Indiana,  for  settlement,  and  disposed  of  under  the 
ordinary  rules  governing  notice  and  procedure  by  the  commission 
as  in  other  cases,  and  the  determination  by  the  commission  shall 
be  prima  facie  evidence  of  such  actual  weight  in  all  courts  and 
proceedings  in  Indiana. 


INDIANA  251 

Burns'  Ann.  Stats.,  Snppl.,  1921,  ch.  22,  p.  419. 

Sec.  3920i  (1915).  Watermelons,  shipment  and  sale. — That  it  shall  be 
the  duty  of  every  person,  or  persons,  firm  or  corporation  loading 
watermelons  into  cars  for  transportation,  before  loading  such  water- 
melons to  count  and  weigh  the  same,  and  upon  such  loading  being 
completed  to  make  out  and  sign  two  statements  of  the  weight  of 
such  watermelons  and  the  number  thereof  contained  in  said  car. 
One  copy  of  such  statement  shall  be  securely  attached  to  said  car 
and  the  other  copy  thereof  shall  be  attached  to  the  bill  of  lading 
for  said  car,  and  delivered  to  the  consignee  or  purchaser  thereof 
at  his  request. 

Sec.  3920j.  Statement  of  count  and  weight, — It  shall  be  unlawful 
for  any  person,  persons,  firm  or  corporation  to  ship,  sell  or  offer 
for  sale  any  carload  of  watermelons  without  the  statements  set  out 
in  the  last  section  having  been  made  out,  and  one  copy  thereof 
being  delivered  to  the  purchaser  or  consignee  of  such  watermelons, 
if  he  shall  request  it. 

Sec.  3920k.  Penalty. — Any  person,  persons,  firm  or  corporation  who 
shall  fail  to  comply  with  any  provisions  of  this  act,  or  who  shall 
make  out  any  false  statement  in  reference  to  the  contents  of  said 
car  or  the  weight  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  to  which  may  be  added  imprison- 
ment in  the  county  jail  for  not  less  than  thirty  (30)  days  nor  more 
than  ninety  (90)  days. 

Burns'  Ann.  Stats.,  1914,  Vol.  3,  ch.  81,  p.  764. 

Sec.  7642  (1907).  Net  weight  to  be  marked  on  packages  containing 
food. — That  the  term  "  misbranded,"  as  used  herein,  shall  apply  to 
all  drugs,  or  articles  of  food,  or  articles  which  enter  into  the  com- 
position of  food  and  drugs,  the  package  or  label  of  which  shall  bear 
any  statement,  design  or  device  regarding  such  article,  or  the  ingre- 
dients or  substances  contained  therein  which  shall  be  false  or  mis- 
leading in  any  particular,  and  to  any  food  or  drug  product  which  is 
falsely  branded  as  to  the  State,  Territory  or  country  in  which  it  is 
manufactured  or  produced.  For  the  purposes  of  this  act  an  article 
shall  also  be  deemed  to  be  misbranded : 

******* 

In  the  case  of  food.     *     *     * 

3.  If  in  the  package  form,  and  Jhe  contents  are  stated  in  the  terms 
of  weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package. 

Burns'  Ann.  Stats.,  1914,  Vol.  3,  ch.  88,  p.  948. 

Sec.  7913  (1853).  Brands  on  salt  barrels. — An  inspector  of  salt  shall 
brand  on  one  end  of  the  barrel  the  quality,  whether  first,  second 
or  third  rate,  also  the  weight,  specifying  gross,  tare  and  net. 

Sec.  7914.  Weight  of  flour;  brand  of  qualities. — The  weight  of  flour 
in  each  barrel  shall  be  one  hundred  and  ninety-six  pounds.  It  shall 
be  examined  with  a  three-quarter-inch  barrel  auger,  and  shall  be 
marked  of  three  qualities,  the  first  to  be  branded  "  Superfine,"  the 
second  "  Fine,"  and  the  third  "  Coarse." 

Sec.  7915.  Beef  and  pork. — The  weight  of  beef  or  pork  in  each 
barrel  shall  be  two  hundred  pounds.    According  to  the  quality  and 


252  LAWS   CONCEKNING   WEIGHTS   AND   MEASUKES 

usages  of  trade,  beef  shall  be  branded  "  Mess  beef  "  and  "  Prime 
beef,"  and  pork  shall  be  branded  "  Mess  pork,"  "  Prime  pork,"  and 
"  Cargo  pork." 

Sec.  7917.  Hay. — The  weight,  in  pounds,  and  the  quality,  deter- 
mined according  to  the  usages  of  trade,  shall  be  branded  on  each 
bale  of  hay. 

Sec.  7918.  County  commissioners  may  purchase  hay-scales. — Such 
boards  may  authorize  inspectors  of  hay  to  procure,  at  the  expense 
of  the  county,  suitable  hay-scales. 

Burns'  Ann.  Stats.,  1914,  Vol.  3,  ch.  63,  p.  465. 

Sec.  6866a  (1913).  Weights  and  samples  of  milk  and  cream;  testing. — 
That  it  shall  be  unlawful  for  any  hauler  of  milk  or  cream  or  other 
person,  or  creamery,  or  other  milk  plant  or  agent,  receiving  milk  or 
cream  by  weight  or  test  or  by  weight  and  test,  to  fraudulently  manip- 
ulate the  weights  of  milk  or  cream  of  any  patron  or  to  take  unfair 
samples  thereof,  or  to  fraudulently  manipulate  such  samples.  The 
hauler  shall  weigh  the  milk  or  cream  of  each  patron  accurately  and 
correctly  to  the  factory.  He  shall  thoroughly  mix  the  milk  or 
cream  of  each  patron  by  pouring  and  stirring  until  such  milk  or 
cream  is  uniform  and  homogenous  in  richness,  before  the  sample  is 
taken  from  such  milk  or  cream.  When  the  weighing  or  sampling  of 
the  milk  or  cream  of  each  patron  is  done  at  the  creamery,  shipping 
station  or  other  factory,  firm,  corporation  or  individual  buying  and 
paying  for  milk  or  cream  on  the  basis  of  the  butter  fat  contained 
therein,  the  same  rule  shall  apply. 

Sec.  6866b.  Glassware  for  testing  milk  and  cream  for  butter  fat. — 
Every  person,  firm,  company,  association,  corporation  or  agent 
thereof  buying  and  paying  for  milk  or  cream  on  the  basis  of  the 
amount  of  butter  fat  contained  therein  as  determined  by  the  Bab- 
cock  test  shall  use  standard  Babcock  test  bottles,  pipettes  and  weights 
and  accurate  scales,  as  defined  in  section  13  of  this  act,  and  all  Bab- 
cock test  bottles,  pipettes  and  weights  shall  have  been  inspected  for 
accuracy  by  the  Purdue  University  agricultural  experiment  station, 
or  its  deputy,  and  shall  be  legibly  and  indelibly  marked  by  the  said 
Purdue  University  agricultural  experiment  station,  or  its  deputy, 
with  the  letters  "  S.  (x.  P."  (Standard  Glassware  Purdue).  No  bot- 
tle, pipette  or  weight  shall  be  used  for  such  test  unless  so  examined, 
and  marked  by  the  said  Purdue  University  agricultural  experiment 
station.  It  shall  be  unlawful  for  any  person,  firm,  companjr,  associa- 
tion, corporation,  or  any  of  their  agents  to  use  any  other  than  stand- 
ard test  bottles,  pipettes  and  weights  which  have  been  examined  and 
marked  as  provided  in  this  section,  to  determine  the  amount  of  fat  in 
milk  or  cream,  bought  and  paid  for  on  the  butter  fat  basis. 

Sec.  6866c.  Unlawful  tests. — It  shall  be  unlawful  for  any  person, 
firm  or  corporation,  by  himself  or  as  the  officer,  servant,  agent  or  em- 
ploye of  any  person,  firm  or  corporation,  buying  and  paying  for  milk 
or  cream  on  the  basis  of  the  amount  of  fat  contained  therein  to  under- 
read,  over-read  or  otherwise  fraudulently  manipulate  the  Babcock 
test  used  for  determining  the  per  cent  of  fat  in  milk  or  cream,  or  to 
falsify  the  record  thereof  or  to  read  the  test  at  any  temperature  ex- 
cept the  correct  temperature  which  is  135  degrees  to  140  degrees 
Fahrenheit,  or  to  pay  on  the  basis  of  any  measurement  or  weight  ex- 
cept the  true  measurement  or  weight  which  is  17.6  cubic  centimeter? 


INDIANA  253 

for  milk  and  nine  (9)  grams  for  cream.  This  section  further  pro- 
vides that  in  all  tests  the  cream  shall  be  weighed  into  the  test  bottles. 
Sec.  6866L  Prosecuting  attorney ;  duties. — It  shall  be  the  duty  oi 
every  prosecuting  attorney  to  whom  the  Purdue  University  agricul- 
tural experiment  station  shall  report  any  violation  of  the  provisions 
of  this  act  to  cause  proceedings  to  be  commenced  against  the  person 
or  persons  so  violating  the  provisions  of  this  act,  and  to  prosecute  the 
same  to  final  termination,  according  to  the  laws  of  the  State  of 
Indiana. 

Sec.  6866J.  Penalties. — Any  employe  of  a  firm,  company,  associa- 
tion, corporation  or  person,  buying  and  paying  for  milk  or  cream  on 
the  basis  of  the  amount  of  butter  fat  it  contains,  violating  any  of  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  twenty-five 
($25.00)  dollars,  nor  more  than  five  hundred  ($500.00)  dollars,  or  be 
imprisoned  in  the  county  jail  for  not  less  than  sixty  (60)  days  nor 
more  than  twelve  (12)  months,  or  both.  Any  firm,  company,  asso- 
ciation, corporation  or  person,  buying  or  paying  for  milk  or  cream 
on  the  basis  of  the  amount  of  butter  fat  contained  therein,  violating 
any  of  the  provisions  of  this  act,  shall  be  guilty  of  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  the  sum  of  one  hundred 
($100.00)  dollars  for  the  first  offense  and  in  the  sum  of  not  less  than 
one  hundred  ($100.00)  dollars,  nor  more  than  one  thousand  ($1,000) 
dollars  for  each  subsequent  offense. 

Sec.  68661.  Standard  Babcock  testing  glassware  denned;  standard  Bab- 
cock  pipette ;  standard  weights — The  term  "  standard  Babcock  testing 
glassware  "  shall  apply  to  glassware  and  weights  complying  with  the 
following  specifications : 

(a)  Standard  Milk  Test  Bottles. — Graduation:  The  total  per 
cent  graduation  shall  be  8.  The  graduated  portion  of  the  neck  shall 
have  a  length  of  not  less  than  63.5  mm  (2i/>  inches).  The  gradua- 
tion shall  represent  whole  per  cent,  five-tenths  per  cent,  and  tenths 
per  cent.  The  tenths  per  cent  graduations  shall  not  be  less  than 
3  mm  in  length;  the  five-tenths  per  cent  graduations  shall  be  1  mm 
longer  than  the  tenths  per  cent  graduations,  projecting  1  mm  to 
the  left;  the  whole  per  cent  graduation  shall  extend  one-half  way 
around  the  neck  to  the  right  and  projecting  2  mm  to  the  left  of  the 
tenths  per  cent  graduations.  Each  per  cent  graduation  shall  be 
numbered,  the  number  being  placed  on  the  left  of  the  scale.  The 
error  at  any  point  of  the  scale  shall  not  exceed  one-tenth  per  cent. 

Neck:  The  neck  shall  be  cylindrical  and  the  cylindrical  shape 
shall  extend  for  at  least  nine  millimeters  below  the  lowest  and  above 
the  highest  graduation  mark.  The  top  of  the  neck  shall  be  flared 
to  a  diameter  of  not  less  than  ten  (10)  millimeters. 

Bulb:  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  45  cubic  centimeters.  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at  the 
bottom.  If  cylindrical,  the  outside  diameter  shall  be  between  34 
and  36  mm;  if  conical,  the  outside  diameter  of  the  base  shall  be 
between  31  and  33  mm,  and  the  maximum  diameter  between  35  and 
37  mm. 

The  charge  of  the  bottle  shall  be  18  grams. 

The  total  height  of  the  bottle  shall  be  between  150  and  165  mm. 
(5%  and  6y2  inches). 


254  LAWS   CONCERNING  WEIGHTS  AND   MEASUBES 

(&)  Standard  Cream  Test  Bottles. — Two  types  of  bottles  shall 
be  accepted  as  standard  cream  test  bottles,  a  50%  9-gram,  short- 
necked  bottle  and  a  50%  9-gram  long-neck  bottle. 

Fifty  Per  Cent  9-Gram  Short-Neck  Bottles. — Graduation :  The 
total  per  cent  graduation  shall  be  50.  The  graduated  portion  of  the 
neck  shall  have  a  length  of  not  less  than  63  mm  (2y2  inches).  The 
graduation  shall  represent  five  per  cent,  one  per  cent,  and  five-tenths 
per  cent.  The  five  per  cent  graduations  shall  extend  at  least  half- 
way around  the  neck  (to  the  right).  The  five-tenths  per  cent 
graduations  shall  be  at  least  3  mm  in  length,  and  the  one  per  cent 
graduations  shall  have  a  length  intermediate  between  the  five  per 
cent  and  the  five-tenths  per  cent  graduations.  Each  per  cent  gradu- 
ation shall  be  numbered,  the  number  being  placed  on  the  left  of  the 
scale.  The  error  at  any  point  of  the  scale  shall  not  exceed  five- 
tenths  per  cent. 

Neck:  The  neck  shall  be  cylindrical  and  the  cylindrical  shape 
shall  extend  at  least  9  mm  below  the  lowest  and  9  mm  above  the 
highest  graduation  mark.  The  top  of  the  neck  shall  be  flared  to  a 
diameter  of  not  less  than  10  mm. 

Bulb :  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  be  not  less  than  45  cubic  centimeter.  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at 
the  bottom.  If  cylindrical,  the  outside  diameter  shall  be  between 
34  and  36  mm;  if  conical,  the  outside  diameter  of  the  base  shall 
be  between  31  and  33  mm  and  the  maximum  diameter  between  35 
and  37  mm. 

The  charge  of  the  bottle  shall  be  9  gram.  All  bottles  shall  bear  on 
top  of  the  neck  above  the  graduations,  in  plainly  legible  characters,  a 
mark  defining  the  weight  of  the  charge  to  be  used  (9  grams). 

The  total  height  of  the  bottle  shall  be  between  150  and  165  mm 
(5%  and  Qx/2  inches),  same  as  standard  test  bottles. 

Fifty  Per  Cent  9-Gram  Long-Neck  Bottles. — The  same  specifica- 
tions in  every  detail  as  specified  for  the  50  per  cent  9-gram  short-neck 
bottle  shall  apply  for  the  long-neck  bottle,  with  the  exception,  how- 
ever, that  the  total  height  of  this  bottle  shall  be  between  210  and 
235  mm  (8%  and  8%  inches). 

Total  length  of  pipette  not  more  than  33  mm  (1314  inches).  Out- 
side diameter  of  suction  tube  6  to  8  mm.  Length  of  suction  tube  130 
mm.  Outside  diameter  of  delivery  tube  4.5  to  5.5  mm.  Length  of 
delivery  tube  100  to  120  mm.  Distance  of  graduation  mark  above 
bulb  30  to  60  mm.  Nozzle  straight.  Delivery  17.6  cc  of  water  at  20 
degrees  O  in  5  to  8  seconds. 

The  standard  weight  shall  be  nine  (9)  grams. 

Burns'  Ann.  Stats.,  1914,  Vol.  3,  eh.  88,  p.  941. 

Sec.  7940  (al909).  Commercial  feeding  stuffs,  net  weight  to  be 
marked.— Any  person,  company,  corporation  or  agent  that  shall  sell 
or  offer,  or  expose  for  sale,  any  concentrated  commercial  feeding 
stuff,  in  this  State,  shall  affix,  or  cause  to  be  affixed,  to  every  package 
or  sample  of  such  concentrated  commercial  feeding  stuff  in  a  con- 
spicuous place  on  the  outside  thereof,  a  tag  or  label  which  shall  be 
accepted  as  a  guarantee  of  the  manufacturer,  importer,  dealer  or 
agent,  and  which  shall  have  plainly  printed  thereon  in  the  English 


INDIANA  255 

language  the  number  of  net  pounds  of  concentrated  commercial 
feeding  stuff  in  the  package,  the  name,  brand  or  trade-mark  under 
which  the  concentrated  commercial  feeding  stuff  is  sold,  the  name 
of  the  manufacturer,  the  location  of  the  principal  office  of  the  manu- 
facturer, *  *  *  (When  concentrated  commercial  feeding  stuff 
is  sold  in  bulk  a  tag,  as  hereinbefore  described,  and  a  State  chemist 
stamp  shall  be  delivered  to  the  consumer  with  each  one  hundred 
pounds,  or  fraction  thereof:  Provided,  That  State  chemist's  stamps 
shall  be  issued  to  cover  twenty-five  (25),  fifty  (50)  and  one  hun- 
dred (100)  pounds. 

Laws,  1923,  ch.  177,  p.  487. 

Sec.  8,  as  amended  by  Laws,  1925,  ch.  171,  p.  412.  Weighmen;  scales; 
inspection. — (A)  The  operator  of  every  mine  at  which  the  miners  are 
paid  by  weight,  shall  provide  suitable  and  accurate  scales  of  stand- 
ard manufacture  for  the  weighing  of  coal  which  may  be  procured 
from  such  mines;  such  operator  shall  be  required  to  keep  United 
States  standard  weights  to  test  said  scales. 

(B)  At  every  mine  where  the  coal  mined  is  paid  for  by  weight 
in  shall  be  the  duty  of  the  weighman  and  the  check-weighman  to 
examine  and  balance  the  scales  each  morning,  and  in  no  case  shall 
any  coal  be  weighed  until  such  scales  are  tested  by  the  United  States 
standard  weights  and  found  to  be  correct.  Said  weighman  shall  ac- 
curately weigh,  and  he  shall,  together  with  the  check-weighman, 
record  the  weight  of  each  miner's  car  of  coal  delivered,  which  record 
shall  be  kept  open  at  all  reasonable  hours  for  inspection  of  all  miners 
or  other  persons  pecuniarly  interested  in  the  product  of  such  mine : 
Provided,  That  if  the  weighman  and  the  check-weighman  shall  dis- 
agree, work  may  continue  until  the  State  commissioner  of  weights 
and  measures  or  his  deputy  can  be  present,  and  any  erroneous  weights 
made  during  such  time  shall  be  rectified.  When  difference  shall  arise 
between  the  weighman  and  check-weighman,  or  operator,  of  any 
mine  as  to  the  correctness  of  the  scales,  the  same  shall  be  referred  to 
the  State  commissioner  of  weights  and  measures  or  his  deputy,  whose 
duty  it  shall  be  to  see  and  regulate  the  same  at  once. 

(C)  The  State  commissioner  of  weights  and  measures  or  his 
deputy  and  miners  employed  in  the  mine,  the  owner  of  the  land  and 
others  personally  interested  in  the  royalty  or  rental  of  such  mine, 
shall  at  all  proper  times  have  full  right  of  access  to  make  examina- 
tion of  scales  or  apparatus  used  for  weighing  coal  in  or  about  said 
mine,  including  the  records  in  which  the  weights  of  coal  are  kept,  to 
determine  the  amount  of  coal  mined,  for  the  purpose  of  attesting 
the  accuracy  thereof. 

Sec.  9.  Check-weighman. — (A)  Whenever  the  mining  of  coal  is  paid 
for  by  weight,  the  miners  employed  in  mining  the  same  shall  have 
the  right  of  selecting  and  keeping  in  the  weigh  office,  or  at  the  place 
of  weighing  the  coal,  a  check-weighman,  who  shall  be  vested  with 
the  same  rights  as  described  in  section  "  8  "  of  this  act,  said  check- 
weighman  to  be  paid  by  said  miners. 

Sec.  19,  as  amended  by  Acts,  1925,  ch.  171,  p.  412.— (E)  It  shall  be 

the  duty  of  the  State  commissioner  of  weights  and  measures,  or  his 

deputy,  in  addition  to  his  other  duties,  to  examine  all  scales  used  at 

any  mine  for  the  purpose  of  weighing  coal  taken  out  of  said  mine. 

517—26 17 


256  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

The  scales  shall  be  tested  by  sealed  weights;  the  same  shall  be  fur- 
nished to  said  State  commissioner  of  weights  and  measures,  or  his 
deputy,  by  the  auditor  of  State  on  requisition,  the  cost  of  which  shall 
be  audited  by  the  auditor  of  the  State,  and  paid  out  of  any  money  in 
the  State  treasury  not  otherwise  appropriated.  And  on  inspection, 
if  the  scales  are  found  incorrect,  and  after  written  notice  by  the 
State  commissioner  of  weights  and  measures,  or  his  deputy,  it  shall 
be  unlawful  for  any  operator  to  use  or  suffer  the  same  to  be  used, 
until  the  scales  are  adjusted  to  weigh  correctly. 


IOWA 
Code,  1924,  ch.  161,  p.  436. 

Sec.  3227  (al924) .  Standard  established. — The  weights  and  measures 
which  have  been  presented  by  the  department  to  the  Federal  Bureau 
of  Standards  and  approved,  standardized,  and  certified  by  said 
bureau  in  accordance  with  the  laws  of  the  Congress  of  the  United 
States  shall  be  the  standard  weights  and  measures  throughout,  the 
State. 

Sec.  3228.  Length  and  surface  measure. — The  unit  or  standard 
measure  of  length  and  surface  from  which  all  other  measures  of 
extension  shall  be  derived  and  ascertained,  whether  they  be  lineal, 
superficial,  or  solid,  shall  be  the  standard  yard  secured  in  accord- 
ance with  the  provisions  of  the  preceding  section.  It  shall  be  divided 
into  three  equal  parts  called  feet,  and  each  foot  into  twelve  equal 
parts  called  inches,  and  for  the  measure  of  cloth  and  other  com- 
modities commonly  sold  by  the  yard  it  may  be  divided  into  halves, 
quarters,  eighths,  and  sixteenths.  The  rod,  pole,  or  perch  shall 
contain  five  and  one-half  such  yards,  and  the  mile,  one  thousand 
seven  hundred  sixty  such  yards. 

Sec.  3229.  Land  measure. — The  acre  for  land  measure  shall  be 
measured  horizontally  and  contain  ten  square  chains  and  be  equiva- 
lent in  area  to  a  rectangle  sixteen  rods  in  length  and  ten  rods  in 
breadth,  six  hundred  and  forty  such  acres  being  contained  in  a 
square  mile.  The  chain  for  measuring  land  shall  be  twenty-two 
yards  long,  and  be  divided  into  one  hundred  equal  parts,  called  links. 

Sec.  3230.  Weight. — The  units  or  standards  of  weight  from  which 
all  other  weights  shall  be  derived  and  ascertained  shall  be  the 
standard  avoirdupois  and  troy  weights  secured  in  accordance  with 
the  provisions  of  section  3227.  The  avoirdupois  pound,  which  bears 
to  the  troy  pound  the  ratio  of  seven  thousand  to  five  thousand 
seven  hundred  sixty,  shall  be  divided  into  sixteen  equal  parts  called 
ounces ;  the  hundredweight  shall  consist  of  one  hundred  avoirdupois 
pounds,  and  twenty  hundredweight  shall  constitute  a  ton.  The  troy 
ounce  shall  be  equal  to  the  twelfth  part  of  a  troy  pound. 

Sec.  3231.  Liquids. — The  unit  or  standard  measure  of  capacity  for 
liquids  from  which  all  other  measures  of  liquid  shall  be  derived 
and  ascertained  shall  be  the  standard  gallon  secured  in  accordance 
with  the  provisions  of  section  3227.  The  gallon  shall  be  divided 
by  continual  division  by  the  number  two  so  as  to  make  half-gallons, 
quarts,  pints,  half-pints,  and  gills.  The  barrel  shall  consist  of 
thirty-one  and  one-half  gallons,  and  two  barrels  shall  constitute  a 
hogshead. 

Sec.  3232.  Dry  measure. — The  unit  or  standard  measure  of  capacity 
for  substances  not  liquids  from  which  all  other  measures  of  such 
substances  shall  be  derived  and  ascertained  shall  be  the  standard 
half-bushel  secured  in  accordance  with  the  provisions  of  section 

257 


258 


LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


3227.  The  peck,  half-peck,  quarter-peck,  quart,  pint,  and  half- 
pint  measures  for  measuring  commodities  which  are  not  liquids, 
shall  be  derived  from  the  half-bushel  by  successively  dividing  the 
cubic  inch  capacity  of  that  measure  by  two. 

Sec.  3233.  Bottomless  measures. — Bottomless  dry  measures  shall  not 
be  used  unless  they  conform  in  shape  to  the  United  States  standard 
dry  measures. 

Sec.  3234.  Sales  of  dry  commodities  to  be  by  weight. — All  dry  com- 
modities unless  bought  or  sold  in  package  or  wrapped  form  shall 
be  bought  or  sold  only  by  the  standard  weight  or  measure  herein 
established,  or  by  numerical  count,  unless  the  parties  otherwise 
agree  in  writing,  except  as  provided  in  the  four  following  sections. 

Sec.  3235.  Drugs  and  section  comb  honey. — The  requirements  of  the 
preceding  section  shall  not  apply  to  drugs  or  section  comb  honey. 

Sec.  3236.  Bushel  by  weight. — When  any  of  the  commodities  enu- 
merated in  this  section  shall  be  sold  by  the  bushel  or  fractional  part 
thereof,  except  when  sold  as  provided  in  the  two  following  sections, 
the  measure  shall  be  determined  by  avoirdupois  weight  and  shall  be 
computed  as  follows: 

Pounds  Pounds 


Apples 48 

Apples,    dried 24 

Alfalfa    seed 60 

Barley 48 

Beans,   green,    unshelled 56 

Beans,   dried 60 

Beans,   Lima 56 

Beets 56 

Blue  grass  seed 14 

Bran 20 

Brornus  inermis 14 

Broomcorn  seed 50 

Buckwheat 48 

Carrots 50 

Castor    beans,    shelled 50 

Charcoal , 20 

Cherries 40 

Clover  seed 60 

Coal 80 

Coke 40 

Corn  on  the  cob   (field) 70 

Corn  in  the  ear,  unhusked  (field)-  75 

Corn,   shelled    (field) 56 

Corn  meal 48 

Cucumbers 48 

Emmer 40 

Flaxseed 56 

Grapes,    with   stems 40 

Hempseed 44 

Hickory  nuts,  hulled 50 

Hungarian  grass  seed 50 

Kaffir    corn 56 

Lime 80 

Millet  seed 50 

Oats 32 


Onions 52 

Onion    top    sets 28 

Onion   bottom   sets 32 

Orchard  grass  seed 14 

Osage  orange  seed 32 

Parsnips 45 

Peaches 48 

Peaches,    dried 33 

Peanuts  ___l 22 

Pears 45 

Peas,  green,  unshelled 50 

Peas,    dried 60 

Plums 48 

Popcorn  on  the  cob 70 

Popcorn,  shelled 56 

Potatoes 60 

Quinces 48 

Rape  seed 50 

Red  top  seed 14 

Rutabagas 60 

Rye . 56 

Salt 80 

Sand 130 

Shorts 20 

Sorghum  saccharatum  seed 50 

Spelt 40 

Sweet    corn 50 

Sweet  potatoes 50 

Timothy   seed 45 

Tomatoes 50 

Turnips 55 

Walnuts,  hulled 50 

Wheat 60 

All  root  crops  not  specified  above-  50 


Sec.  3237.  Sale  of  certain  fruits  and  vegetables  by  dry  measure. — 
Blackberries,  blueberries,  cranberries,  currants,  gooseberries,  rasp- 
berries, cherries,  strawberries,  and  similar  berries,  also  onion  sets 
in  quantities  of  one  peck  or  less,  may  be  sold  by  the  quart,  pint,  or 
half-pint,  dry  measure. 


iowa  259 

Sec.  3238.  Sale  of  fruits  and  vegetables  in  Climax  baskets. — Grapes, 
other  fruits,  and  vegetables  may  be  sold  in  climax  baskets;  but 
when  said  commodities  are  sold  in  such  manner  and  the  containers 
are  labeled  with  the  net  weight  of  the  contents  in  accordance  with 
the  provisions  of  section  3037,  all  the  provisions  of  the  chapter  rela- 
tive to  labeling  foods  shall  be  deemed  to  have  been  complied  with. 

Sec.  3239.  Berry  boxes  and  Climax  baskets. — Berry  boxes  sold,  used, 
or  offered  or  exposed  for  sale  shall  have  an  interior  capacity  of  one 
quart,  pint,  or  half-pint  dry  measure.  Climax  baskets  sold,  used, 
or  offered  or  exposed  for  sale  shall  be  of  the  standard  size  fixed 
below : 

1.  Two-quart  basket:  Length  of  bottom  piece,  nine  and  one-half 
inches;  width  of  bottom  piece,  three  and  one-half  inches;  thick- 
ness of  bottom  piece,  three-eighths  of  an  inch;  height  of  basket, 
three  and  seven-eighths  inches,  outside  measurement;  top  of  basket, 
length  eleven  inches,  and  width  five  inches,  outside  measurement; 
basket  to  have  a  cover  five  by  eleven  inches,  when  a  cover  is  used. 

2.  Four-quart  basket:  Length  of  bottom  piece,  twelve  inches; 
width  of  bottom  piece,  four  and  one-half  inches;  thickness  of 
bottom  piece,  three-eighths  of  an  inch;  height  of  basket,  four  and 
eleven-sixteenths  inches,  outside  measurement ;  top  of  basket,  length 
fourteen  inches,  width  six  and  one-fourth  inches,  outside  measure- 
ment; basket  to  have  cover  six  and  one-fourth  inches  by  fourteen 
inches,  when  cover  is  used. 

3.  Twelve  quart  basket :  Length  of  bottom  piece,  sixteen  inches ; 
width  of  bottom  piece,  six  and  one-half  inches ;  thickness  of  bottom 
piece,  seven-sixteenths  of  an  inch,  outside  measurements;  top  of 
basket,  length  nineteen  inches,  height  of  basket,  seven  and  one-six- 
teenth inches,  width  nine  inches,  outside  measurement;  basket  to  have 
cover  nine  inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  3240.  Hop  boxes. — The  standard  box  used  in  packing  hops  shall 
be  thirty-six  inches  long,  eighteen  inches  wide,  and  twenty-three 
find  one-fourth  inches  deep,  inside  measurement. 

Sec.  3241.  Milk  bottles. — The  standard  bottle  used  for  the  sale  of 
milk  and  cream  shall  be  of  a  capacity  of  one-half  gallon,  three 
pints,  one  quart,  one  pint,  one-half  pint,  one  gill,  filled  full  to  the 
bottom  of  the  lip. 

Sec.  3242.  Flour. — A  barrel  of  flour  shall  consist  of  one  hundred 
ninety-six  pounds  avoirdupois  and  one-fourth  barrel  consisting  of 
fortj'-nine  pounds  shall  be  a  sack  of  flour. 

No  barrel  or  sack  of  flour  shall  be  sold  which  contains  less  than 
the  amount  herein  specified. 

Sec.  3243.  Mason  work,  or  stone. — The  perch  of  mason  work  or 
stone  shall  consist  of  twenty-five  feet,  cubic  measure. 

Sec.  3244.  Sales  to  be  by  standard  weight  or  measure. — All  commodi- 
ties bought  or  sold  by  weight  or  measure  shall  be  bought  or  sold 
only  by  the  standards  established  by  this  chapter,  unless  the  vendor 
and  vendee  otherwise  agree.  Sales  by  weight  shall  be  by  avoir- 
dupois weight  unless  troy  weight  is  agreed  upon  by  the  vendor  and 
vendee. 

Code,  1924,  ch.  162,  p.  438.    . 

Sec.  3245  (al924).  Sale  of  coal,  charcoal,  and  coke. — No  person  shall 
sell,  offer  or  expose  for  sale  any  coal,  charcoal,  or  coke  in  any  other 


260  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

manner  than  by  weight,  or  represent  any  of  said  commodities  as 
being  the  product  of  any  county,  State,  or  Territory,  except  that 
in  which  mined  or  produced,  or  represent  that  said  commodities 
contain  more  British  thermal  units  than  are  present  therein. 

Sec.  3246.  Delivery  tickets  required. — No  person  shall  deliver  any  of 
said  commodities  without  each  such  delivery  being  accompanied  by 
duplicate  delivery  tickets,  on  each  of  which  shall  be  written  in  ink 
or  other  indelible  substance,  distinctly  expressed  in  pounds,  the 
gross  weight  of  the  load,  the  tare  of  the  delivering  vehicle,  and 
the  net  amount  in  weight  of  the  commodity,  with  the  names  of  the 
purchaser  and  the  dealer  from  whom  purchased. 

Sec.  3247.  Disposition  of  delivery  tickets. — One  of  said  duplicate 
tickets  shall  be  delivered  to  the  vendee  and  the  other  one  shall  be 
returned  to  the  vendor.  Upon  demand  of  the  department  the  per- 
son in  charge  of  the  load  shall  surrender  one  of  said  duplicate  tickets 
to  the  person  making  such  demand.  If  said  ticket  is  retained  an 
official  weight  slip  shall  be  delivered  by  said  department  to  the 
vendee  or  his  agent. 

Sec.  3248.  Sales  without  delivery. — When  the  vendee  carries  away 
the  commodity  purchased,  a  delivery  ticket,  showing  the  actual 
number  of  pounds  received  by  him,  shall  be  issued  to  him  by  the 
vendor. 

Sec.  3249.  Sales  of  hay  or  straw  by  bale. — No  person  shall  sell,  offer 
or  expose  for  sale  any  bales  of  hay  or  straw  without  first  attaching 
thereto  a  plain  and  conspicuous  statement  of  the  minimum  net  weight 
contained  in  such  bales ;  but  nothing  in  this  section  shall  be  construed 
to  require  a  statement  of  weight  on  each  bale  where  hay  or  straw  is 
sold  by  the  ton  and  a  ticket  showing  the  gross,  tare,  and  net  weight 
accompanies  the  delivery. 

Sec.  3250.  Inspection  of  loaded  vehicles. — The  department  may  stop 
any  wagon,  auto  truck,  or  other  vehicle  loaded  with  any  commodity 
being  bought,  offered  or  exposed  for  sale,  or  sold,  and  compel  the 
person  having  charge  of  the  same  to  bring  the  load  to  a  scale  de- 
signated by  said  department  and  weighed  for  the  purpose  of  deter- 
mining the  true  net  weight  of  the  commodity. 

Code,  1924,  ch.  163,  p.  439. 

Sec.  3251  (al924).  State  sealer. — The  department  shall  designate  one 
of  its  assistants  to  act  as  State  sealer  of  weights  and  measures.  All 
weights  and  measures  sealed  by  him  shall  be  impressed  with  the  word 
"  Iowa." 

Sec.  3252.  Preservation  of  standards. — The  department  shall  main- 
tain the  State  standards  in  good  order,  shall  take  all  necessary  pre- 
cautions for  their  safe-keeping,  and  shall  submit  them  once  in  ten 
years  to  the  National  Bureau  of  Standards  for  certification. 

Sec.  3253.  Testing  weights  and  measures. — Upon  written  request 
of  any  citizen,  firm,  or  corporation,  city,  town,  or  country,  or  educa- 
tional institution  of  the  State  made  to  the  department,  a  test  or 
calibration  of  any  weights,  measures,  weighing  or  measuring  devices, 
and  instruments  or  apparatus  to  be  used  as  standards  shall  be  made. 

Sec.  3254.  Sealing  milk  bottles  not  required. — The  State  sealer  shall 
not  be  required  to  seal  bottles  for  milk  or  cream,  but  they  shall  be 
inspected  from  time  to  time  in  order  to  ascertain  whether  they  are 
standard. 


iowa  261 

Sec.  3255.  Sealer  for  cities  and  towns. — A  sealer  of  weights  and 
measures  may  be  appointed  in  any  city  or  town  by  the  council,  who 
shall  hold  his  office  during  its  pleasure,  and  may  obtain  from  the  de- 
partment such  standard  weights  and  measures  as  the  council  may 
deem  necessary. 

Sec.  3256.  Duties  of  city  sealer.— Each  sealer  in  cities  and  towns 
shall  take  charge  of  and  provide  for  the  safekeeping  of  the  town  or 
city  standards,  and  see  that  the  weights,  measures,  and  all  apparatus 
used  for  determining  the  quantity  of  commodities  used  throughout 
the  town  or  city,  agree  with  the  standards  in  his  possession. 

Sec.  3257.  Expenses. — All  expenses  directly  incurred  in  furnishing 
the  several  cities  and  towns  with  standards,  or  in  comparing  those 
that  may  be  in  their  possession,  shall  be  borne  by  said  cities  and 
towns. 

Code,  1924,  ch.  164,  p.  439. 

Sec.  3258  (al924).  Definitions. — For  the  purpose  of  this  chapter: 

1.  "  Public  scale "  shall  mean  any  scale  or  weighing  device  for 
the  use  of  which  a  charge  is  made  or  compensation  is  derived. 

2.  "  Gasoline  pump "  shall  mean  any  pump,  meter,  or  similar 
measuring  device  used  for  measuring  gasoline. 

Sec.  3259.  License  required. — Every  person  who  shall  use  or  display 
for  use  any  public  scale  or  gasoline  pump  shall  secure  a  license  for 
said  scale  or  pump  from  the  department. 

Sec.  3260,  as  amended  by  Acts,  1925,  ch.  62,  p.  53.  Fee;  expiration  of 
license. — The  license  fee  shall  be  three  dollars  per  annum  and  each 
license  for  a  public  scale  shall  expire  on  December  thirty-first  and 
for  a  gasoline  pump  on  June  thirtieth  of  each  year. 

Sec.  3261.  Form  of  license. — The  license  shall  be  in  the  form  of  a 
metal  plate  bearing  the  words  "  Licensed  by  the  State  of  Iowa, 

No. "    Each  plate  shall  be  numbered  consecutively  and  bear  the 

year  for  which  the  license  is  granted. 

Sec.  3262.  license  to  be  displayed;  removal. — The  license  plate  shall 
be  displayed  prominently  on  the  front  of  the  scale  or  pump,  and  the 
defacing  or  wrongful  removal  of  such  plate  shall  be  punished  as 
provided  in  chapter  147.  Absence  of  license  plate  shall  be  prima 
facie  evidence  that  the  weighing  or  measuring  device  is  being 
operated  contrary  to  law. 

Sec.  3263.  Oath  of  weighmasters. — All  persons  keeping  public  scales, 
before  entering  upon  their  duties  as  weighmasters,  shall  be  sworn 
before  some  person  having  authority  to  administer  oaths,  to  keep 
their  scales  correctly  balanced,  to  make  true  weights,  and  to  render 
a  correct  account  to  the  person  having  weighing  done. 

Sec.  3264.  Weighmasters  to  keep  registers. — Weighmasters  are  re- 
quired to  make  true  weights  and  keep  a  correct  register  of  all 
weighing  done  by  them,  giving  the  amount  of  each  weight,  date 
thereof,  and  the  name  of  the  person  or  persons  for  whom  done, 
and  give,  upon  demand,  to  any  person  having  weighing  done,  a  cer- 
tificate showing  the  weight,  date,  and  for  whom  weighed. 

Sec.  3265.  Penalty. — Any  weighmaster  violating  any  of  the  provi- 
sions of  the  two  preceding  sections,  shall  be  guilty  of  a  misdemeanor, 
and  punished  as  provided  in  chapter  147  and  be  liable  to  the  person 
injured  for  all  damages  sustained. 


262  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Code,  1924,  ch.  165,  p.  440. 

Sec.  3266  (al924).  Duty  to  inspect. — The  department  shall  make  an 
inspection  of  all  weights  and  measures  wherever  the  same  are  kept 
for  use  in  connection  with  the  sale  of  any  commodity  sold  by 
weight  or  measurement,  of  where  the  price  to  be  paid  for  producing 
any  commodity  is  based  upon  the  weight  or  measurement  thereof; 
and  when  complaint  is  made  to  the  department  that  any  false  or  in- 
correct weights  or  measures  are  being  made  under  said  conditions, 
said  department  shall  have  the  same  inspected. 

Sec.  3267.  Inspection  fees. — An  inspection  fee  shall  be  charged  the 
person  owning  or  operating  the  scale  so  inspected  in  accordance 
with  the  following  schedule :  Scales  with  a  five  hundred  pounds  ca- 
pacity up  to  and  including  four  thousand  pounds  capacity,  one 
dollar  each;  scales  over  four  thousand  pounds  capacity  up  to  and 
including  twenty-one  thousand  pounds  capacity,  three  dollars  each ; 
scales  over  twenty-one  thousand  pounds  capacity  not  including  rail- 
road track  scales,  five  dollars  each ;  railroad  track  scales,  ten  dollars 
each ;  all  hopper  or  automatic  scales,  two  dollars  each. 

Sec.  3268.  Payment  by  party  complaining. — When  such  inspection 
shall  be  made  upon  the  complaint  of  any  person  other  than  the  owner 
of  the  scale,  and  upon  examination  the  scale  is  found  by  the  depart- 
ment to  be  accurate  for  weighing,  the  inspection  fee  for  such  inspec- 
tion shall  be  paid  by  the  person  making  complaint. 

Sec.  3269.  Limitation  on  the  number  of  inspections. — No  person  shall 
be  required  to  pay  more  than  two  inspection  fees  for  any  one  scale 
in  any  one  year  unless  additional  inspections  are  made  at  the  request 
of  the  owner  of  said  scales. 

Sec.  3270.  Confiscation  and  condemnation  of  scales. — The  department 
may  seize  without  warrant  and  confiscate  any  incorrect  scales, 
weights,  or  measures,  or  any  weighing  apparatus  or  part  thereof 
which  do  not  conform  to  the  State  standards  or  upon  which  the 
license  fee  has  not  been  paid.  If  any  weighing  or  measuring  appa- 
ratus or  part  thereof  be  found  out  of  order  the  same  may  be  tagged 
by  the  department  "  Condemned  until  repaired,"  which  tag  shall  not 
be  altered  or  removed  until  said  apparatus  is  properly  repaired. 

Sec.  3271.  Possession  of  false  weights  or  measures. — If  any  person 
engaged  in  the  purchase  or  sale  of  any  commodity  by  weight  or 
measurement,  or  in  the  employment  of  labor  where  the  price  thereof 
is  to  be  determined  by  weight  or  measurement  of  the  articles  upon 
which  labor  is  bestowed,  has  in  possession  any  inaccurate  scales, 
weights,  or  measures,  or  other  apparatus  for  determining  the  quantity 
of  any  commodity,  which  do  not  conform  to  the  standard  weights  and 
measures,  he  shall  be  punished  as  provided  in  chapter  147. 

Sec.  3272.  Transactions  by  false  weights  or  measures. — Any  person 
shall  be  deemed  to  have  violated  the  provisions  of  this  chapter  and 
shall  be  punished  as  provided  in  chapter  147 : 

1.  If  such  person  sell,  trade,  deliver,  charge  for  or  claim  to  have 
delivered  to  a  purchaser  an  amount  of  any  commodity  which  is  less 
in  weight  or  measure  than  that  which  is  asked  for,  agreed  upon, 
claimed  to  have  been  delivered,  or  noted  on  the  delivery  ticket. 

2.  If  such  person  make  settlement  for  or  enter  credit,  based  upon 
any  false  weight  or  measurement,  for  any  commodity  purchased. 


iowa  263 

3.  If  such  person  make  settlement  for  or  enter  credit,  based  upon 
any  false  weight  or  measurement,  for  any  labor  where  the  price  of 
producing  or  mining  is  determined  by  weight  or  measure. 

4.  If  such  person  record  a  false  weight  or  measurement  upon  the 
weight  ticket  or  book. 

Sec.  3273.  Reasonable  variations;  small  packages. — In  enforcing  the 
provisions  of  the  preceding  section  reasonable  variations  shall  be 
permitted  and  exemptions  as  to  small  packages  shall  be  established 
by  rules  of  the  department. 

Sec.  3274.  Powers  of  cities  and  towns  limited. — Commodities  weighed 
upon  any  scale  bearing  the  inspection  card,  issued  by  the  department, 
shall  not  be  required  to  be  reweighed  by  any  ordinance  of  any  city  or 
town  or  city  under  special  charter  or  under  the  commission  form  of 
government,  nor  shall  their  sale,  at  the  weights  so  ascertained,  and 
because  thereof,  be,  by  such  ordinance,  prohibited  or  restricted. 

Code,  1924,  ch.  147,  p.  412. 

Sec.  3029  (al924).  Definitions  and  rules  of  construction. — For  the  pur- 
pose of  this  title: 

1.  "Article  "  shall  include  food,  commercial  feed,  agricultural  seed, 
commercial  fertilizer,  drug,  insecticide,  fungicide,  paint,  linseed  oil, 
turpentine,  and  illuminating  oil,  in  the  sense  in  which  they  are  de- 
fined in  the  various  provisions  of  this  title. 

2.  "  Department "  shall  mean  the  department  of  agriculture,  and, 
wherever  said  department  is  required  or  authorized  to  do  an  act,  it 
shall  be  construed  as  authorizing  performance  by  a  regular  assistant 
or  a  duly  authorized  agent  of  said  department. 

3.  "  Secretary  "  shall  mean  the  secretary  of  agriculture. 

4.  "  Package  "  or  "  container,"  unless  otherwise  defined,  shall  in- 
clude wrapper,  box,  carton,  case,  basket,  hamper,  can,  bottle,  jar, 
tube,  cask,  vessel,  tub,  firkin,  keg,  jug,  barrel,  tank,  tank  car,  and 
other  receptacles  of  a  like  nature;  and  wherever  the  expression 
"offered  or  exposed  for  sale  or  sold  in  package  or  wrapped  form" 
is  used  it  shall  mean  the  offering  or  exposing  for  sale,  or  selling 
of  an  article  which  is  contained  in  a  package  or  container  as  herein 
defined.     *     *     * 

Sec.  3037.  Labeling. — All  articles  in  package  or  wrapped  form 
which  are  required  by  this  title  to  be  labeled,  unless  otherwise  pro- 
vided, shall  be  conspicuously  marked  in  the  English  language  in 
legible  letters  of  not  less  than  eight-point  heavy  Gothic  caps  on 
the  principal  label  with  the  following  items : 

******* 

2.  The  quantity  of  the  contents  in  terms  of  weight,  measure,  or 
numerical  count.  Under  this  requirement  reasonable  variations 
shall  be  permitted,  and  small  packages  shall  be  excepted  in  accord- 
ance with  the  rules  of  the  department. 

3.  The  name  and  place  of  business  of  the  manufacturer,  packer, 
importer,  dispenser,  distributor,  or  dealer.     *     *     * 

Code,  1924,  ch.  150,  p.  419. 

Sec.  3079  (al924).  Testing  milk  or  cream. — Every  person  testing 
cream  or  milk  to  determine  the  per  cent  of  milk-fat  as  a  basis  for 
fixing  the  purchase  price  shall  secure  a  milk  tester's  license  from  the 


264  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

department  and  shall  make  tests  only  by  such  process  as  has  been 
approved  by  said  department. 

Sec.  3080.  Examination  required. — Each  applicant  for  such  a  license 
shall  be  required  to  submit  to  examination  and  by  actual  demon- 
stration show  that  he  is  competent  to  test  cream  and  milk  according 
to  an  approved  process. 

Sec.  3081.  Supplying  standard  measures  for  testing. — The  department 
shall  furnish  each  licensee  one  standard  test  bottle  and  one  standard 
pipette  adapted  to  the  use  of  the  testing  machine  approved  for  the 
licensee.  Said  bottle  and  pipette  shall  be  certified  to  by  the  depart- 
ment as  standard  and  shall  bear  the  official  stamp  of  the  depart- 
ment. Any  person  not  a  licensee  may  secure  test  bottles  and 
pipettes  from  the  department  at  the  legal  price. 

Sec.  3083.  Bottles  and  pipettes. — The  standard  bottle  and  pipette 
received  from  the  department  shall  be  used  by  the  licensee  in  veri- 
fying test  tubes  and  pipettes  used  by  him  in  making  tests;  and  the 
same  shall  be  subject  to  inspection  by  the  owner  or  vendor  of  the 
cream  or  milk  which  is  the  subject  of  the  test. 

Sec.  3085.  False  tests ;  evidence. — No  person  shall  falsely  manipulate 
or  misread  the  Babcock  test  or  any  other  milk  or  cream  testing 
apparatus.  The  writing  of  a  check  or  payment  of  money  for  cream 
or  milk  at  any  given  test  shall  constitute  prima  facie  evidence  that 
such  test  was  made. 

Sec.  3095.  Milk  bottles  to  be  marked. — Bottles  or  jars  used  for  the 
sale  of  milk  shall  have  clearly  blown  or  permanently  marked  in 
the  side  of  the  bottle,  the  capacity  of  the  bottle,  and  on  the  bottom 
of  the  bottle  the  name,  initials,  or  trade-mark  of  the  manufacturer. 
The  designating  number  shall  be  furnished  by  the  department  on 
request. 

Code,  1924,  ch.  292,  p.  731. 

Sec.  5768°.  Markets;  powers  of  certain  cities  to  establish  and  regulate. — 
They  [special  charter  cities]  shall  have  power  to  establish  and 
regulate  markets  and  scales,  to  build  market  houses  and  establish 
and  regulate  the  same;  to  provide  for  the  measuring  or  weighing  of 
merchandise  offered  for  sale,     *     *     * 

Code,  1924,  ch.  581,  p.  1547. 

Sec.  13061°.  Penalty  for  altering  brands,  etc. — If  any  person  falsely 
alter  any  stamp,  brand,  or  mark  on  any  cask,  package,  box,  or  bale 
containing  merchandise  or  produce,  made  by  a  public  officer,  ap- 
pointed for  that  purpose,  in  order  to  denote  the  quality,  weight,  or 
quantity  of  the  contents  thereof,  with  intent  to  defraud,  he  shall  be 
fined  not  more  than  five  hundred  dollars  and  imprisoned  in  the 
county  jail  not  exceeding  one  year. 

Sec.  13062.  Penalty  for  counterfeiting  mark  of  another. — If  any 
person  counterfeit  any  mark,  stamp,  or  brand  of  another,  or  falsely 
mark  any  cask,  package,  box,  or  bale  as  to  quality  or  quantity,  with 
intent  to  defraud,  he  shall  be  fined  not  exceeding  two  hundred 
dollars,  or  be  imprisoned  in  the  county  jail  not  more  than  six 
months,  or  both. 

Sec.  13066.  Fraudulently  using  stamped  cask,  etc. — If  any  person, 
with  intent  to  defraud,  use  any  cask,  package,  box,  or  bale,  marked, 


iowa  265 

branded,  or  stamped  by  another,  for  the  sale  of  merchandise  or 
produce  of  an  inferior  quality  or  less  in  quantity  or  weight  than  is 
denoted  by  such  mark,  stamp,  or  brand,  he  shall  be  imprisoned  in 
the  county  jail  not  more  than  one  year,  or  fined  not  exceeding  two 
hundred  dollars,  or  both. 

Sec.  13067  (1907).  Binder  twine;  label.— No  binder  twine  shall  be 
sold,  exposed,  or  offered  for  sale  within  this  State,  except  the  same 
bears  upon  each  ball  a  stamp  or  label  truly  stating  the  name  of 
the  manufacturer  or  importer  and  the  number  of  feet  to  the  pound 
in  such  ball :  Provided,  That  a  deficiency  not  exceeding  five  per 
cent  in  length  stated  on  the  stamp  or  label  shall  not  be  a  violation 
hereof. 

Code,  1924,  ch.  426,  p.  1217. 

Sec.  9719,  as  amended  by  Acts,  1925,  ch.  184,  p.  170. — The  term 
"  agricultural  product "  as  used  in  this  chapter  shall  mean  cotton, 
wool,  grain,  tobacco,  flaxseed,  sugar  and  all  canned  goods  made  from 
agricultural  products. 

Sec.  9734  (1921).  License  to  classify,  grade,  or  weigh. — The  commis- 
sioners may,  upon  presentation  of  satisfactory  proof  of  competency, 
issue  to  any  person  a  license  to  classify  any  agricultural  product  or 
products,  stored  or  to  be  stored  in  a  warehouse  licensed  under  this 
chapter,  according  to  grade  or  otherwise  and  to  certificate  the  grade 
or  other  class  thereof,  or  to  weigh  the  same  and  certificate  the  weight 
thereof,  or  both  to  classify  and  weigh  the  same  and  to  certificate  the 
grade  or  other  class  and  the  weight  thereof,  upon  condition  that  such 
person  agree  to  comply  with  and  abide  by  the  terms  of  this  chapter 
and  of  the  rules  and  regulations  prescribed  hereunder  so  far  as  the 
same  relate  to  him. 

Code,  1924,  ch.  373,  p.  1012. 

Sec.  8137  (1907).  Track  scales,  where  located;  weight  certificates. — 
Every  person,  firm  or  corporation  engaged  in  operating  any  railroad 
within  the  State  shall  equip  the  line  of  its  track  and  thereafter  main- 
tain thereon  in  good  order,  track  scales  of  sufficient  capacity  to 
weigh  all  carloads  of  coal  that  may  be  transported  over  the  said 
railroad,  and  shall  weigh  the  same  at  the  request  of  any  owner,  con- 
signor or  consignee  of  such  commodities,  and  furnish  written  certifi- 
cates of  such  weights  to  such  owner,  consignor  or  consignee  as  here- 
inafter provided.  Such  track  scales  shall  be  so  installed  and  main- 
tained at  all  division  stations  along  the  line  of  such  railroads  within 
the  State,  and  at  such  other  stations  as  the  board  of  railroad  com- 
missioners shall  from  time  to  time  direct. 

Sec.  8138.  Weighing  of  coal  at  point  where  shipment  originates. — 
Every  person,  firm  or  corporation  engaged  in  operating  any  rail- 
road within  the  State,  over  which  coal,  in  carload  lots  shall  be  trans- 
ported for  hire,  shall  weigh  such  coal  at  point  where  such  shipment 
originates  unless  covered  by  weight  agreement  between  consignor  and 
railway  company,  provided  such  point  is  equipped  with  track  scales. 
If  not  so  equipped,  it  shall  be  weighed  at  first  practicable  point  en 
route  where  track  scales  are  provided.  Said  person,  firm  or  cor- 
poration shall  furnish  to  said  shipper  a  bill  of  lading  showing  date 
and  place  weighted,  also  the  gross,  tare  and  net  weights  for  each  car- 


266  LAWS  CONCEBNING  WEIGHTS  AND  MEASURES 

load  of  coal  so  weighed.  The  tare  weight  shall  be  determined  by 
using  actual  weight  of  empty  car  at  loading  station,  provided  track 
scales  are  maintained  at  such  point. 

Sec.  8139.  Weighed  at  destination  upon  request;  fee. — Such  coal  shall 
be  weighed  at  destination  upon  request  of  consignee  when  there  are 
track  scales  at  such  point.  If  not  equipped  with  track  scales  at  such 
point,  then  at  nearest  practicable  point  en  route  where  such  scales 
are  maintained  and  certificate  of  weight  showing  actual  gross,  tare 
and  net  weights,  shall  be  furnished  to  consignee  and  settlement  of 
freight  charges  based  on  these  weights.  A  reasonable  charge  of  not 
more  than  one  dollar  per  car,  may  be  made  for  such  weighing  on 
request. 

Sec.  8140.  How  weighed. — Gars  when  weighed  on  track  scales  shall 
be  uncoupled,  clear  and  unhampered  at  both  ends,  carefully  weighed 
by  competent  weighmen  and  certificates  issued  upon  request  of  con- 
signees, showing  gross,  tare  and  net  weights. 

Sec.  8141.  Prima  facie  evidence. — Certificates  mentioned  in  this  act 
shall  be  prima  facie  evidence  of  the  facts  therein  recited  in  any  action 
arising  between  consignors  and  consignees  and  common  carriers. 

Sec.  8142.  Penalty. — Any  common  carrier  operating  in  this  State 
violating  any  of  the  provisions  of  five  preceding  sections  by  neglect- 
ing or  refusing  to  weigh  cars  or  to  furnish  certificates  of  weights  as 
therein  provided  shall  be  guilty  of  a  misdemeanor  and  shall  be,  upon 
conviction  thereof,  fined  in  the  sum  of  not  more  than  one  hundred 
and  twenty-five  dollars  for  each  and  every  violation. 

Code,  1924,  ch.  68,  p.  200. 

Sec.  1319  (al900).  Scales  and  weighers;  duties;  records. — The  operator 
shall,  if  the  miners  are  paid  by  weight,  provide  the  mine  with  suit- 
able scales  of  standard  make,  and  require  the  person  selected  to  weigh 
the  coal  delivered  from  the  mine  to  take  and  subscribe  an  oath  before 
some  person  authorized  to  administer  oaths,  to  the  effect  that  he  will 
keep  the  scales  correctly  and  truly  balanced,  and  accurately  weigh  and 
a  true  record  keep  of  each  car  delivered,  which  oath,  with  that  of  the 
check  weighman  hereinafter  provided  for,  shall  be  conspicuously 
displayed  with  record  of  weights  at  the  place  of  weighing,  which 
record  shall  carry  the  account  of  each  miner  by  itself,  be  open  to  the 
inspection  at  all  proper  times  of  miners  and  all  others  having  a  pe- 
cuniary interest  in  the  mine.  All  damages  sustained  on  account  of  a 
failure  to  weigh  and  credit  to  the  proper  person  any  coal  mined  shall 
be  recoverable  in  an  action  brought  within  two  years  from  the  time 
the  right  thereto  accrued,  and  a  knowledge  of  a  violation  of  this  pro- 
vision by  the  miner  shall  not  be  a  defense  thereto. 

Sec.  1320.  Check  weighman;  duties. — The  miners  employed  and 
working  in  any  mine  may  furnish  a  competent  checkweighman,  who, 
before  entering  upon  his  duties,  shall  take  and  subscribe  an  oath  to 
the  effect  that  he  is  duly  qualified  and  will  faithfully  discharge  his 
duties  as  a  checkweighman,  and  he  shall  at  all  proper  times  have  ac- 
cess to  and  the  right  to  examine  the  scales,  machinery,  or  apparatus 
used  in  weighing,  and  to  see  all  measures  and  weights  of  coal  mined 
and  the  accounts  kept  thereof ;  but  not  more  than  one  person  on  the 
part  of  the  miners  collectively  shall  have  this  right,  and  such  exami- 
nation and  inspection  shall  be  so  made  as  to  create  no  unnecessary 
interference  with  the  use  of  such  scales,  machinery,  or  apparatus. 


iowa  267 

Sec.  1321.  When  weighed;  bushel;  ton. — The  operator  shall,  where 
the  miner  is  to  be  paid  by  the  ton  or  other,  quantity,  unless  otherwise 
agreed  upon  in  writing,  weigh  the  coal  before  screening,  and  the 
miner  shall  be  credited  at  the  rate  of  eighty  pounds  to  the  bushel  and 
two  thousand  pounds  to  the  ton,  but  no  payment  shall  be  required 
for  sulphur,  rock,  slate,  blackjack,  dirt,  or  other  impurities  which 
may  be  loaded  or  found  with  the  coal. 

Sec.  1337.  Penalty. — Any  owner,  lessee,  or  operator,  or  any  party 
in  charge  of  any  mine,  or  any  weighman  or  checkweighman  violating 
any  of  the  provisions  of  this  chapter  relating  to  the  correct  weighing 
and  recording  of  the  weights  of  coal  mined  at  any  mine  shall  be  fined 
not  exceeding  five  hundred  dollars  or  be  imprisoned  in  the  county 
jail  not  exceeding  sixty  days.     *     *     * 


KANSAS 

Rev.  Stats.,  1923,  ch.  83,  p.  1415. 

Sec.  83-101  (1909).  State  standards. — Such  standard  weights  and 
measures  as  have  been  furnished  to  this  State  by  the  Government 
of  the  United  States,  in  accordance  with  a  joint  resolution  of  Con- 
gress, approved  June  14,  1836,  and  such  weights,  measures,  balances 
and  measuring  devices  as  may  be  received  from  the  United  States 
as  standard  weights,  measures,  balances  and  measuring  devices,  in 
addition  thereto,  or  in  renewal  thereof,  shall  be  the  authorized  stand- 
ards of  the  State  of  Kansas. 

Sec.  83-102.  Units  of  length  and  surface  measure;  yard;  foot;  inches; 
rod;  pole;  perch;  mile;  chain;  link;  acre. — The  units  of  standard 
measures  of  length  and  surface  from  which  all  other  measures  of 
extension,  whether  lineal,  superficial  or  solid,  shall  be  derived  and 
ascertained,  are  the  standard  of  lengths  designated  in  this  act.  The 
yard  is  divided  into  three  equal  parts  called  feet,  and  each  foot  into 
twelve  equal  parts  called  inches.  For  measures  of  cloth  and  other 
commodities  commonly  sold  by  the  yard,  the  yard  may  be  divided 
into  halves,  quarters,  eighths,  and  sixteenths.  The  rod,  pole  or  perch 
contains  5y2  yards ;  the  mile,  1,760  yards.  The  chain  for  measuring 
land  is  22  yards  long,  and  is  divided  into  100  equal  parts  called 
links.  The  acre  for  land  measure  shall  be  measured  horizontally  and 
contain  10  square  chains,  equivalent  in  area  to  a  rectangle  16  rods  in 
length  and  10  in  breadth ;  640  acres  being  contained  in  a  square  mile. 

Sec.  83-103.  "Units  of  standards  of  weight. — The  units  of  standards 
of  weight,  from  which  all  other  weights  shall  be  derived  and  ascer- 
tained, shall  be  the  standard  weights  designated  in  this  act.  The 
hundredweight  consists  of  100  avoirdupois  pounds,  and  a  ton  con- 
tains 20  hundredweights.  Wherever  hereafter  in  this  act  the  word 
pound  is  used  it  shall  mean  the  avoirdupois  pound  unless  otherwise 
distinctly  specified. 

Sec.  83-104.  Units  of  dry  measure. — The  units  of  standards  of  meas- 
ure of  capacity  for  commodities  not  liquids,  from  which  all  other 
measures  shall  be  derived  and  ascertained,  shall  be  the  standards 
for  such  commodities  designated  in  this  act.  The  peck,  half  peck, 
quarter  peck,  quart,  pint  and  half  pint  measures  for  measuring 
commodities  which  are  not  liquids  shall  be  derived  from  the  half 
bushel  by  successively  dividing  that  measure  by  two. 

Sec.  83-105.  Units  of  liquid  measure. — The  units  of  standards  of 
measure  of  capacity  for  liquids,  from  which  all  other  measures  shall 
be  derived  and  ascertained,  shall  be  the  standard  liquid  measure 
designated  in  this  act.  The  liquid  gallon  shall  be  divided  by  con- 
tinual division  by  the  number  two  so  as  to  make  half  gallons,  quarts, 
pints,  half  pints  and  gills. 

Sec.  83-106.  Electrical  measures. — The  standards  of  electrical  meas- 
ures recognized  by  the  National  Bureau  of  Standards  when  procured 

268 


KANSAS  269 

by  the  State  shall  be  the  standard  of  electrical  measures  in  the  State 
of  Kansas. 

Sec.  83-107.  Metric  weights  and  measures. — The  weights  and  meas- 
ures of  the  metric  system  shall  be  legal  weights  and  measures  in 
the  State  of  Kansas. 

Sec.  83-108  (al911).  Enforcement.— That  the  State  board  of  health 
shall  be  charged  with  the  duties  of  enforcing  the  provisions  of  this 
act. 

Sec.  83-109  (al921).  Standard  weights  for  mill  products  and  commodi- 
ties, how  sold;  weights  to  be  marked,  when;  weights  per  barrel  and 
bushel. — That  mill  products  and  vegetable  products  hereinafter  men- 
tioned shall  have  only  the  following  standard  weights,  and  whenever 
any  of  the  following  articles  shall  be  contracted  for  or  sold  or  de- 
livered and  no  special  contract  or  agreement  shall  be  made  to  the 
contrary,  such  sale  and  all  computations  for  payment  or  settlement 
therefor  shall  be  by  net  weight,  the  net  weight  to  be  plainly  marked 
on  the  outside  of  the  barrel,  sack,  package  or  bale  as  the  case  may  be, 
and  the  net  weight,  whether  stated  in  words  or  otherwise,  shall  be  as 
follows : 

Barrels  of  wheat  and  rye  flour  and  corn  meal,  one  hundred  and  ninety-six 
pounds  net. 
One-half  barrels,  ninety-eight  pounds  net. 
One-fourth  barrels,  forty-eight  pounds  net. 
One-eighth  barrels,  twenty-four  pounds  net. 
One-sixteenth  barrels,  twelve  pounds  net. 

Provided,  however,  That  corn  meal  may  be  packed  and  sold  in 
sacks  of  thirty-five  pounds  net,  seventeen  and  one-half  pounds  net, 
and  eight  and  three-fourths  pounds  net. 

When  hay  and  straw  are  sold  in  bales,  the  correct  weight  which 
said  bale  contains,  when  sold  at  retail  by  the  bale. 

Cottonseed  meal  in  sacks,  one  hundred  pounds  net. 
Bran  in  sacks,  one  hundred  pounds  net. 
Shorts  in  sacks,  one  hundred  pounds  net. 
Tankage  in  sacks,  one  hundred  pounds  net. 
Oil  meal  in  sacks,  one  hundred  pounds  net. 
Meat  meal  in  sacks,  one  hundred  pounds  net. 

And  all  other  feeds  made  from  cereals  of  any  kind,  whether  pure, 
mixed,  or  adulterated,  one  hundred  pounds  per  sack  net. 

The  net  weight  per  bushel  of  the  following  articles  shall  be  as 
follows,  and  any  fractional  part  of  a  bushel  shall  be  the  like  frac- 
tional part  of  the  said  weight  per  bushel,  net. 


Pounds 

Alfalfa  seed 60 

Apples 48 

Apples,   dried 24 

Barley 48 

Beans 60 

Beans,  unshelled  green 38 

Beans,   castor 46 

Beets 56 

Bluegrass  seed,  native 14 

Bluegrass  seed,   English 22 

Broomcorn  seed 30 

Buckwheat 48 

Cane  seed 50 

Carrots 50 

Cherries,  without  stems 64 


Pounds 

Cherries,  with  stems 56 

Clover  seed 60 

Corn,   shelled 56 

Corn  in  the  ear,  husked 70 

Cucumbers 48 

Flaxseed    (linseed) 56 

Feterita 56 

Grapes,  with  stems 48 

Grapes,  without  stems 60 

Hemp   seed 44 

Kafir  corn 56 

Lime,   unslacked 80 

Malt 38 

Millet  seed,  Hungarian 50 

Milo  maize 56 


270 


LAWS  CONCERNING   WEIGHTS   AND   MEASURES 


Pounds 

Nuts,  black  walnut 50 

Nuts,   hickory 50 

Oats 32 

Onious 55 

Parsnips 48 

Peaches 48 

Peaches,    dried 33 


Pounds 

Quinces 48 

Rutabagas 50 

Rye - 56 

Salt 80 

Sorghum    seed 50 

Spelts  or  emmer 40 

Spinach 14 

Sudan  grass  seed 40 

Sweet  potatoes 50 

Sweet  potatoes,  seed   (sorted  1% 

inches  in  diameter  and  under)  _  45 

Timothy   seed 45 

Tomatoes 56 

Turnips 55 

Wheat 60 


Pears 50 

Peas 60 

Peas,  green,  in  pods 30 

Plastering  hair,  washed 4 

Plastering  hair,  unwashed 8 

Plums 52 

Popcorn,  on  cob 70 

Popcorn,   shelled 56 

Potatoes 60 

And  the  standard  barrel  for  all  fruits  and  vegetables  and  other  dry 
commodities  shall  contain  7,056  cubic  inches,  and  for  sweet  potatoes 
and  apples  the  2-bushel  box  shall  contain  4,704  cubic  inches  and 
1-bushel  box  shall  contain  2,352  cubic  inches. 

Sec.  83-110  (1923).  Climax  baskets.— The  standards  for  Climax 
baskets  for  grapes  and  other  fruits  and  vegetables  shall  be  the  two- 
quart  basket,  four-quart  basket,  and  twelve-quart  basket,  respec- 
tively: (a)  The  standard  two-quart  Climax  basket  shall  be  of  the 
following  dimensions:  Length  of  bottom  piece,  nine  and  one-half 
inches;  width  of  bottom  piece,  three  and  one-half  inches;  thickness 
of  bottom  piece,  three-eighths  of  an  inch;  height  of  basket,  three 
and  seven-eighths  inches,  outside  measurements.  Top  of  basket, 
length  eleven  inches  and  width  five  inches,  outside  measurement. 
Basket  to  have  a  cover  five  by  eleven  inches,  when  a  cover  is  used. 
(6)  The  standard  four-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  twelve  inches;  width  of 
bottom  piece,  four  and  one-half  inches;  thickness  of  bottom  piece, 
three-eighths  of  an  inch ;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches, 
width  six  and  one-fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used,  (c)  The  standard  twelve-quart  Climax  basket  shall  be  of 
the  following  dimensions:  Length  of  bottom  piece,  sixteen  inches, 
width  of  bottom  piece,  six  and  one-half  inches;  thickness  of  bottom 
piece,  seven-sixteenths  of  an  inch;  height  of  basket,  seven  and  one- 
sixteenth  inches,  outside  measurements;  top  of  basket,  length  nine- 
teen inches,  width  nine  inches,  outside  measurement.  Basket  to  have 
cover  nine  inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  83-111.  Containers  for  small  fruits  or  vegetables. — That  the 
standard  basket  or  other  container  for  small  fruits,  berries  and 
vegetables  shall  be  of  the  following  capacities,  namely,  dry  one- 
half  pint,  dry  pint,  dry  quart  or  multiples  of  the  dry  quart,  (a) 
The  dry  half -pint  shall  contain  sixteen  and  eight-tenths  cubic  inches. 
(&)The  dry  pint  shall  contain  thirty-three  and  six-tenths  cubic 
inches.  (<?)  The  dry  quart  shall  contain  sixty-seven  and  two-tenths 
cubic  inches. 

Sec.  83-112.  Apple  boxes. — That  the  standard  apple  box  shall  have 
inside  dimensions  of  ten  and  one-half  inches  by  eleven  and  one-half 
inches  by  eighteen  inches  and  shall  contain  twenty-one  hundred  and 
seventy-three  and  five-tenths  cubic  inches. 


KANSAS  271 

Sec.  83-113.  Baskets  or  boxes  not  complying  with  act. — That  it  shall 
be  unlawful  to  manufacture  for  sale  or  shipment,  sell,  offer  for  sale, 
or  ship  within  the  State,  Climax  and  other  baskets  and  apple  boxes, 
either  filled  or  unfilled,  which  do  not  comply  with  this  act.  Any  indi- 
vidual, partnership,  association  or  corporation  that  willfully  violates 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  not  to  exceed  $100. 

Sec.  83-114.  Inspection  of  containers;  variation  from  standards. — 
That  the  examination  and  test  of  Climax  baskets,  baskets  or  other 
containers  for  small  fruits,  berries  and  vegetables  for  the  purpose  of 
determining  whether  such  baskets  or  other  containers  comply  with 
the  provisions  of  this  act,  shall  be  made  by  the  secretary  of  the  State 
horticultural  society,  and  its  secretary  shall  establish  and  promul- 
gate rules  and  regulations  allowing  such  reasonable  tolerances  and 
variations  as  may  be  found  necessary. 

Sec.  83-115  (1909).  Contracts,  how  construed. — All  contracts,  sales 
or  purchases  hereafter  made  for  work  to  be  done,  or  for  anything 
to  be  sold  or  delivered  or  done,  by  weight  or  measure,  within  this 
State,  shall  be  taken  and  construed  in  terms  of  and  according  to  the 
standards  of  weights  and  measures  adopted  by  this  act,  except  where 
parties  have  agreed  upon  any  other  calculations  or  measurements; 
and  all  statements  and  representations  of  any  kind  referring  to  the 
weights  or  measures  of  commodities  sold  or  purchased,  or  exposed 
for  sale,  shall  be  understood  in  terms  of  the  standards  of  weights 
or  measures  aforesaid. 

Sec.  83-116.  Dry  commodities,  how  sold. — All  dry  commodities  not 
otherwise  specified  in  this  act  shall  be  sold  only  by  standard  dry 
measure,  standard  weight,  or  numerical  count,  except  where  parties 
otherwise  agree. 

Sec.  83-117  1  (al911).  Berry  boxes,  capacity;  to  be  labeled,  when. — Ber- 
ries and  small  fruits  whenever  sold  in  boxes  shall  be  sold  in  boxes 
containing  standard  liquid  quart  or  liquid  pint,  and  if  said  boxes  con- 
tain less  than  this  amount,  the  information  must  be  given  to  the  pur- 
chaser by  such  package  being  labeled  with  a  statement  of  the  net 
contents. 

Sec.  83-118  (1909).  lEilk  and  other  liquid  commodities,  how  sold. — 
All  milk  or  cream  that  shall  be  sold  in  bottles  shall  be  sold  only  in 
bottles  containing  half-pints,  pints,  quarts,  half-gallon  or  gallons. 
All  other  liquid  commodities  shall  be  sold  only  by  standard  liquid 
measure  or  standard  weight,  except  where  parties  otherwise  agree. 

Sec.  83-119.  Bread,  weight  of;  how  sold;  to  be  labeled,  when. — A  loaf 
of  bread  for  sale  shall  be  two  pounds  in  weight.  Bread,  unless 
composed  in  chief  part  of  rye  or  maize,  shall  be  sold  only  in  whole, 
half  and  quarter  loaves,  and  not  otherwise.  Bread,  when  sold,  shall, 
upon  the  request  of  the  buyer,  be  weighed  in  his  presence,  and  if 
found  deficient  in  weight,  additional  bread  shall  be  delivered  to 
make  up  the  legal  weight,  except  that  this  section  shall  not  apply  to 
rolls  or  to  fancy  bread  weighing  less  than  one-quarter  of  a  pound. 
Every  loaf,  half-loaf  or  quarter-loaf  of  bread  which  does  not  weigh 
the  full  weight  required  by  this  section  shall  be  plainly  labeled  with 
the  exact  weight. 


1  This  section  is  in  conflict  with  section  83^111,  which  requires  the  sale  of  berries  bv 
dry  measure.  J 

517—26 18 


272  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  83-120.  Butter,  weight  of;  to  be  labeled,  when. — A  print  or 
package  of  butter  shall  contain  sixteen  ounces  avoirdupois,  and  when 
a  print  or  package  of  butter  containing  less  than  sixteen  ounces 
avoirdupois  shall  be  sold  its  net  weight  shall  be  disclosed  by  the 
seller  to  the  buyer,  or  a  statement  of  the  net  weight  be  made  upon  a 
label  attached  thereto. 

Sec.  83-121.  Use  of  false  weight  or  measure;  penalty  for;  prima  facie 
evidence;  leakage,  evaporation;  variation;  tolerances. — A  person  who, 
by  himself  or  by  his  servant  or  agent,  or  as  the  servant  or  the  agent 
of  another,  uses  a  weight,  measure,  balance  or  measuring  device  that 
is  false  and  does  not  conform  to  the  authorized  standard  for  deter- 
mining the  quantity  of  any  commodity  or  article  of  merchandise, 
or  sells  or  exposes  for  sale  less  than  the  quantity  which  he  represents, 
or  sells  or  offers  for  sale  commodities  in  a  manner  contrary  to  law, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction 
thereof  be  fined  in  a  sum  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  ninety  days,  or  by  both  such  fine  and  imprisonment.  He 
shall  also  be  liable  to  the  injured  party  in  double  the  amount  of  the 
property  wrongfully  taken  or  not  given,  and  ten  dollars  in  addition 
thereto,  to  be  recovered  in  any  court  of  competent  jurisdiction.  The 
selling  and  delivery  of  any  commodity  or  article  of  merchandise 
shall  be  prima  facie  evidence  of  representations  on  the  part  of  the 
vendor  that  the  quantity  sold  and  delivered  was  the  quantity  bought 
by  the  vendee.  There  shall  be  taken  into  consideration  the  usual 
and  ordinary  leakage,  evaporation  or  waste  that  there  may  be  from 
the  time  the  package  is  filled  by  the  vendor  until  the  selling  of  the 
same ;  a  slight  variation  from  the  stated  weight,  measure  or  quantity 
for  individual  packages  is  permissible,  provided  this  variation  is  as 
often  abo^e  as  below  the  weight,  measure  or  quantity  stated. 

Sec.  83-122.  State  sealer,  who  is;  duties  of. — The  chancellor  of  the 
University  of  Kansas,  at  Lawrence,  shall  be  ex  officio  State  sealer 
of  weights  and-  measures  (hereafter  referred  to  in  this  act  as  the 
State  sealer) ,  and  shall  have  the  care  and  custody  of  the  authorized 
public  standards  of  weights  and  measures  and  of  balances  and 
other  apparatus  of  all  kinds  owned  by  the  State  under  section  1  [sec- 
tions 83-101]  of  this  act.  He  shall  maintain  the  State  standards 
in  good  order  and  submit  them  at  least  once  in  every  ten  years  to 
the  National  Bureau  of  Standards  for  verification.  He  shall  com- 
pare and  adjust  by  the  State  standards  all  county,  municipal  and 
other  official  standard  weights,  measures,  balances  and  measuring 
devices  which  may  be  sent  or  brought  to  him  for  that  purpose,  and 
shall  seal  the  same  when  found  or  made  to  conform  to  the  State 
standards,  by  stamping  upon  each  the  letter  "  K  "  and  the  last  two 
figures  of  the  year  in  which  the  said  comparison  and  adjustment 
has  been  made,  with  seals  which  he  shall  have  and  keep  for  that 
purpose:  Provided,  That  he  may  refuse  to  compare  and  seal  any 
weights,  measures,  balances  or  measuring  devices  as  standards  for 
any  county,  municipality  or  public  offices  which  do  not  conform 
to  the  type  approved  by  the  National  •  Bureau  of  Standards  for 
such  use. 

Sec.  83-123.  State  sealer  may  try  and  approve  apparatus  on  request. — 
The  State  sealer  may  try  and  prove  weights,  measures,  balances  and 


KANSAS  273 

other  measuring  devices  on  request  for  any  person,  corporation  or 
institution,  and  when  the  same  are  found  or  made  to  conform  to 
the  State  standards,  and  otherwise  fulfill  such  reasonable  require- 
ments as  he  shall  make,  he  may  seal  the  same  with  a  seal  which  he 
shall  have  and  keep  for  that  purpose. 

Sec.  83-124.  Kecord;  report,  to  whom  made. — The  State  sealer  shall 
keep  a  record  of  all  of  the  weights,  measures,  balances,  or  other 
measuring  devices  sealed  or  condemned  by  him,  and  shall  make  an 
annual  report  to  the  governor,  on  or  before  January  1,  of  each  year, 
a  copy  of  which  shall  be  filed  with  the  National  Bureau  of  Stand- 
ards. He  shall  issue  from  time  to  time  regulations  for  the  guidance 
of  county,  municipal,  and  all  other  inspectors  or  sealers  of  weights 
and  measures,  and  the  said  regulations  shall  govern  the  procedure 
to  be  followed  by  the  aforesaid  officers  in  the  discharge  of  their 
duties. 

Sec.  83-125.  Deputy,  appointment  of. — The  State  sealer  may  appoint 
a  deputy  State  sealer,  who  shall  perform  such  duties  as  may  be 
prescribed  by  the  State  sealer,  and  he  shall  be  a  member  of  the 
faculty  of  the  State  University  and  receive  no  other  compensation 
than  his  salary  as  a  member  of  the  faculty. 

Sec.  83-126.  County  clerk  is  county  sealer;  duties  of. — The  county 
clerk  of  each,  county  shall  be  the  sealer  of  weights  and  measures 
for  the  county,  and  shall  have  the  care  and  custody  of  the  county 
standards.  He  shall  procure,  when  ordered  by  the  board  of  county 
commissioners,  at  the  expense  of  the  county,  when  not  already  pro- 
vided, a  full  set  of  weights,  measures,  balances  and  measuring  de- 
vices, which  he  shall  cause  to  be  tried,  proved  and  sealed  by  the 
State  standards  under  the  direction  of  the  State  sealer.  He  shall 
maintain  the  standards  and  other  apparatus  under  his  charge  in 
good  order  and  repair  and  submit  the  same  to  the  State  sealer  for 
verification  when  in  the  judgment  of  the  commissioners  it  seems 
necessary. 

Sec.  83-127.  Standards  for  county  and  local  sealers. — Sets  of  stand- 
ards for  county  and  local  sealers,  if  procured,  shall  include  the  fol- 
lowing weights,  measures  and  balances,  and  they  shall  be  of  a  type 
approved  for  such  use  by  the  State  sealer :  One  yard  measure  divided 
into  feet  and  inches,  and  at  least  one  of  the  inches  divided  into 
thirty-seconds  of  an  inch.  Dry  capacity  measures :  One  half -bushel, 
one  peck,  one  quart,  and  one  pint.  Liquid  capacity  measures:  One 
gallon,  one  quart,  and  one  pint.  Avoirdupois  pound  weights  in  the 
following  number  and  denominations :  One  fif ty-pound,  one  twenty- 
pound,  two  ten-pound,  one  five-pound,  two  two-pound,  and  one  one- 
pound.  Avoirdupois  ounce  and  fractional  ounce  weights  in  the  fol- 
lowing number  and  denomination :  One  eight-ounce,  one  four-ounce, 
one  two-ounce,  two  one-ounce,  one  one-half-ounce,  one  one-quarter- 
ounce,  one  one-eighth-ounce,  and  two  one-sixteenth-ounce.  Twenty 
test  weights  each  of  fifty  pounds  for  testing  platform  scales  and  other 
large  scales,  if  the  same  are  to  be  tested.  One  equal-arm  balance  of 
capacity  of  fifty  pounds  to  one-sixteenth  of  an  ounce. 

Sec.  83-128.  County  and  local  sealers,  duties  of. — The  several  county 
and  local  sealers  shall  try  and  prove  all  weights,  measures,  bal- 
ances and  measuring  devices  when  requested  so  to  do,  and  when 
the  same  are  found  or  made  to  conform  to  the  authorized  standards 


274  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

they  shall  seal  and  mark  such  weights,  measures,  balances  and  meas- 
uring devices  with  a  seal  to  be  kept  by  them  for  that  purpose.  When 
any  weight,  measure,  balance  or  measuring  device  is  found  by  any 
authorized  inspector  or  sealer  to  be  false  or  untrue  or  not  of  an  ap- 
proved type,  or  which  does  not  conform  to  the  standards,  or  which 
cannot  be  made  to  conform  to  the  standards  by  such  means  as  the 
said  inspector  or  sealer  may  have  at  his  disposal,  he  shall  condemn 
the  same  and  mark  it  condemned  in  a  conspicuous  manner,  and  such 
condemnation  mark  shall  not  be  removed  or  defaced  except  by  au- 
thorization of  the  said  inspector  or  sealer. 

See.  83-129.  County  clerk  neglecting  standards;  penalty  for. — Any 
county  clerk  who  neglects  to  keep  the  standards  under  his  charge  in 
good  order  or  repair,  or  who  suffers  any  of  them  through  his  neglect 
to  be  lost,  damaged  or  destroyed,  or  who  fails  to  perform  any  of 
the  duties  imposed  upon  him  by  this  act,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor 
more  than  two  hundred  dollars. 

Sec.  83-130  (al917).  Fees  of  sealers;  State  sealer  not  to  require  fees 
from  county  or  city. — Each  sealer  of  weights  and  measures,  including 
the  county  clerk  or  any  deputy  sealer  of  weights  and  measures,  shall 
receive  fees  as  follows:  One  dollar  for  inspecting  or  sealing  each 
platform  scale,  if  weighing  five  thousand  pounds  or  more,  and  fifty 
cents  if  weighing  less  than  that  amount;  for  sealing  or  marking  every 
beam,  ten  cents.  For  sealing  or  marking  measures  of  extensions, 
ten  cents  per  yard  or  fraction  thereof,  not  exceeding  fifty  cents  for 
any  one  measure.  For  sealing  or  marking  every  weight,  five  cents. 
For  sealing  or  marking  liquid  or  dry  measures,  ten  cents  for  each 
measure.  The  county  clerk  or  his  deputy  shall  be  entitled  to  collect 
from  the  owner  or  custodian  of  such  scales,  dry  measures,  liquid 
measures  or  measures  of  extension,  all  necessary  expenses  incurred 
by  such  county  clerk  or  his  deputy  in  performing  his  duties  as  county 
sealer  of  weights  and  measures.  The  State  sealer  shall  not  require 
any  fee  from  any  county  or  city,  and  all  fees  collected  by  the  State, 
county  or  city  sealer  shall  be  paid  into  the  State,  county  or  city  treas- 
ury, as  the  case  may  be. 

Sec.  83-131  (1909).  Sealers,  powers  of;  hindering,  etc.;  misdemeanor; 
penalty  for. — All  State,  county  and  local  sealers,  or  their  deputies 
and  other  authorized  inspectors  of  weights  and  measures,  shall  have 
full  power  to  enter  any  premises  in  or  on  which  any  weights,  meas- 
ures, balances  or  measuring  devices  may  be  located  or  used  for  the 
purposes  of  trade,  for  the  purpose  of  inspecting,  adjusting  and  seal- 
ing or  condemning  the  same.  Whoever  hinders,  obstructs,  or  in  any 
way  interferes  with  any  sealer  or  other  person  authorized  to  inspect 
weights  and  measures,  while  in  the  performance  of  said  inspection,  or 
whoever  fails  to  produce,  upon  demand  by  such  authorized  sealer  or 
inspector,  all  weights,  measures,  balances  or  measuring  devices  in  or 
upon  his  place  of  business  or  in  his  possession  for  use  in  manufacture 
or  trade,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  subject  to  a  fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars. 

Sec.  83-132.  Sealing  and  condemning,  when  misdemeanor;  penalty. — 
Any  State  or  local  sealer  or  deputy  who  shall  seal  any  weight,  meas- 


KANSAS  275 

ure,  balance  or  measuring  device  before  first  testing  and  making  the 
same  conform  to  the  authorized  standard,  or  who  shall  condemn  any 
weight,  measure,  balance  or  measuring  device  without  first  testing 
the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars. 

Sec.  83-133.  Eecord;  report. — The  several  county  and  municipal 
sealers  and  other  persons  authorized  to  inspect  weights  and  measures 
shall  keep  records  of  all  weights  and  measures,  balances  and  meas- 
uring devices  inspected,  sealed  or  condemned  by  them,  giving  the 
name  of  the  owner  or  agent,  the  place  of  business,  the  date  of  inspec- 
tion, and  kind  of  apparatus  so  inspected,  sealed  or  condemned,  and 
shall  make  an  annual  report  of  the  same  to  the  State  sealer  on  or 
before  the  first  day  of  September  of  each  year,  giving,  in  addition  to 
the  above,  an  inventory  of  the  standards  and  apparatus  in  his  pos- 
session, and  such  other  information  as  he  may  deem  important  or 
that  the  State  sealer  may  require. 

Sec.  83-134.  Cities  and  municipalities  may  appoint  sealer  and  deputy, 
etc. ;  city  standards  to  be  tried. — Any  city  or  municipality  in  the  State 
may  establish  a  department  of  public  inspection  of  weights  and  meas- 
ures, and  shall  have  power  to  appoint  a  sealer  and  deputies  and  fix 
their  compensation,  and  to  pass  such  ordinances  not  in  conflict  with 
the  State  laws  as  may  be  deemed  necessary ;  and  if  a  city  or  munici- 
pality shall  establish  such  a  department  it  shall  provide  the  sealer 
with  suitable  quarters,  a  set  of  standards  as  hereinbefore  specified  in 
this  act,  and  all  other  equipment  for  the  proper  performance  of  his 
duties.  All  city  and  municipal  standards  shall  be  tried,  proved  and 
sealed  under  the  direction  of  the  State  sealer,  and  shall  be  returned 
to  him  for  verification  at  least  once  in  every  five  years. 

Sec.  83-135.  Sealers  may  try  weights,  etc.,  when. — The  county  or 
local  sealer  who  may  have  reason  to  believe  that  any  weight,  measure, 
balance  or  measuring  device  used  in  trade  is  inaccurate,  or  not  ac- 
cording to  the  standard,  shall  have  authority  to  make  an  immediate 
examination  of  the  same  and  require  that  the  same  be  tried  and  tested 
and  conform  to  the  standards  herein  required. 

Sec.  83-136.  State  board  of  health  to  cooperate  with  sealers,  and 
procure  sets  of  standards;  evidence  in  court. — It  is  hereby  made  the 
duty  of  the  State  board  of  health,  and  its  several  food  and  drug  in- 
spectors, to  cooperate  with  the  State  and  local  sealers  in  carrying  out 
the  provisions  of  this  act  and  all  other  acts  relating  to  weights  and 
measures,  and  the  said  food  and  drug  inspectors  are  hereby  authorized 
and  empowered  to  act  as  inspectors  of  weights  and  measures  used  in 
trade.  The  State  board  of  health  shall  procure,  at  the  expense  of 
the  State,  a  full  set  of  standard  weights,  measures  and  balances, 
including  sets  of  standard  apothecary's  weights  and  measures,  and 
cause  the  same  to  be  proved  and  sealed  by  the  State  standards  under 
the  direction  of  the  State  sealer,  together  with  the  necessar}'  work- 
ing sets  of  weights,  measures,  balances  and  measuring  devices  for 
the  use  of  the  said  inspectors,  which  must  be  officially  sealed,  and 
such  weights  and  measures,  balances  and  measuring  devices  provided 
for  such  inspectors  shall  be  competent  evidence  in  all  courts  in  this 
State  in  criminal  or  civil  actions. 

Sec.  83-137  (1885).  Weight  of  gallon  of  various  oils. — Whenever  any 
of  the  following  named  articles  shall  be  contracted  for  or  sold  or 


276  LAWS   CONCEBNLNG   WEIGHTS  AND   MEASUBES 

delivered  by  wholesale  or  in  the  original  packages  within  the  State 
of  Kansas,  and  no  special  contract  or  agreement  shall  be  made  to 
the  contrary,  such  sale  and  all  computations  for  payment  and  settle- 
ment therefor  shall  be  by  weight.  The  weight  per  gallon  shall  be 
as  follows : 2 


Pounds 
Naphtha 5% 

Kerosene  oil 6% 

Paraffine  oil 7% 

Castor  oil 8 

Olive  oil 7% 

Linseed  oil,  raw 7% 

Linseed  oil,  boiled 7% 

Menhaden  oil 7% 


Pounds 

Cod-liver  oil 7% 

Whale  oil 7% 

Lard  oil 7% 

Neat's-foot  oil 7y2 

Sperm  oil 7% 

Turpentine 7 

Miners'  oil 7% 

Gasoline 7% 


Sec,  83-138.  Penalty. — Whoever  in  buying  any  of  the  articles  men- 
tioned in  the  preceding  section  shall  take  any  greater  number  of 
pounds  thereof  to  the  gallon,  or  in  selling  any  of  the  said  articles 
shall  give  any  less  number  of  pounds  thereof  to  the  gallon,  than  is 
allowed  by  said  section,  with  intent  to  gain  advantage  thereby,  ex- 
cept when  expressly  authorized  so  to  do  by  special  contract  or  agree- 
ment to  that  effect,  shall  be  liable  to  the  party  injured  in  double  the 
amount  or  value  of  the  property  so  wrongfully  taken  or  not  given, 
and  ten  dollars  in  addition  thereto,  to  be  recovered  in  any  court  of 
competent  jurisdiction. 

Sec.  83-139  (1905).  No  deduction  from  weight  of  grain,  etc.;  pen- 
alty.— Every  sale  of  grain,  seed,  hay  or  coal  shall  be  deemed  to  be 
made  on  the  basis  of  the  actual  weight  thereof,  unless  a  different 
basis  is  established  by  the  express  agreement  of  the  parties  to  the 
transaction.  Any  purchaser  of  grain,  seed,  hay  or  coal  who,  with- 
out express  agreement  with  the  seller  thereof,  shall  knowingly 
deduct  any  quantity  or  amount  from  the  actual  weight  or  measure 
of  the  article  purchased,  and  withhold  payment  therefor  under 
claim  of  right  so  to  do  by  reason  of  any  custom,  rule  of  a  board 
of  trade  or  any  other  pretense  whatsoever,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  subject  to  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 
No  agent  or  broker  selling  grain,  seed,  hay  or  coal  for  the  owner 
thereof  shall  be  presumed  to  have  authority  to  sell  any  grain,  seed, 
hay  or  coal  on  a  basis  other  than  that  of  the  actual  weight  or  quan- 
tity thereof,  but  express  authority  to  allow  any  deduction  must  be 
proved. 

Sec.  83-140.  Penalty. — In  case  any  purchaser  of  grain,  seed,  hay  or 
coal  shall  deduct  any  amount  from  the  actual  weight  or  measure 
thereof,  and  shall  knowingly  withhold  from  the  seller  the  purchase- 
price  of  the  quantity  so  deducted  without  the  express  agreement 
of  the  seller  thereof,  such  seller  may  recover  from  such  purchaser 
three  times  the  amount  so  withheld,  together  with  reasonable  at- 
torney's fees,  to  be  taxed  in  each  court  in  which  the  action  may  be 
brought  or  to  which  an  appeal  may  be  taken. 

Eev.  Stats.,  1923,  ch.  13,  Art.  4,  p.  105. 

Sec.  13-401  (1903).  Powers  of  cities  of  the  first  class. — The  govern- 
ing body  shall  have  the  care,  management  and  control  of  the  city 

s  For  convenience  in  printing  a  slight  change  hass  been  made  in  arrangement  of  these 
articles, 


KANSAS  277 

and  its  property  and  finances;  and  shall  hare  power  to  enact  ordi- 
nances for  all  the  purposes  named  and  provided  for  in  this  article 
not  repugnant  to  the  constitution  and  laws  of  this  State,  and  to 
alter,  amend,  modify  and  repeal  such  ordinances. 

Sec.  13-437.  Weights  and  measures. — To  prescribe  rules  for  weigh- 
ing and  measuring  every  kind  of  commodity  sold  in  the  city,  in  all 
cases  not  otherwise  provided  for  by  law,  and  may  provide  for  the 
inspection  of  grain  and  weighing  of  hay,  grain,  coal,  and  measuring 
of  wood  and  other  fuel,  and  determine  the  place  or  places  of  weigh- 
ing or  measuring  the  same,  and  regulate  and  prescribe  the  place  or 
places  of  exposing  for  sale  hay,  coal,  and  wood,  and  fix  the  fees 
and  duties  of  the  persons  authorized  to  perform  the  duties  named 
in  this  section;     *  .  *     * 

Sec.  13-527  (al915).  Appointment  of  weighers. — The  mayor,  by  and 
with  the  consent  of  the  council,  or  the  city  commission,  as  the  case 
may  be,  may  appoint  a  city  engineer,  *  *  *  weighmaster,  in- 
spector and  weigher  of  produce,  *  *  *.  But  no  officer  shall  be 
appointed  until  his  term  of  office  and  salary  shall  have  been  fixed  by 
ordinance ;     *     *     * 

Rev.  Stats.,  1923,  ch.  14,  Art.  1,  p.  174. 

Sec.  14-101  (al889).  Cities  of  second  class. — All  cities  now  organized 
and  acting  as  cities  of  the  second  class,  by  virtue  of  the  authority  of 
former  acts,  and  all  cities  hereafter  attaining  a  population  of  over 
two  thousand  and  not  exceeding  fifteen  thousand  inhabitants,  shall 
be  governed  by  the  provisions  of  this  act;  and  whenever  any  city 
shall  have  hereafter  attained  a  population  exceeding  two  thousand 
inhabitants,  and  such  facts  shall  have  been  duly  ascertained  and  cer- 
tified by  the  proper  authorities  of  such  city  to  the  governor,  he  shall 
declare,  by  public  proclamation,  such  city  subject  to  the  provisions 
of  this  act. 

Sec.  14-426  (1872).  Powers  of  council;  enforce  weighing  of  all  com- 
modities sold;  cities  of  the  second  class. — The  council  may  prescribe  rules 
for  the  weighing  and  measuring  of  every  commodity  sold  in  the  city 
in  all  cases  not  otherwise  provided  for  by  law,  and  may  provide  for 
the  inspection  and  weighing  of  hay,  grain  and  coal,  the  measuring  of 
wood  and  fuel,  and  determine  the  place  or  places  of  the  same,  and 
regulate  and  prescribe  the  place  or  places  of  exposing  for  sale  hay, 
coal  and  wood,  and  fix  the  fees  and  duties  of  the  persons  authorized 
to  perform  the  duties  named  in  this  section. 

Rev.  Stats.,  1923,  ch.  15,  Art.  1,  p.  204. 

Sec.  15-441  (1883).  Additional  powers,  cities  of  third  class. — In  addi- 
tion to  the  other  powers  provided  by  law,  the  governing  body  of 
cities  of  the  third  class  may  provide  by  ordinance  for  the  inspection 
and  weighing  of  hay,  grain,  coal,  cattle  and  hogs,  and  for  the  measur- 
ing of  wood  for  fuel,  and  determine  the  place  or  places  of  the  same, 
and  regulate  and  prescribe  the  place  or  places  of  exposing  for  sale 
hay,  coal,  and  wood ;  may  purchase  and  locate  scales  for  such  weigh- 
ing, appoint  a  weighmaster,  and  prescribe  his  duties  and  fees.  The 
council  shall  require  such  weighmaster  to  give  a  proper  bond  to  the 
city,  for  the  faithful  performance  of  his  duties:  Provided,  That  in 
no  case  shall  there  be  any  greater  charge  made  for  weighing  than 
five  cents  for  a  single  draft, 


278  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Rev.  Stats.,  1923,  eh.  50,  p.  756. 

Sec.  50-131  (1899).  Fraud  in  weight  of  shipment;  penalty. — If  any 
person,  company  or  corporation  doing  business  in  Kansas  shall  make 
any  agreement,  expressed  or  implied,  or  by  any  understanding  or  com- 
bination with  any  person,  company  or  corporation  within  or  without 
the  State,  by  which  any  shipper  of  seeds,  grains,  hay  or  livestock  is 
defrauded  out  of  any  portion  of  the  net  weight  of  any  consignment 
of  grain,  seeds,  hay,  or  livestock,  all  such  agreements  or  combina- 
tions are  hereby  declared  to  be  in  restraint  of  trade,  and  any  such 
person,  company  or  corporation  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  in  the  sum  of  not  less 
than  one  hundred  dollars  and  not  exceeding  one  thousand  dollars  for 
each  offense. 

Rev.  Stats.,  1923,  ch.  65,  Art.  7,  p.  1018. 

Sec.  65-707  (1921).  Ice  cream,  weight  of.—  *  *  *  (E)  (2)  Ice 
cream  offered  for  sale  or  sold  shall  weigh  not  less  than  four  and 
three-quarters  pounds  per  gallon.  Violation  of  this  provision  shall 
subject  the  offender  to  the  penalties  of  this  act. 

Rev.  Stats.,  1923,  ch.  65,  Art.  6,  p.  1014. 

Sec.  65-602  (al907).  Misbranding  of  weight  on  packages  of  food. — 

*  *  *  That  any  person  who  shall  sell,  keep  for  sale  or  offer  for 
sale,  *  *  *  any  article  of  food  *  *  *  which  is  adulter- 
ated or  misbranded,  within  the  meaning  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  for  each  offense  shall  upon  conviction  thereof 
be  fined  in  a  sum  not  to  exceed  fifty  dollars  or  be  imprisoned  in  the 
county  jail  not  exceeding  one  year,  or  be  both  fined  and  imprisoned, 
in  the  discretion  of  the  court. 

Sec.  65-608  (al909).  Misbranding  of  weight  on  packages  of  food. — 

*  *  *  That  for  the  purpose  of  this  act  an  article  shall  also  be 
deemed  to  be  misbranded —  *  *  *  in  the  case  of  foods :  *  *  * 
third,  if  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight,  measure  or  quantity,  the  net  weight,  measure  or  quantity  is 
not  plainly  and  correctly  stated  on  the  outside  of  the  pack- 
age;    *     *     * 

Rev.  Stats.,  1923,  ch.  2,  Art.  10,  p.  9. 

Sec.  2-1002  (al923).  Commercial  feeding  stuff,  net  weight  to  be 
marked. — Every  lot  or  parcel  of  commercial  feeding  stuff  sold,  offered 
or  exposed  for  sale  or  distributed  within  this  State  shall  have  affixed 
thereto  a  tag  or  label,  in  a  conspicuous  place  on  the  outside  thereof, 
containing  a  legible  and  plainly  printed  statement  in  the  English 
language  clearly  and  truly  certifying:  (a)  The  net  weight  of  the 
contents  of  the  package,  lot,  or  parcel ;  (5)  the  name,  brand,  or  trade- 
mark; (c)  the  name  and  principal  address  of  the  manufacturer,  or 
person  responsible  for  placing  the  commodity  on  the  market ;    *    *    * 

Rev.  Stats.,  1923,  ch.  47,  Art.  5,  p.  721. 

Sec.  47-503  (1913).  Live  stock  remedy  to  be  marked  with  net  con- 
tents.— Every  sack,  box,  carton,  or  other  package  of  live  stock 
remedy  sold,  offered  or  exposed  for  sale,  or  distributed  within  this 
State  shall  have  a  tag  or  label  affixed  thereto  in  a  conspicuous  place 


KANSAS  279 

on  the  outside  thereof  bearing  a  legible  and  plainly  printed  state- 
ment in  the  English  language  clearly  and  truly  certifying :  First,  the 
name  and  principal  address  of  the  manufacturer  or  person  responsible 
for  placing  such  live  stock  remedy  on  the  market ;  second,  the  name, 
brand,  or  trade-mark  under  which  the  live  stock  remedy  is  sold ;  third 
the  minimum  net  contents  of  the  sack,  box,  carton,  or  other  package. 

Rev.  Stats.,  1923,  ch.  34,  p.  568. 

Sec.  34-101  (al919).  State  grain  inspection  department  established. — 
That  a  department  of  record  for  the  inspection,  sampling,  sampling 
for  inspection  and  weighing  of  grain  is  hereby  established,  to  be 
called  the  State  grain  inspection  department.  Said  department  shall 
have  full  charge  of  the  inspection,  sampling,  sampling  for  inspec- 
tion and  weighing  of  grain  at  all  railroad  terminals,  public  ware- 
houses and  mills,  or  other  points  within  the  State  wherever  the 
business  transacted  will,  by  the  fees  provided  by  law,  pay  the 
salary  of  an  assistant  inspector  and  weighmaster,  or  wherever,  upon 
request  by  parties  interested,  to  the  chief  inspector,  he  may  establish 
inspection  and  arrange  that  the  officer  in  charge  accept  as  full  com- 
pensation for  his  services  an  amount  equal  to  the  net  revenue  ob- 
tained at  such  a  place,  or  a  guaranteed  salary  by  the  industries  at 
such  station:  Provided,  That  the  owner  may  direct  that  his  grain 
may  not  be  inspected  by  writing  or  stamping  upon  the  bill  of  lading 
thereof  "  No  inspection  desired,"  or  words  to  that  effect. 

Rev.  Stats.,  1923,  ch.  75,  p.  1253. 

Sec.  75-1701  (1907).  Appointment  of  chief  inspector. — It  shall  be  the 
duty  of  the  governor  to  appoint  a  suitable  person,  to  be  confirmed 
by  the  senate,  who  shall  be  known  as)  the  chief  inspector  of  grain 
for  the  State  of  Kansas,  whose  term  of  service  as  such  shall  con- 
tinue for  two  years  from  date  of  his  appointment,  unless  removed 
for  cause.  Said  inspector  shall  not,  directly  or  indirectly,  be 
interested  in  buying  or  selling  grain,  either  on  his  own  account  or 
for  others,  nor  shall  he  be  directly  or  indirectly  interested  in  han- 
dling or  storing  grain  as  a  public  warehouseman  or  on  private  ac- 
count during  his  term  of  office. 

Sec.  75-1703  (al921).  Chief  inspector  and  assistants;  duties. — The 
chief  inspector  shall  be  authorized  to  recommend  to  the  governor 
suitable  inspector  and  supervising  inspector,  who  shall  be  qualified  to 
superintend  the  work  of  the  inspectors  and  other  emploj^ees  and 
assist  the  chief  inspector  in  the  executive  duties  of  the  department. 
The  chief  inspector  shall  be  authorized  to  recommend  to  the  gov- 
ernor a  suitable  person  as  a  supervising  weighmaster  who  shall  be 
qualified  to  superintend  the  work  of  the  weighmasters  at  the  various 
inspection  points  within  the  State.  The  chief  inspector  shall  be  au- 
thorized to  recommend  to  the  governor  suitable  and  qualified  persons 
as  assistant  inspectors  or  assistant  weighmasters  to  be  acting  inspec- 
tors or  weighmasters,  in  the  absence  of  the  chief  inspector,  who  shall 
not  be  interested  in  any  public  or  private  grain  warehouse,  or  in 
buying  or  selling  of  grain,  either  directly  or  indirectly,  and  also  such 
other  employees  as  may  be  necessary  to  properly  conduct  the  business 
of  his  office;  and  the  governor  shall  be  authorized  to  make  such  ap- 
pointments, if  found  by  him  to  be  necessary. 


280  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Kev.  Stats.,  1923,  ch.  34,  p.  568. 

Sec.  34-102  (al921).  Powers  and  duties  of  chief  inspector. — It  shall 
be  the  duty  of  the  chief  inspector  to  have  a  general  supervision  of 
the  inspection,  sampling,  sampling  for  inspection  and  weighing  of 
grain,  as  required  by  this  act  or  the  laws  of  the  State;  to  supervise 
the  handling,  inspection,  sampling,  sampling  for  inspection  and 
weighing  and  storage  of  grain;  to  establish  necessary  rules  and  regu- 
lations therefor,  and  for  the  management  of  the  public  warehouses  of 
the  State,  as  such  rules  and  regulations  may  be  necessary  to  enforce 
the  provisions  of  this  act  or  any  law  of  this  State  in  regard  to  the 
same;  to  keep  proper  records  of  all  the  inspection,  sampling,  sam- 
pling for  inspection  and  weighing  done  into  and  out  of  warehouses 
licensed  by  law  to  do  business  in  this  State,  for  which  purpose 
he  shall  have  provided  books,  blanks  and  other  material  needed  in 
order  to  keep  perfect  and  proper  records.  He  shall  investigate  all 
complaints  of  fraud  or  oppression  in  the  grain  trade,  and  correct 
the  same  so  far  as  may  be  in  his  power.  It  is  hereby  declared  un- 
lawful for  boards  of  trade,  chambers  of  commerce,  or  any  civic  or 
commercial  organizations  of  similar  character,  to  have  charge  of 
weighing  or  issue  certificates  of  weight  on  grain  at  any  point  within 
the  State.  All  certificates  of  weight,  except  those  issued  by  private 
industries  for  the  purpose  of  making  settlement  with  their  own  cus- 
tomers, shall  be  issued  by  officials  or  employees  of  the  Kansas  State 
grain  inspection  and  weighing  department,  on  the  regular  form  of 
weight  certificate  adopted  and  approved  by  the  chief  inspector.  All 
scales  over  which  official  State  weights  of  carlots  of  grain  are  taken 
shall  be  equipped  with  type-registering  beams,  in  order  that  an 
original  punched  scale  ticket  may  be  taken  of  each  draft  weighed. 
The  original  punched  scale  tickets  shall  become  the  property  of  the 
Kansas  State  grain  inspection  and  weighing  department,  and  shall 
be  filed  as  a  record  of  the  weight.  It  is  hereby  declared  unlawful 
for  any  person,  company  or  corporation  to  install  or  continue  to 
maintain  at  any  elevator,  mill  or  warehouse  where  official  State 
weights  are  given,  any  blower,  suction  fan,  cleaner  or  other  device 
for  the  purpose  of  removing  dirt,  seeds,  sticks,  chaff  or  any  like  sub- 
stance from  grain  unloaded  into  said  elevator,  mill  or  warehouse 
before  the  grain  has  been  officially  weighed.  It  is  hereby  declared  to 
be  unlawful  for  any  person,  persons,  firm  or  corporation  to  in  any 
manner  change  or  alter  an  official  State  inspection  or  weight  certificate 
after  it  has  been  issued.  Where  an  official  State  weight  certificate  has 
been  issued  on  any  lot  of  grain  the  purchaser  must  make  settlement  on 
the  basis  of  the  amount  of  grain  shown  on  the  said  weight  certifi- 
cate. Any  person,  persons,  firm  or  corporation,  who  shall  violate 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  a  sum  not  less  than  one  hundred 
dollars  or  more  than  five  hundred  dollars  or  imprisoned  in  the  county 
jail  for  a  period  of  not  less  than  thirty  days  or  more  than  one  year 
or  both  fine  and  imprisonment. 

Sec.  34-103  (al920).  Fees;  collection  of  fees;  penalty  for  refusing 
officers  access  to  scales,  elevators,  etc. — That  the  fees  for  services  of  the 
officers  of  the  department  shall  not  exceed  the  following,  but  may  be 
reduced  by  the  chief  inspector  when  in  his  judgment  such  reduced 
fees  will  pay  the  running  expenses  of  this  department :  For  inspect- 


KANSAS  281 

ing  or  sampling  each  carload,  and  moisture  tests,  one  dollar;  for 
inspecting  each  wagon  or  cart  load,  ten  cents ;  for  weighing  in  or  out 
of  elevators  or  warehouses,  one  dollar  per  car;  duplicate  certificates 
ordered  after  service  is  performed,  ten  cents;  extra  moisture  tests, 
twenty -five  cents;  extra  samples,  twenty-five  cents.  The  chief  in- 
spector shall  have  the  power  to  fix  the  manner  in  which  the  fees  shall 
be  collected.  In  case  any  persons,  warehouse  or  railroad  corporation 
or  any  of  their  agents  or  employees  shall  refuse  or  prevent  the 
officers  of  the  department  from  having  access  to  their  scales,  ele- 
vators, warehouses  and  other  places  in  the  regular  performance  of 
their  duties  in  inspecting,  sampling,  sampling  for  inspection  and 
weighing  grain  or  other  property  in  accordance  with  the  tenor  and 
meaning  of  this  act  or  any  other  law  now  in  force  or  that  may  be 
enacted  in  relation  to  the  same,  such  persons  or  corporations  shall  be 
guilty  of  a  misdemeanor. 

Sec.  34-104  (1915).  Charges  for  inspection,  sampling  and  weighing 
of  grain  in  transit  treated  as  advanced  charges  and  paid  by  carrier. — That 
the  charges  for  inspection,  sampling  and  weighing  of  grain  so  in- 
spected, sampled  or  weighed,  and  whenever  such  grain  is  in  transit 
the  said  charges  shall  be  treated  as  advanced  charges,  shall  be  col- 
lected and  paid  by  the  common  carrier  in  whose  possession  the  same 
is  at  the  time  of  such  inspection,  sampling  or  weighing. 

Sec.  34-105.  Neglect  of  duty;  inspecting,  grading  or  weighing  grain 
improperly;  accepting  money  for  such  neglect  of  duty,  etc.;  punish- 
ment.— That  any  duly  authorized  chief  inspector,  assistant  inspector 
or  weighmaster  of  grain  under  this  act  who  shall  be  guilty  of 
neglect  of  duty,  or  who  shall  knowingly  or  carelessly  inspect,  grade 
or  weigh  any  grain  improperly,  or  who  shall  accept  any  money 
or  other  valuable  consideration,  directly  or  indirectly,  for  any 
neglect  of  duty  as  such  grain  inspector,  assistant  inspector  or  weigh- 
master, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion shall  be  fined  in  the  sum  of  not  less  than  five  hundred  dollars 
nor  more  than  one  thousand  dollars,  or  shall  be  imprisoned  in  the 
county  jail  not  less  than  six  months  nor  more  than  twelve  months, 
or  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court, 
and  upon  conviction  of  any  such  offense,  such  chief  inspector,  assist- 
ant inspector  or  weighmaster  shall  forfeit  his  office. 

Sec.  34-107.  Chief  inspector,  assistants,  etc.,  to  have  exclusive  control 
of  inspection,  etc.,  where  inspection  established;  certificate  of  officer 
conclusive  unless  appealed  from. — That  the  chief  inspector  and  assist- 
ants and  officers  of  the  grain  inspection  department  shall  have  ex- 
clusive control  of  the  inspection,  sampling,  sampling  for  inspection 
and  weighing  of  grain  in  all  places  where  inspection,  sampling, 
sampling  for  inspection  or  weighing  is  or  shall  be  established  under 
this  act;  the  action  and  certificate  of  such  officer  shall  be  conclusive 
to  all  parties  interested,  unless  appealed  from  as  provided  by  law. 

Sec.  34-113  (1905).  Weight  to  be  furnished  shipper.— That  any 
shipper  of  grain,  which  grain  has  been  weighed  by  the  grain  inspec- 
tion department  of  this  State,  may,  on  request  in  writing  to  the 
chief  inspector  and  enclosing  a  stamp  for  reply,  receive,  and  it  shall 
be  the  duty  of  the  chief  inspector  to  furnish  such  shipper,  free  of 
charge,  the  weight  of  any  such  grain,  by  forwarding  to  him 
promptly  a  statement  showing  such  weights:  Provided,  That  such 


282  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

written  request  shall  set  forth  the  number  and  initials  of  the  cars, 
the  weights  of  which  are  so  desired. 

Sec.  34-114  (1921).  Track  and  hopper  scales,  testing  of;  fees. — All 
track  and  hopper  scales  in  the  State  over  which  grains  are  officially 
weighed  shall  be  tested  by  a  qualified  scale  expert  in  the  employ  of 
the  Kansas  grain  inspection  and  weighing  department.  The  fee  for 
such  test  shall  be  fifteen  dollars,  which  fee  shall  be  paid  by  the  in- 
dustry for  which  the  test  is  made,  but  in  no  case  shall  the  fees  ex- 
ceed thirty  dollars  for  any  scale  during  one  year:  Provided,  how- 
ever, That  any  party  interested  in  the  weighing  of  grain  over  any 
scale  may  request  a  test  at  any  time  and  upon  such  request  the  chief 
inspector  shall  cause  such  test  to  be  made.  If  the  scale  is  found 
incorrect  the  fee  for  the  test  shall  be  paid  by  the  owner  otherwise 
by  the  party  requesting  the  test.  The  fees  for  the  above  shall  be 
paid  to  the  chief  inspector  and  by  him  remitted  to  the  State  treas- 
urer and  credited  to  the  Kansas  State  grain  inspection  revolving 
fund  in  the  same  manner  as  other  fees  collected :  Provided,  No  fee 
shall  be  collected  from  any  railroad  company  owning  and  maintain- 
ing its  own  scales. 

Sec.  34-115.  Track  scale,  purchase  of  authorized. — The  chief  grain 
inspector  is  hereby  authorized  to  purchase  under  the  direction  and 
with  the  approval  of  the  executive  council  of  the  State  a  railroad 
scale  test  car,  for  testing  track  and  hopper  scales.  The  cost  of  said 
scale  test  car  shall  be  paid  for  out  of  the  grain  revolving  fund  in 
the  same  manner  as  the  other  expenses  of  the  grain  inspection  and 
weighing  department. 

Sec.  34-116  (1923).  Transportation  of  scale  test-weight  car  and  scale 
inspector. — Whereas,  it  is  necessary  to  convey  by  railway  the  scale 
test-weight  car  of  the  Kansas  State  grain  inspection  and  weighing 
department  from  place  to  place,  to  correct  scales  of  the  grain  indus- 
try of  the  State,  so  as  to  obtain  correct  weights  for  weighing  grain 
and  other  commodities ;  and  the  railroads  of  the  State  receive  a  good 
and  valuable  consideration  because  of  the  correction  of  the  weights 
of  the  grain  and  commodities  weighed  and  transferred  over  their 
lines;  and  that  no  charge  therefor  should  be  made  by  the  railroads 
for  hauling  and  transferring  said  car  and  that  the  railroads  shall 
furnish  free  transportation  for  the  scale  inspector  or  his  assistant. 

Sec.  34-117.  Duty  to  make  such  transportation. — That  all  railroads 
in  the  State  shall  be  and  are  hereby  required  to  haul  and  transfer 
on  their  lines  or  railroads  the  scale  test-weight  car  of  the  Kansas 
State  grain  inspection  and  weighing  department  free  of  charge  there- 
for, and  furnish  free  transportation  to  the  State  scale  inspector  of 
scales  or  his  assistant  or  deputy,  from  place  to  place,  as  directed  by 
the  chief  grain  inspector  of  the  State. 

Sec.  34-118  (1921).  Scale  test  car,  free  movement  of. — Every  rail- 
road or  common  carrier  shall  transport,  move  and  switch  to  any 
track  or  hopper  scale  in  the  State  over  which  the  Kansas  State 
grain  inspection  and  weighing  department  issues  official  weights, 
free  of  charge,  on  application  of  the  chief  grain  inspector  or  his 
authorized  agent,  any  scale  test  car  used  by  the  State  for  testing 
track  or  hopper  scales. 

Sec.  34-213  (al921).  Inspection  of  warehouse  scales;  penalty  for  use 
of  incorrect  scales. — *    *    *    and  all  scales  used  for  weighing  of  prop- 


KANSAS  283 

erty  in  terminal  or  local  public  warehouses  shall  be  subject  to  exami- 
nation and  test  by  any  duly  authorized  inspector,  weighmaster  or 
sealer  of  weights  and  measures,  at  any  time  when  required  by  any 
person  or  persons,  agent  or  agents,  whose  property  has  been  or  is  to 
be  weighed  on  said  scales.  Any  terminal  public  warehouseman  or 
local  public  warehouseman  who  may  be  guilty  of  continuing  to  use 
scales  found  to  be  in  an  imperfect  and  incorrect  condition  by  said 
examination  and  test,  until  the  same  have  been  pronounced  correct 
and  properly  sealed,  shall  be  liable  to  be  proceeded  against  as  here- 
inafter provided. 

Sec.  34-220  (1921).  Grain  standard  bushel. — No  person  purchasing, 
selling,  or  storing  grain  in  any  terminal  public  warehouse  or  local 
public  warehouse  in  this  State,  as  the  same  is  now  or  may  be  hereafter 
defined  by  law,  shall  use  any  other  measure  for  such  grain  than  the 
standard  bushel,  and  no  other  number  of  pounds  shall  be  used  or 
called  a  bushel  than  the  number  of  pounds  provided  by  law  as  the 
standard  weight  of  the  kind  of  grain  in  question. 

Sec.  34-315  (1917).  Weighing. — That  the  State  grain  inspector  shall 
cause  all  hay  and  straw  inspected  under  the  provisions  of  this 
act  to  be  weighed  by  his  department  at  such  places  as  may  be  pre- 
scribed by  the  rules  and  regulations  established  by  the  State  grain 
inspector :  Provided,  That  the  fee  for  such  weighing  shall  not  exceed 
fifty  cents  per  car. 

Rev.  Stats.,  1923,  ch.  66,  p.  1037. 

Sec.  66-250  (1893).  Track  scales. — That  each  and  every  railway 
company  operating  a  railway  wholly  or  partly  within  this  State 
shallj  on  or  before  the  first  day  of  July,  A.  D.  1893,  construct  and 
provide,  and  thereafter  keep  and  maintain  in  good  order,  a  track  or 
car  scale  of  sufficient  capacity  and  suitable  for  weighing  grain  in 
carload  lots  and  in  the  car,  at  each  and  every  town  or  station  upon 
its  line  of  railway  or  the  line  of  railway  operated  by  it,  from  which 
the  aggregate  of  grain  shipments  on  all  railways  shall  be  one  hun- 
dred cars  or  more  of  grain  and  seeds  during  the  year  1892. 

Sec.  66-251.  Points  entitled  to  scales;  proviso;  railway  may  accept 
shipper's  weights. — Any  town  or  station  not  now  entitled  to  track 
scales  under  this  act,  but  from  which  there  shall  hereafter  be 
shipped  in  any  calendar  year  one  hundred  cars  or  more  of  grain, 
seeds  or  hay,  shall  be  entitled  to  the  benefits  of  this  act;  and  any 
railway  company  operating  a  railway  upon  which  such  town  or 
station  is  located  shall  construct,  provide,  keep  and  maintain  a  track 
or  car  scale  at  such  town  or  station,  as  provided  by  section  one, 
within  six  months  after  the  expiration  of  such  calendar  year:  Pro- 
vided, however,  That  any  railway  company  may  elect  to  accept  the 
weights  of  any  public  weigher,  or  the  weights  of  the  shipper,  and 
shall  have  the  right  to  demand  that  the  weights  of  such  shipper 
shall  be  verified  by  affidavit;  and  in  case  they  so  elect,  shall  not  be 
required  to  put  in  scales,  and  shall  not  be  liable  to  the  penalties  pre- 
scribed in  this  act  for  failure  to  put  in  scales. 

Sec.  66-252.  Other  stations. — At  stations  not  entitled  to  car  scales 
by  the  provisions  of  this  act  it  shall  be  the  duty  of  such  railway 
company  to  weigh  at  one  of  the  stations  nearest  to  such  station 
having  no  such  scales,  and  such  cars  before  and  after  loading,  and  to 


284  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

give  to  such  shipper  a  like  receipt  as  provided  in  section  6  of  this 
act:  Provided,  That  such  weighing  before  loading  may  be  on  one 
side  of  the  point  of  shipment,  and  after  loading  on  the  other  side 
of  the  point  of  shipment. 

Sec.  66-253.  Manner  of  weighing. — Each  railway  company  operat- 
ing a  railway  at  any  station  or  town  in  this  State  entitled  to  track 
scales  under  this  act  shall  correctly  weigh  all  cars  immediately 
before  and  immediately  after  being  loaded  with  grain,  seeds  or  hay, 
said  cars  to  be  detached  from  engine  and  other  cars  when  weighed, 
and  such  weighing  to  be  done  in  the  presence  of  the  shipper  of  such 
grain  or  seeds,  if  so  demanded  by  him. 

Sec.  66-254.  Fees. — Such  railway  company  shall  be  entitled  to  collect 
and  receive  from  the  person  shipping  such  grain,  seed  or  hay,  the  sum 
of  twenty-five  cents  for  each  car  of  such  grain  or  seed  so  weighed,  as 
compensation  for  such  weighing. 

Sec.  66-258.  Penalty. — Any  railway  company  neglecting  for  six 
months  after  the  taking  effect  of  this  act  to  put  in  the  car  scales 
heretofore  provided  for  shall  be  liable  to  a  penalty  of  one  hundred 
dollars  per  day  for  each  station  at  which  such  neglect  occurs,  until 
the  same  is  put  in  as  herein  provided. 

Sec.  66-260  (1923).  Card  giving  weight  of  grain  in  car. — That  every 
shipper  of  grain  from  any  point  in  the  State  of  Kansas  shall  fasten 
upon  the  inside  of  each  car  shipped  by  him  a  card  giving  car  number, 
initial,  date  of  shipment,  and  the  exact  weight  of  grain  in  such  car 
as  claimed  by  shipper.  If  he  fails  so  to  do,  the  official  weight  shall 
be  prima  facie  evidence  of  the  quantity  of  grain  shipped  in  the  car. 

See.  66-279  (1913).  Railroads  maintain  scales  for  weighing  live 
stock. — It  shall  be  the  duty  of  every  railway  company  or  corporation 
owning  or  operating  a  line  or  railway  in  this  State,  to  construct 
and  maintain  scales  for  the  weighing  of  live  stock  at  all  stations 
where  live  stock  is  received  for  shipment:  Provided,  This  act  shall 
not  apply  to  stations  receiving  for  shipment  less  than  fifty  cars  of 
live  stock  per  annum  for  the  two  years  last  past. 

Sec.  66-2114  (1905).  Railway  to  weigh  cars  of  coal. — That  each  and 
every  railway  company  operating  a  railway  wholly  or  partly  within 
this  State  shall  weigh  each  and  every  car  of  coal  intended  for  ship- 
ment over  their  line  before  and  after  being  loaded. 

Sec.  66-2115.  Manner  and  time  of  weighing. — The  empty  car  or  cars 
to  be  loaded  shall  be  detached  from  the  engine  and  other  cars  and 
weighed  within  twenty-four  hours  before  loading,  and  after  the  said 
car  is  loaded  it  shall  be  detached  from  the  engine  and  other  cars 
and  weighed  within  forty-eight  hours  after  being  loaded. 

Sec.  66-2116.  Certificate  of  weight. — A  certificate  of  the  weights  of 
each  car  so  weighed,  showing  the  date  of  weighing  said  car  empty 
and  the  weight  of  same,  and  the  date  of  weighing  said  car  loaded 
and  the  weight  of  same,  and  the  net  weight  and  number  of  the  said 
car,  shall  be  issued  by  the  weighmaster  and  attached  to  the  way  bill 
covering  the  said  shipment.  At  the  destination  this  certificate  shall 
be  attached  to  the  freight  expense  bill  and  shall  become  a  part  of  the 
same,  and  shall  be  delivered  to  the  consignee  on  the  payment  of  all 
the  freight  charges. 

Sec.  66-2117.  Weighmasters ;  oath,  bond;  penalty  for  violation  by 
weighmaster. — A  competent  weighmaster  shall  be  employed  by  said 


KANSAS  285 

railway  companies,  and  said  weighmaster  shall  subscribe  an  oath 
or  affirmation  before  an  authorized  officer  and  give  good  and  suffi- 
cient bond  in  the  sum  of  one  thousand  dollars  to  his  employer  that 
he  will  perform  his  duties  in  accordance  with  this  act  in  every  par- 
ticular; and  any  weighmaster  or  person  so  employed  under  this  act 
who  shall  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars  for  each  offense,  or  by  imprisonment  in  the  county 
jail  not  exceeding  six  months,  or  by  both  said  fine  and  imprisonment. 
Sec.  66-2118.  Penalty  for  violation  by  railway  company. — Any  rail- 
way company  neglecting  to  weigh  coal  as  provided  by  this  act  shall 
be  liable  to  a  fine  of  one  hundred  dollars  for  each  and  every  car 
not  so  weighed,  to  be  recovered  in  an  action  brought  in  the  name  of 
the  State  in  any  court  of  competent  jurisdiction. 

Rev.  Stats.,  1923,  ch.  49,  p.  745. 

Sec.  49-241  (al913).  Unlawful  to  sell,  offer  for  sale,  etc.,  at  any  coal 
mine  any  black  powder  except  in  original  twenty-five  pound  packages. — 
It  shall  be  unlawful  for  any  individual,  firm  or  corporation  to  sell, 
offer  for  sale  or  deliver  for  use  at  any  coal  mine  or  coal  mines  in 
the  State  of  Kansas  black  powder  in  any  manner  except  in  original 
packages  containing  twenty-five  pounds  of  powder,  said  packages 
to  be  securely  sealed:  Said  powder  to  be  delivered  by  the  company 
to  the  miner  at  his  switch. 

Sec.  49-301  (1893).  Weighing  of  coal  at  mine.— It  shall  be  unlawful 
for  any  mine-owner,  lessee  or  operator  of  coal  mines  in  this  State, 
employing  miners  at  bushel  or  ton  rates  or  other  quantity,  to  pass 
the  output  of  coal  mined  by  said  miners  over  any  screen  or  other 
device  which  shall  take  any  part  from  the  value  thereof  before  the 
same  shall  have  been  weighed  and  duly  credited  to  the  employes 
and  accounted  for  at  the  legal  rate  of  weights  as  fixed  by  the  laws 
of  Kansas. 

Sec.  49-302.  Weighman,  oath;  penalty  for  violation. — The  weigh- 
man  employed  at  any  mine  shall  subscribe  an  oath  or  affirmation, 
before  a  justice  of  the  peace  or  other  officer  authorized  to  administer 
oaths,  to  do  justice  between  employer  and  employee,  and  to  weigh  the 
output  of  coal  from  mines  in  accordance  with  the  provisions  of  sec- 
tion one  of  this  act.  Said  oath  or  affirmation  shall  be  kept  conspicu- 
ously posted  in  the  weigh-office,  and  any  weigher  of  coal  or  persons 
so  employed  who  shall  knowingly  violate  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars  for  each  offense,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  to  exceed  thirty  days  or  by  both  such  fine 
and  imprisonment. 

Sec.  49-303.  Check-weighman. — The  miners  employed  by  or  en- 
gaged in  working  for  any  mine-owner,  operator  or  lessee  in  this  State 
shall  have  the  privilege,  if  they  so  desire,  of  employing  at  their  own 
expense  a  check-weighman,  who  shall  have  like  rights  and  privileges 
in  the  weighing  of  coal  as  the  regular  weighman,  and  be  subject  to 
the  same  oath  and  penalties  as  the  regular  weighman. 

Sec.  49-304.  Penalty  for  fraudulent  use  of  scales. — Any  person  or 
persons  having  or  using  any  scale  or  scales  for  the  purpose  of  weigh- 


286  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

ing  the  output  of  coal  at  mines,  so  arranged  or  constructed  that 
fraudulent  weighing  may  be  done  thereby,  or  who  shall  knowingly 
resort  to  or  employ  any  means  whatever  by  reason  of  which  such 
coal  is  not  correctly  weighed,  and  reported  in  accordance  with  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  upon  conviction  for  each  offense  be  punished  by  a  fine  of  not 
less  than  two  hundred  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  period  not  to  exceed  sixty 
days  or  by  both  such  fine  and  imprisonment. 

Sec.  49-305  (1893).  Contracts,  agreements,  etc.,  waiving,  modifying 
or  annulling  provisions  of  sec.  49-301,  ante,  void  and  of  no  effect;  coal 
sent  to  surface  shall  be  accepted  or  rejected;  weighed,  etc.,  when 
accepted. — Any  provisions,  contract  or  agreement  between  mine  own- 
ers or  operators  thereof  and  the  miners  employed  therein  whereby 
the  provisions  of  section  1  of  this  act  are  waived,  modified,  or  an- 
nulled, shall  be  void  and  of  no  effect ;  and  the  coal  sent  to  the  surface 
shall  be  accepted  or  rejected,  and  if  accepted  shall  be  weighed  in 
accordance  with  the  provisions  of  this  act;  and  right  of  action  shall 
not  be  invalidated  by  reason  of  any  contract  or  agreement. 

Sec.  49-306.  Provisions  of  act  apply  to  loaders  in  mines  where  mining 
done  by  machinery;  output  to  be  weighed  in  accordance  with  provisions 
of  this  act. — The  provisions  of  this  act  shall  also  apply  to  the  class  of 
workers  in  mines  known  as  loaders,  engaged  in  mines  wherein 
mining  is  done  by  machinery.  Whenever  the  workmen  are  under 
contract  to  load  coal  by  the  bushel,  ton,  or  any  quantity  the  settle- 
ment of  which  is  had  by  weight,  the  output  shall  be  weighed  in 
accordance  with  the  provisions  of  this  act. 

Sec.  49-307  (1903).  Inspection  of  scales  at  mines;  penalty. — That  the 
secretary  of  mine  industries  of  the  State  of  Kansas  shall  be  ex  officio 
inspector  of  weights,  measures  and  scales  used  at  coal  mines,  and  he 
or  his  deputies  are  hereby  empowered,  and  it  shall  be  his  or  their 
duty,  to  test  the  scales  used  to  weigh  coal  mined  in  the  mines  of  this 
State  at  least  once  every  six  months,  to  ascertain  whether  or  not 
such  scales  correctly  measure  the  weight  of  such  coal ;  and  if  defects 
or  irregularities  are  found  in  such  scales  which  prevent  correct 
weights  and  measurements,  the  inspector  shall  call  the  attention  of 
the  mine  owner,  agent  or  operator  to  said  defects,  and  direct  that 
the  same  be  at  once  properly  adjusted  and  corrected.  If  the  owner, 
agent  or  operator  of  any  coal  mine  in  this  State  shall  refuse  to  allow 
such  inspector  or  his  deputies  to  properly  test  the  scales  used  at  such 
mine  or  mines,  or  shall  fail  or  refuse  to  put  such  scales  in  proper 
adjustment  and  condition,  so  that  the  same  shall  correctly  weigh  the 
coal  mined,  after  being  notified  by  said  inspector  or  his  deputy  so  to 
do,  such  owner,  agent  or  operator  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  exceeding 
five  hundred  dollars,  or  be  confined  in  the  county  jail  not  exceeding 
six  months,  or  both,  in  the  discretion  of  the  court;  and  it  shall  be 
the  duty  of  the  presecuting  [prosecuting]  attorneys  in  the  respective 
counties  to  prosecute  any  person,  firm  or  corporation  violating  the 
provisions  of  this  section,  the  same  as  in  other  misdemeanor  cases. 


KENTUCKY 


Carroll's  Stats.,  1922,  ch.  134,  p.  2296. 

Sec.  4815°.  Standard. — The  weights,  measures  and  balances  received 
from  the  Government  of  the  United  States,  now  in  the  custody  of 
the  secretary  of  state,  shall  continue  in  the  custody  of  that  officer,  and 
shall  be  the  standard  of  weights  and  measures  in  this  State. 

Sec.  4816.  Duplicates  furnished  counties. — The  governor  shall  cause 
duplicates  of  those  weights,  measures  and  balances  to  be  made  for 
such  counties  as  may  not  have  the  same;  and  upon  his  written  cer- 
tificate of  the  cost,  the  auditor  shall  give  a  warrant  on  the  treasury 
therefor. 

Sec.  4819a  (1906).  Milling;  standard  measure  required;  penalty  for 
failure. — It  shall  be  unlawful  for  any  person,  commission  merchant, 
miller,  dealer,  grain  inspector,  corporation,  company,  firm  or  asso- 
ciation, either  by  himself,  itself,  officer,  agent  or  employee,  when 
purchasing  wheat  or  receiving  it  in  barter  or  exchange  for  flour  or 
otherwise,  from  the  owner,  his  agent  or  employe,  to  use  for  the  pur- 
pose of  testing  or  determining  the  weight,  grade,  milling  or  market 
value  of  wheat,  any  measure  other  than  the  standard  half-bushel 
measure  furnished  this  State  by  the  United  States;  and  the  use  of 
any  fractional  part  of  said  standard  half-bushel  measure  for  such 
purpose  will  be  a  violation  of  this  section.  It  shall  likewise  be  un- 
lawful to  use  anything  other  than  a  straight  stick  with  the  edges 
square  for  leveling  the  wheat  in  said  half-bushel  measure  for  the 
purpose  of  testing  the  weight,  grade,  milling  or  market  value  of 
wheat :  Provided,  That  the  provisions  of  this  section  shall  not  apply 
to  wheat  or  grain  that  is  inspected  or  graded  by  the  carload  under 
the  regulations  of  any  board  of  trade.  Any  person  violating  any  of 
the  provisions  of  this  section  shall,  on  conviction,  be  fined  not  less 
than  ten  dollars  ($10.00)  nor  more  than  one  hundred  dollars 
($100.00),  to  which  may  be  added  imprisonment  in  the  county  jail 
not  exceeding  six  months. 

Sec.  4820°.  Hundredweight;  ton. — The  hundredweight  shall  consist 
of  one  hundred  pounds  avoirdupois,  and  two  thousand  such  pounds 
shall  constitute  a  ton ;  and  all  contracts  hereafter  made  shall  be  con- 
strued accordingly,  unless  the  contrary  be  stipulated. 

Sec.  4821  (al894).  Bushel;  weight  of  different  articles;  legal  weights 
per  bushel  of  certain  produce. — The  following  weights  shall  constitute 
a  bushel  of  each  article  named,  respectively.1 


Pounds 
Wheat 60 

Shelled  corn 56 

Corn  in  the  ear,  70  pounds  from 
the  first  of  November  to  the  first 
of  May  following,  and  from  first 
of  May  to  the  first  of  November 
following 68 


Pounds 

Corn,2  ear,  in  the  shuck 75 

Rye 56 

Oats,  shelled 32 

Barley 47 

Irish  potatoes 60 

Sweet  potatoes 55 

White   beans 60 

1  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these 
articles. 
a  See  acts,  1924,  ch.  5  sec.   1,  Immediately  following  this  section. 

517—26 19  287 


288 


LAWS  CONCERNING   WEIGHTS   AND   MEASURES 


Pounds 

Stone  coal3 76 

Bran 20 

Plastering  hair 8 

Turnips 60 

Unslaked  lime 35 

Corn   meal 50 

Fine    salt 55 

Hungarian  grass  seed 50 

Ground  peas 24 

Orchard  grass  seed 14 

English  blue-grass  seed 14 

Hempseed 44 


Pounds 

Castor  beans 45 

Clover  seed 60 

Timothy  seed 45 

Flaxseed 56 

Millet  seed 50 

Peas 60 

Blue-grass  seed 14 

Buckwheat 56 

Dried  apples 24 

Dried  peaches 39 

Onions 57 

Bottom  onion  sets 36 

Salt 50 

Acts,  1924,  ch.  5,  p.  8. 

Sec.  1.  Bushel  of  corn,  weight. — The  standard  weight  of  a  bushel  of 
ear  corn  in  the  shuck  shall  be  seventy-five  pounds  avoirdupois. 

Carroll's  Stats.,  1922,  ch.  134,  p.  2296. 

Sec.  4822  (1869-70).  Irish  potatoes,  pounds  to  barrel. — One  hundred 
and  sixty  pounds  net  of  Irish  potatoes  shall  constitute  a  merchant- 
able barrel.4 

Sec.  4823.  Coal,  penalty  for  selling  unscreened  for  screened. — Any  per- 
son selling  unscreened  coal  for  screened  coal  shall  be  subject  to  a  fine 
of  not  less  than  five  ($5.00)  nor  more  than  twenty  dollars  ($20.00), 
recoverable  by  warrant  before  a  justice  of  the  peace. 

Sec.  4823a  (1898).  Hemp;  hundredweight;  ton. — That  the  hundred- 
weight of  hemp  shall  consist  of  one  hundred  pounds  avoirdupois,  and 
two  thousand  such  pounds  shall  constitute  a  ton,  and  all  contracts 
hereafter  made  shall  be  so  construed.  Any  person  violating  this  act 
shall  be  fined  in  a  sum  of  not  less  than  one  hundred  dollars  ($100.00) 
nor  more  than  five  hundred  dollars  ($500.00)  for  each  offense. 

Sec.  4823b-l  (1920).  Standard  weight  of  corn  meal,  grits,  hominy  and 
corn  flour. — That  the  standard  weight  for  corn  meal,  grits,  hominy 
and  corn  flour  shall  be  one  hundred  pounds  avoirdupois,  and  the 
standard  measure  for  such  commodities  shall  be  packages  contain- 
ing net  avoirdupois  weight  one  pound,  two  pounds,  three  pounds,  four 
pounds,  five  pounds,  ten  pounds,  twenty-five  pounds,  fifty  pounds, 
and  one  hundred  pounds,  or  multiples  of  one  hundred  pounds. 

Sec.  4823b-2. — That  it  shall  be  unlawful  for  any  persons  to  pack 
for  sale,  sell  or  offer  for  sale  in  this  State,  any  corn  meal,  grits, 
hominy  or  corn  flour,  except  in  bags  or  packages  containing  by 
standard  net  avoirdupois  weight  one  pound,  two  pounds,  three  pounds, 
four  pounds,  five  pounds,  ten  pounds,  twenty-five  pounds,  fifty 
pounds  and  one  hundred  pounds,  or  multiples  of  one  hundred 
pounds,  respectively.  Each  bag  or  package  shall  have  plainly  and 
legibly  printed  or  marked  thereon  the  net  weight  of  contents  thereof, 
in  pounds  avoirdupois,  and  such  weights  shall  be  a  true  and  correct 
statement  thereof:  Provided,  however,  That  the  provisions  of  this 
section  shall  not  apply  to  the  retailing  of  meal  direct  to  consumers 
from  bulk  stock  when  purchased  and  delivered  by  actual  weight  or 
measure,  or  to  exchange  of  corn  for  meal  by  mills  grinding  for  toll, 
and  that  nothing  herein  contained  shall  be  held  to  apply  to  any 


8  The  term  coal  includes  anthracite,  cannel,  bituminous,  and  other  mined  coal. 
4  See  footnote,  p.  20,  relative  to  Federal  standard  barrel  law. 


KENTUCKY  ,   289 

cereal  product  packed  and  distributed  as  a  specialty,  in  identified 
original  packages,  the  net  contents  of  which  weigh  less  than  five 
pounds  avoirdupois. 

Sec.  4823b-3. — That  any  violation  of  this  act  shall  be  a  misde- 
meanor and,  upon  conviction,  the  offender  shall  be  fined  not  less  than 
twenty-five  ($25.00)  nor  more  than  five  hundred  dollars  ($500.00) 
for  each  offense. 

Carroll's  Stats.,  1922,  ch.  89,  p.  1350. 

Sec.  2755  (1893).  Inspector  of  weights  and  measures;  salary;  pen- 
alty.— The  general  council  [of  cities  of  the  first  class,  Louisville] 
shall,  by  ordinance,  provide  suitable  penalties  for  the  punishment  of 
persons  who  knowingly  use  defective  or  imperfect  weights  and  meas- 
ures, and  may  provide  for  an  inspector  or  inspectors  of  weights  and 
measures.  He  shall  have  exclusive  power  to  inspect  weights  and 
measures  in  the  city,  and  he  shall  be  paid  a  salary  by  the  city.  No 
fees  shall  be  charged  or  received  for  such  services.  Nothing  in  this 
section  shall  be  construed  so  as  to  interfere  with  the  term  of  office  or 
fees  of  the  present  sealer  of  weights  and  measures  for  Jefferson 
County. 

Sec.  3058  (1906).  General  council;  ordinances  and  powers  of  council 
generally. — The  general  council  [of  cities  of  the  second  class  (Lexing- 
ton, Covington,  Newport,  and  Paducah)]  shall  have  power  by  ordi- 
nance— ■ 

Sec.  3058-11.  Weights  and  measures. — To  establish  and  regulate  the 
standard  of  weights  and  measures  to  be  used  in  the  city,  and  to  pro- 
vide for  the  inspection  of  all  weights  and  measures,  and  to  compel 
dealers  in  all  kinds  of  coal  to  weigh  the  same  on  public  scales,  and  to 
establish,  license,  tax  and  regulate  public  scales,  and  the  charges  for 
the  use  of  the  same ;  to  make  provisions  for  the  inspection  and  meas- 
urement of  lumber  and  other  building  material  ¥  *  *;  for  the 
inspection  and  weighing  or  measuring  hay,  coal,  charcoal,  firewood, 
and  all  other  kinds  of  fuel  to  be  used  in  the  city ;  for  the  inspection 
of  butter,  cheese,  milk,  larcl  and  all  other  provisions;  for  regulating 
the  weight  and  quality  of  bread :  Provided,  That  nothing  herein  shall 
be  so  construed  as  to  authorize  an  inspection  of  any  article  enumer- 
ated in  this  subdivision  which  is  to  be  shipped  beyond  the  limits  of 
the  city,  except  at  the  request  of  the  owner  thereof ;     *     *     * 

Sec.  3290  (1914).  Council;  power  by  ordinance;  weights  and  measures; 
inspection  and  measurement  of  lumber;  inspection  and  weighing  of  stone, 
coal,  hay  and  grain. — The  common  council  of  each  of  said  cities  [of 
the  third  class,  Owensboro,  Henderson,  Frankfort,  Bowling  Green, 
Middlesboro,  Hopkinsville,  Ashland,  Maysville,  and  Corbin]  shall, 
within  the  limitations  of  the  constitution  of  the  State  and  this  act, 
have  power  by  ordinance :     *     *     * 

17.  To  establish  standard  weights  and  measures  to  be  used  in  the 
city. 

18.  To  provide  for  the  inspection  and  measuring  of  lumber  and 
other  building  materials. 

19.  To  provide  for  the  inspection  and  weighing  or  measuring  of 
stone,  coal,  wood  and  fuel,  hay,  corn  and  other  grain,  and  produce 
of  all  kinds. 

Sec.  3490  (1893).  General  powers  of  the  council;  public  scales;  public 
weigher;  weights  and  measures;  coal  weighed;  oil  inspected. — The  board 


290  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

of  council  [of  cities  of  the  fourth  class — Shelbyville,  Richmond,  Win- 
chester, Dayton,  Paris,  Catlettsburg,  Danville,  Mt.  Sterling,  George- 
town, Versailles,  Harrodsburg,  Bellevue,  Cynthiana,  Mayfield,  Leb- 
anon, Ludlow,  Nicholasville,  Pineville,  Madisonville,  Princeton,  Ful- 
ton, Lawrenceburg,  Russelville,  Carrollton,  Central  City,  Franklin, 
Barboursville,  Providence,  Morganfield,  Pikeville,  Somerset,  Mur- 
ray, Harlan,  Elizabethtown,  Jackson,  Hazard,  Highland  Park,  Hick- 
man, Scottsville,  Earlington,  Olive  Hill,  Irvine,  Marion,  Clifton 
and  Fort  Thomas],  in  addition  to  other  powers  herein  granted,  shall 
have  power  within  the  city :     *     *     * 

18.  To  erect  and  keep  in  repair  accurate  public  scales,  and  to  ap- 
point a  public  weigher  or  weighers  to  attend  to  the  same,  and  to  fix 
fees  and  compensation  for  his  services;  to  establish  standard  weights 
and  measures,  and  to  regulate  the  weights  and  measures  to  be  used  in 
the  city  in  all  cases  where  the  same  are  not  provided  for  by  law. 

19.  To  pass  ordinances  requiring  all  coal  sold  and  to  be  delivered 
in  or  out  of  the  city  to  be  weighed  by  the  public  weigher,  and  to  fix 
adequate  penalties  for  the  violation  of  the  same.     *     *     * 

Sec.  3820.  City  weigher. — The  city  council  [of  cities  of  the  fifth 
class]  may  appoint  *  *  *  a  city  weigher  *  *  *  for  a  term 
of  two  years,  but  either  may  be  removed  at  the  pleasure  of  the 
council. 

Sec.  3685.  Town  weigher. — The  board  of  trustees  of  towns  [of  the 
sixth  class]  may  appoint  a  *  *  *  town  weigher,  and  town  physi- 
cian, each  of  whom  shall  hold  office  for  two  years,  but  may  be  removed 
at  the  pleasure  of  the  board  of  trustees.     *     *     * 

Carroll's  Stats.,  1922,  ch.  46a,  p.  772. 

Sec.  1719a-l  (1906).  Commercial  feeding  stuffs  to  be  labeled;  what 
label  shall  state. — Every  bag,  barrel  or  other  package  of  concentrated 
commercial  feeding  stuff,5  manufactured,  sold,  offered  or  exposed  for 
sale  in,  or  imported  into,  this  State,  shall  have  securely  attached  a 
tag  or  label,  and  plainly  printed  thereon  the  number  of  net  pounds 
of  concentrated  commercial  feeding  stuff  in  the  package,  the  name, 
brand  or  trademark  under  which  the  concentrated  commercial  feed- 
ing stuff  is  sold ;  the  name  and  address  of  the  manufactured  *  *  * 
Provided,  That  all  concentrated  commercial  feeding  stuffs  shall  be 
in  standard  weight  bags  or  packages  of  no  other  than  fifty,  one 
hundred,  one  hundred  and  fifty,  or  two  hundred  pounds  each,  or  less 
than  fifty  pounds,  or  sold  in  bulk.     *     *     * 

Carroll's  Stats.,  1922,  ch.  50,  p.  807. 

Sec.  1822-1  (1898).  Sample  to  be  furnished  director  of  experiment 
station  before  sale. — In  each  year,  before  any  person  or  company  shall 
sell,  offer  or  expose  for  sale  in  this  State  any  commercial  fertilizer, 
said  person  or  company  shall  furnish  to  the  director  of  the  agri- 
cultural experiment  station  of  the  Agricultural  and  Mechanical  Col- 
lege of  Kentucky,  which  station  is  hereby  recognized  as  the  "  Ken- 
tucky agricultural  experiment  station,"  a  sealed  quantity  of  such 
commercial  fertilizer,  not  less  than  one  pound,  sufficient  for  analysis, 
accompanied  by  an  affidavit  that  the  sample  so  furnished  is  a  fair 
and  true  sample  of  a  commercial  fertilizer  which  the  said  person 

6  See  sec.  1719a-2  for  definition. 


KENTUCKY  291 

or  company  desires  to  sell  in  this  State,  and  said  affidavit  shall  also 
state  the  name  and  address  of  the  manufacturer,  the  name  of  the 
fertilizer,  the  number  of  net  pounds  in  each  package     *     *     *. 

Sec.  1822-2  (al904).  labels  containing  analysis  furnished  by  direc- 
tor.— The  director  of  said  experiment  station,  upon  receipt  of 
affidavit  and  sample  as  provided  for  in  section  one,  *  *  *  shall 
issue  to  said  person  or  company  a  sufficient  number  of  labels,  to  tag 
not  less  than  twenty  (20)  tons  of  said  fertilizer,  in  which  label  shall 
be  printed  the  name  and  address  of  the  manufacturer,  the  name  of 
the  fertilizer,  the  number  of  net  pounds  in  each  package,     *     *     * 

Sec.  1822-3  (1894).  Penalty  for  violation  of  law. — Every  bag  or 
other  package  or  quantity  of  any  commercial  fertilizer,  in  any  shape 
or  form  whatever,  sold  or  offered  for  sale  in  this  State,  shall  have 
attached  to  it  in  a  conspicuous  place  a  label  as  provided  in  section  2. 

Carroll's  Stats.,  1922,  ch.  53a,  p.  839. 

Sec.  1905a-32  (1916).  Unpacked  apples  in  barrels;  size  of  standard 
barrel. — This  act  [specifying  standard  grades  and  regulating  the 
packing  of  apples]  shall  not  apply  to  unpacked  apples  actually  trans- 
ported in  barrels  to  storage  within  this  State  until  the  same  are 
removed  from  storage  for  the  purpose  of  marketing,  sale,  trans- 
portation or  distribution.  The  standard  barrel 6  for  apples  shall 
be  of  the  following  dimensions  when  measured  without  distention 
of  its  parts:  Length  of  stave,  twenty-eight  and  one-half  inches; 
diameter  of  head,  seventeen  and  one-eighth  inches ;  distance  between 
heads,  twenty-six  inches;  circumference  of  bulge,  sixty- four  inches 
outside  measurement,  representing  as  nearly  as  possible  seven  thou 
sand  and  fifty-six  cubic  inches:  Provided,  That  steel  barrels  con- 
taining the  interior  dimensions  provided  for  in  this  section  shall 
be  construed  as  a  compliance  therewith. 

Sec.  1905ar-46  (1918).  Weights  and  samples  of  milk  and  cream. — That 
it  shall  be  unlawful  for  any  hauler  of  milk  or  cream  or  other  person, 
or  creamery,  or  other  milk  plant  or  agent,  receiving  milk  or  cream 
by  weight  or  test  or  by  weight  and  test,  to  fraudulently  manipulate 
the  weights  of  milk  or  cream  of  any  patron,  or  to  take  unfair  samples 
thereof,  or  to  fraudulently  manipulate  such  samples.  The  hauler 
shall  weigh  the  milk  or  cream  of  each  patron  accurately  and  cor- 
rectly and  shall  report  such  weights  accurately  and  correctly  to  the 
factory.  He  shall  thoroughly  mix  the  milk  or  cream  of  each  patron 
by  pouring  and  stirring  until  such  milk  or  cream  is  aniform  and 
homogeneous  in  richness,  before  the  sample  is  taken  from  such  milk 
or  cream.  When  the  weighing  or  sampling  of  the  milk  or  cream  of 
each  patron  is  done  at  the  creamery,  shipping  station  or  other  fac- 
tory, firm,  corporation  or  individual  buying  and  paying  for  milk  or 
cream  on  the  basis  of  the  butterfat  contained  therein,  the  same  rule 
shall  apply. 

Sec.  1905a-47.  Glassware  for  testing  milk  and  cream  for  butterfat. — 
Every  person,  firm,  company,  association,  corporation  or  agent 
thereof,  buying  and  paying  for  milk  or  cream  on  the  basis  of  amount 
of  butterfat  contained  therein  as  determined  by  the  Babcock  test, 
shall  use  standard  Babcock  test  bottles,  pipettes  and  weights,  and 
accurate  scales,  as  defined  in  section  13  [sections  1905a-57  to  1905a- 

6  See  note,  p.  20,  relative  to  the  Federal  standard  barrel. 


292  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

59,  inclusive]  of  this  act,  and  all  Babcock  test  bottles,  pipettes  and 
weights  shall  have  been  inspected  for  accuracy  by  the  Kentucky  Ag- 
ricultural Experiment  Station,  or  its  deputy,  and  shall  be  legibly  and 
indelibly  marked  by  the  said  Kentucky  Agricultural  Experiment 
Station,  or  its  deputy,  with  the  letters  "  S.  G.  K."  (Standard  Glass- 
ware, Kentucky).  No  bottle,  pipette  or  weight  shall  be  used  for  such 
test  unless  so  examined  and  marked  by  said  Kentucky  Agricultural 
Experiment  Station.  It  shall  be  unlawful  for  any  person,  firm,  com- 
pany, association,  corporation,  or  any  of  their  agents,  to  use  any 
other  than  standard  test  bottles,  pipettes  and  weights  which  have 
been  examined  and  marked  as  provided  in  this  section,  to  determine 
the  amount  of  fat  in  the  milk  or  cream  bought  and  paid  for  on  the 
butterfat  basis. 

Sec.  1905a-48.  Unlawful  tests. — It  shall  be  unlawful  for  any  person, 
firm  or  corporation,  by  himself  or  as  the  officer,  servant,  agent  or 
employee  of  any  person,  firm  or  corporation,  buying  and  paying  for 
milk  or  cream  on  the  basis  of  the  amount  of  fat  contained  therein, 
to  underread,  overread  or  otherwise  fraudulently  manipulate  the  Bab- 
cock test  used  for  determining  the  per  cent  of  fat  in  milk  or  cream, 
or  to  falsify  the  record  thereof,  or  to  read  the  test  at  any  temperature 
except  the  correct  temperature,  which  is  135  degrees  to  140  degrees 
Fahrenheit,  or  to  pay  on  the  basis  of  any  measurement  or  weight 
except  the  true  measurement  or  weight,  which  is  seventeen  and  six- 
tenths  (17.6)  cubic  centimeters  for  milk  and  nine  (9)  grams  for 
cream.  This  section  further  provides  that  in  all  tests  the  cream  shall 
be  weighed  into  the  test  bottles. 

Sec.  1905a-49.  License  for  the  tester. — Every  creamery,  shipping 
station  or  other  factory,  or  person,  or  agent,  receiving,  buying  and 
paying  for  milk  or  cream  on  the  basis  of  the  amount  of  butter  fat 
contained  therein  shall  have  in  its  employ  a  licensed  tester  who  shall 
supervise  and  be  responsible  for  the  operation  of  the  Babcock  test 
of  milk  and  cream.     *     *     * 

Sec.  1905a-57.  Standard  Babcock  testing  glassware  defined. — The  term 
"  standard  Babcock  testing  glassware  "  shall  apply  to  glassware  and 
weights  complying  with  the  following  specifications ; 

(a)  Standard  Milk  Test  Bottles. — Graduation:  The  total  per 
cent  graduation  shall  be  8.  The  graduated  portion  of  the  neck  shall 
have  a  length  of  not  less  than  63.5  millimeters  (2y2  inches).  The 
graduation  shall  represent  whole  per  cent,  five-tenths  per  cent,  and 
tenths  per  cent.  The  tenths  per  cent  graduations  shall  not  be  less 
than  3  millimeters  in  length,  the  five-tenths  per  cent  graduations 
shall  be  1  millimeter  longer  than  the  tenths  per  cent  graduations, 
projecting  1  millimeter  to  the  left;  the  whole  per  cent  graduations 
shall  expend  [extend]  at  least  one-half  way  around  the  neck  to  the 
right  and  projecting  2  millimeters  to  the  left  of  the  tenths  per  cent 
graduations.  Each  per  cent  graduation  shall  be  numbered,  the  num- 
ber being  placed  on  the  left  of  the  scale.  The  error  at  any  point 
of  the  scale  shall  not  exceed  one-tenth  per  cent. 

Neck :  The  neck  shall  be  cylindrical  and  the  cylindrical  shape  ex- 
tend for  at  least  9  millimeters  below  the  lowest  and  above  the  highest 
graduation  mark.  The  top  of  the  neck  shall  be  flared  to  a  diameter 
of  not  less  than  10  millimeters. 


KENTUCKY  293 

Bulb :  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  45  cubic  centimeters.  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at 
the  bottom.  If  cylindrical,  the  outside  diameter  shall  be  between  34 
and  36  millimeters ;  if  conical,  the  outside  diameter  of  the  base  shall 
be  between  31  and  33  millimeters,  and  the  maximum  diameter  between 
35  and  37  millimeters. 

The  charge  of  the  bottle  shall  be  18  grams. 

The  total  height  of  the  bottle  shall  be  between  150  and  165  milli- 
meters (5%  and  6V2  inches). 

(5)  Standard  Cream  Test  Bottles. — Two  types  of  bottles  shall 
be  accepted  as  standard  cream  test  bottles,  a  50  per  cent,  9  gram 
short-neck  bottle,  and  a  50  per  cent,  9  gram  long-neck  bottle. 

Fifty  Per  Cent,  9-Gram  Short-Neck  Bottles. — Graduation: 
The  total  per  cent  graduation  shall  be  50.  The  graduated  portion  of 
the  neck  shall  have  a  length  of  not  less  than  63.5  millimeters  (2y2 
inches).  The  graduation  shall  represent  five  per  cent,  one  per  cent 
and  five-tenths  per  cent.  The  five  per  cent  graduation  shall  extend 
at  least  half  way  around  the  neck  (to  the  right).  The  five-tenths 
per  cent  graduations  shall  be  at  least  3  millimeters  in  length,  and 
the  one  per  cent  graduation  shall  have  a  length  intermediate  between 
the  five  per  cent  and  the  five-tenths  per  cent  graduations.  Each  five 
per  cent  graduation  shall  be  numbered,  the  number  being  placed  on 
the  left  of  the  scale.  The  error  at  any  point  of  the  scale  shall  not 
exceed  five-tenths  per  cent. 

Neck :  The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall 
extend  at  least  9  millimeters  below  the  lowest  and  9  millimeters  above 
the  highest  graduation  mark.  The  top  of  the  neck  shall  be  flared 
to  a  diameter  of  not  less  than  10  millimeters. 

Bulb:  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  45  cubic  centimeters.  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at 
the  bottom.  If  cylindrical,  the  outside  diameter  shall  be  between 
34  and  36  millimeters;  if  conical,  the  outside  diameter  of  the  base 
shall  be  between  31  and  33  millimeters  and  the  maximum  diameter 
between  35  and  37  millimeters. 

The  charge  of  the  bottle  shall  be  9  grams.  All  bottles  shall  bear 
on  top  of  the  neck  above  the  graduation,  in  plain,  legible  characters, 
the  mark  defining  the  weight  of  the  charge  to  be  used  (9  grams). 

The  total  height  of  the  bottle  shall  be  between  150  and  165  milli- 
meters (5%  and  6V2  inches),  same  as  standard  milk  test  bottles. 

Fifty  Per  Cent,  9-Gram  Long-Neck  Bottles. — The  same  specifi- 
cations in  every  detail  as  specified  for  the  50  per  cent,  9-gram  short- 
neck  bottles  shall  apply  for  the  long-neck  bottle,  with  the  exception, 
however,  that  the  total  height  of  this  bottle  shall  be  between  210  and 
235  millimeters  (8*4  and  8  7/77  inches)  and  the  total  length  of  the 
graduation  shall  not  be  less  than  120  millimeters. 

Sec.  1905a-58.  The  standard  Babcock  pipette. — Total  length  of 
pipette  not  more  than  330  millimeters  (13}4  inches).  Outside  diam- 
eter of  suction  tube,  6  to  8  millimeters.    Length  of  suction  tube,  130 

7  Evidently  erroneous.  Based  on  the  value  of  39.37  inches  to  the  meter,  210  ran*  equal 
8.268  inches  and  235  mm  equal  9.252  inches. — Ed. 


294  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

millimeters.  Outside  diameter  of  delivery  tube,  4.5  to  5.5  milli- 
meters. Length  of  delivery  tube,  100  to  120  millimeters.  Distance 
of  graduation  mark  above  bul^b,  30  to  60  millimeters.  Nozzle 
straight.  Delivery,  17.6  cubic  centimeters  of  water  to  20  degrees  C. 
in  five  to  eight  seconds. 

Sec.  1905a-59.  Standard  weights. — The  standard  weight  shall  be 
nine  grams. 

Carroll's  Stats.,  1922,  ch.  63,  p.  928. 

Sec.  2060a-l  (1918).  "Food"  defined.— That  the  term  food,  as  used 
in  this  act,  shall  include  every  article  used  for  or  entering  into 
the  composition  of  food  or  drink  for  man  or  domestic  animals,  in- 
cluding all  liquors. 

Sec.  2060a-2.  Food  deemed  misbranded,  when. — For  the  purpose  of 
this  act,  an  article  of  food  shall  be  deemed  misbranded : 

4.  If  it  be  misrepresented  as  to  weight  or  measure,     *     *     *. 

Carroll's  Stats.,  1922,  ch.  71,  p.  1035. 

Sec.  2186°.  Inspection  warehouses;  county  court  may  establish  upon 
application. — An  inspection  warehouse  outside  of  a  city  may  be  estab- 
lished by  the  county  court  of  the  county  wherein  it  is  located,  upon 
the  application  of  any  person  entitled  as  owner  or  lessee,  but  the 
same  shall  not  be  established  unless  the  warehouse  be  built  of  such 
material  and  in  such  manner  as  to  prevent  injury  to  articles  stored 
therein. 

Sec.  2187.  Scales  and  balances  to  be  provided. — Scales,  steel  yards,  or 
patent  balance,  with  suitable  weights  sufficient  to  weight  at  least 
one  ton,  shall  be  provided  as  appurtenant  to  the  warehouse. 

Sec.  2196.  Selling  articles  under  weight. — Whoever  shall  sell  or  offer 
to  sell  any  barrel  or  other  package  of  such  article  [of  which  he  is 
appointed  inspector] ,  knowing  the  article  not  to  be  of  the  weight  or 
quantity,  after  allowing  for  ordinary  weight  or  loss  of  weight,  that 
is  required  by  law,  or  that  is  marked  or  branded  thereon,  shall  be 
fined  ten  dollars  for  every  barrel  or  package  so  sold  or  offered  for 
sale. 

Sec.  2198.  Falsely  packed  hogsheads,  casks  or  barrels. — Whoever  shall 
knowingly  sell,  or  attempt  to  sell,  any  hogshead,  barrel  or  other 
package  of  tobacco,  liquor,  salt,  beef,  pork  or  lard,  which  is  falsely 
packed  or  filled,  or  the  staves  or  heading  of  which  are  falsely  made, 
with  a  view  to  cheat  a  purchaser  as  to  weight  or  quantity,  or  shall 
so  pack,  fill  or  prepare  a  hogshead,  barrel  or  other  package,  with 
such  intent,  shall  be  fined  ten  dollars  for  every  such  hogshead,  barrel 
or  other  package. 

Carroll's  Stat,  1922,  ch.  87,  p.  1305. 

Sec.  2721  (1906).  Sealed  measures  in  mills. — Every  owner  or  occupier 
of  a  mill,  grinding  meal,  flour,  bread  stuff,  feed  or  otherwise,  shall 
keep  therein  and  use  sealed  measures  of  half  bushel  and  peck,  and 
toll  dish  sealed,  and  shall  measure  all  grain  by  strike  measure  or 
weight,  under  a  penalty  of  five  dollars  for  every  such  failure,  re- 
coverable, with  costs,  before  a  justice  of  the  peace,  for  the  use  and 
benefit  of  the  common  school  fund  in  the  district  where  the  mill  is 
located.    *    *    * 


KENTUCKY  295 

Carroll's  Stats.,  1922,  ch.  133,  p.  2284. 

Sec.  4791  (1893).  Inspector,  weigher  and  registrar;  appointment;  re- 
moval; qualifications;  compensation. — The  commissioner  of  agriculture 
shall  appoint  an  inspector,  weigher  and  registrar  for  the  warehouses 
in  the  city,  and  fix  their  duties,  the  amount  and  kind  of  bond  to 
be  given  by  them,  and  their  fees,  which  shall  be  paid  by  the  seller, 
and  the  board  of  trade  shall,  at  least  once  in  each  year,  establish 
standard  grades  of  the  various  kinds  of  grain  by  which  the  in- 
spector shall  be  governed  in  their  inspection;  but  any  warehouse- 
man, seller  or  buyer,  or  other  person  in  interest,  may,  on  summary 
complaint  to  the  circuit  court  of  the  county,  obtain  a  reduction  of 
the  fees,  if,  in  the  opinion  of  that  court,  they  are  exorbitant.  And 
the  same  court  shall,  upon  complaint  of  malfeasance  or  neglect,  re- 
move any  inspector,  weigher  or  registrar,  and  declare  him  incompetent 
for  reappointment,  the  proceedings  being  as  near  as  may  be  similar  to 
those  for  vacating  an  office.  Mb  member  of  the  board  of  trade  or  per- 
son interested  in  any  warehouse,  shall  be  appointed  inspector,  weigher 
or  registrar,  nor  shall  any  inspector,  weigher  or  registrar  have  stored 
or  offer  for  sale,  in  any  warehouse  under  his  supervision,  any  com- 
modity owned  by  him  or  in  which  he  is  directly  or  indirectly  inter- 
ested, nor  shall  he  be  a  purchaser  at  any  sale  made  by  the  warehouse 
of  any  commodity  inspected,  weighed  or  registered  by  him.  No  per- 
son shall  be  appointed  inspector,  weigher  or  registrar  unless  he  be  a 
citizen  of  the  State  of  Kentucky,  has  attained  the  age  of  twenty-five 
years,  and  has  been  a  resident  of  the  city  for  which  he  has  been 
chosen  at  least  one  year  next  preceding  his  appointment. 

Sec.  4793  (1893).  Inspector  and  weigher  at  grain  warehouses;  bond; 
fees;  term. — In  all  cities  and  counties  where  there  are  grain  ware- 
houses, and  where  there  is  no  board  of  trade,  it  shall  be  the  duty  of 
the  fiscal  court  of  the  county  to  appoint  an  inspector  and  weigher 
for  said  warehouses  who  shall  file  a  bond  in  the  county  clerk's  office, 
with  good  sureties,  to  be  approved  by  the  court,  conditioned  for  the 
faithful  performance  of  his  duty  as  such  inspector  and  weigher,  on 
which  suit  may  be  brought  by  any  person  injured  by  the  violation  of 
such  duty.  Said  inspector  and  weigher  shall  have  the  inspection 
and  weighing  of  all  commodities  stored  in  said  warehouses.  The 
fiscal  court  of  the  county  shall  fix  the  fees  of  said  inspector  and 
weigher,  which  shall  be  paid  by  the  seller.  No  person  interested  in 
any  warehouse  shall  be  appointed  an  inspector,  weigher  or  registrar ; 
nor  shall  any  inspector,  weigher  or  registrar  have  stored  or  offered 
for  sale  in  any  warehouse  under  his  supervision  any  commodity  owned 
by  him  or  in  which  he  is  directly  or  indirectly  interested.  Nor  shall 
he  be  a  purchaser  at  any  sale  made  by  the  warehouse  of  any  com- 
modity inspected,  weighed  or  registered  by  him.  *  *  *  Said  in- 
spector and  weigher  shall  be  appointed  for  the  term  of  two  years 
and  until  his  successor  is  appointed  and  qualified. 

Sec.  4796.  Penalty  for  neglect  of  duty;  misdemeanor  to  improperly 
influence  inspector;  penalty  for. — Any  duly  authorized  inspector 
and  weigher  of  grain,  who  shall  be  guilty  of  neglect  of  duty,  or  who 
shall  knowingly  or  carelessly  inspect  or  grade  any  grain  improperly, 
or  who  shall  accept  any  money  or  other  consideration,  directly  or 
indirectly,  for  any  neglect  of  duty  or  the  improper  performance  of 
any  duty  as  such  inspector  of  grain,  and  any  person  who  shall  im- 


296  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

properly  influence  any  inspector  of  grain  in  the  performance  of  his 
duties  as  such  inspector,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  on  conviction,  shall  be  fined  in  a  sum  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars,  in  the  discretion  of  the 
jury,  or  shall  be  imprisoned  in  the  county  jail  not  less  than  three 
nor  more  than  twelve  months,  or  both,  in  the  discretion  of  the  jury. 

Sec.  4797.  Copy  of  this  law  to  be  posted. — All  proprietors  or  man- 
agers of  public  grain  warehouses  shall  keep  posted  up  at  all  times 
in  a  conspicuous  place  in  their  business  offices,  and  in  each  of  their 
warehouses,  a  printed  copy  of  this  act. 

Sec.  4814a-l  (1892).  Tobacco  warehouseman  to  grade  and  weigh,  and 
issue  receipts. — That  any  corporation,  company,  partnership  or  indi- 
vidual engaged  in  the  business  of  warehousemen  for  the  purpose 
of  receiving,  grading,  handling,  prizing  and  storing  tobacco,  shall, 
upon  the  receipt  of  such  tobacco,  grade  it  into  distinct  and  proper 
grades,  and  weigh  same;  and  shall  give  warehouse  receipt  therefor 
to  the  owner  or  consigner  thereof,  setting  forth  each  grade  and  the 
number  of  pounds  thereof;  and  after  so  doing  said  corporation, 
company,  partnership  or  individual  shall  have  the  right  to  com- 
mingle all  tobacco  so  received  into  like  grades  and  types.    *    *    * 

Sec.  4814a-4.  Competent  men  to  grade  and  weigh. — It  shall  be  the 
duty  of  such  warehousemen  to  have  some  person  or  persons  com- 
petent to  grade  such  tobacco  into  proper  grades  and  to  weigh  same 
in  proper  manner. 

Carroll's  Statutes,  1922,  ch.  88,  p.  1307. 

Sec.  2738a-l  (1914).  Mine  scales  to  be  provided;  testing  same. — The 
operator  or  superintendent  of  every  coal  mine  in  this  State,  to  which 
this  act  applies,  at  which  miners  are  paid  by  weight,  shall  provide  at 
such  mine  suitable  and  accurate  scales  for  the  weighing  of  the  coal 
for  which  the  miners  are  to  be  paid,  and  when  differences  arise 
between  the  operator  or  superintendent  of  the  mine  and  the  miners 
employed  in  the  same  as  to  the  accuracy  or  capacity  of  the  scales, 
the  question  shall  be  referred  to  the  county  inspector  of  weights 
and  measures,8  whose  duty  it  shall  be  to  inspect  and  test  said  scales 
as  early  as  practicable  after  receiving  notification;  and  should  said 
inspector  find  the  scales  inaccurate  or  defective  beyond  the  limit 
admitted  in  scales  of  standard  manufacture,  he  shall  notify  the 
operator  or  superintendent  of  the  mine  and  said  scales  shall  forth- 
with be  repaired  and  made  accurate,  or  accurate  scales  be  substituted 
therefor. 

Sec.  2738a-2.  Penalty. — Any  operator  or  superintendent  of  a  coal 
mine  who  refuses  or  willfully  fails  to  comply  with  the  instructions 
to  render  his  mine  scales  accurate  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

Sec.  2738q-l  (1886).  Inspector  of  scales  at  mines. — That  when  a 
majority  of  the  miners  engaged  in  digging  or  mining  coal  at  any 
coal  mine  in  this  State,  at  which  as  many  as  twenty  men  are  employed, 
request  the  owner  or  owners  or  operator  or  operators  of  any  of  said 
mines  to  allow  the  said  miners  to  employ,  at  their  own  expense,  a 

8  The  office  of  county  inspector  of  weights  and  measures  was  created  by  acts,  1910,  eh. 
90,  p.  265,  and  this  law  was  repealed  by  acts,  1914,  ch.  42,  p.  129. 


KENTUCKY  297 

person  to  inspect  the  scales  at  said  mine  and  see  that  the  coal  digged 
and  mined  by  said  miners  is  properly  weighed  and  accounted  for, 
and  do  and  perform  such  other  duties  as  will  insure  that  said 
coal  is  properly  weighed  and  correctly  accounted  for,  said  owner  or 
owners  or  operator  or  operators  shall  permit  such  person  to  be  em- 
ployed by  said  miners  making  the  request :  Provided,  The  person  so 
employed  has  the  reputation  of  being  an  honest,  trustworthy,  dis- 
creet and  upright  man.  The  appointment  under  the  provisions  of 
this  act  of  each  inspector  and  assistant  weigher  shall  be  approved  by 
the  judge  of  the  county  court  of  the  county  wherein  the  same  is 
made. 

Sec.  2738q-2.  Rights  and  duties  of  inspector. — The  person  appointed 
and  employed  by  miners  to  perform  the  duties  set  forth  in  the  first 
section  of  this  act  shall  at  all  times  have  free  access  to  the  scales  at 
the  mines,  and  the  said  person  so  employed  by  the  miners  shall  not 
be  hindered  or  prevented  from  a  proper  performance  of  his  duties 
by  the  person  who  weighs  coal  for  the  operator  or  operators  of  any 
mines,  nor  any  of  the  agents  or  employees  of  said  operator  or 
operator^.  Said  person  employed  by  the  miners  shall  in  no  way  pre- 
vent the  weighman  or  other  employees  of  said  operator  or  operators 
from  performing  their  duties  in  a  proper  manner. 

Sec.  2738q-3.  Penalty  for  violating  this  law. — Any  person  violat- 
ing any  of  the  provisions  of  this  act  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  and  each  day  on  which  any  of 
the  provisions  of  this  act  is  violated  shall  constitute  a  separate 
offense. 


LOUISIANA 
Stats.,  1920,  Vol.  3,  p.  2208. 

Sec.  1  (1898).  Offices  abolished.— That  the  office  of  inspector  of 
weights  and  measures  in  all  the  parishes  of  this  State,  "  except  the 
parish  of  Orleans,"  be  and  the  same  is  hereby  abolished. 

Sec.  2.  Authority  to  establish;  fees That  the  police  Jury  of  the 

several  parishes  throughout  the  State,  "  the  parish  of  Orleans  ex- 
cepted," shall  have  power  to  provide  for  said  inspection  when  they 
deem  it  necessary,  and  regulate  the  duties  and  fees  for  same. 

Stats.,  1920,  Vol.  3,  p.  2204. 

Sec.  1  (1912).  Two  complete  sets  of  weights  and  measures  to  be  pro- 
cured for  New  Orleans;  deposited  in  office  of  secretary  of  state. — That 
the  governor,  at  the  expense  of  the  State,  shall  procure,  or  cause 
to  be  procured,  for  the  use  and  guidance,  in  the  city  of  New  Or- 
leans, of  the  inspector  of  weights  and  measures  hereinafter  provided 
for,  two  complete  sets  of  copper  weights  to  correspond  with  weights 
of  their  denominations  used  by  the  revenue  officers  of  the  United 
States  in  their  offices,  together  with  scales  for  such  weights,  and 
stamps  and  seals,  with  such  device  as  the  governor  may  deem  proper ; 
and  also  two  complete  sets  of  measures,  calculated  for  dry,  liquid 
and  long  measures  of  the  same  capacity  and  length  as  those  of  their 
like  denomination  used  by  such  revenue  officers;  one  of  which  sets  of 
weights  and  measures,  together  with  the  scales  and  stamps,  shall 
be  deposited  in  the  office  of  the  secretary  of  state  to  serve  as  a  gen- 
eral standard  of  weights  and  measures  in  this  State :  Provided,  That 
in  the  event  the  equipments  hereinafter  prescribed  now  in  the  pos- 
session of  the  State  is  in  good  condition  it  may  be  used  and  the  gover- 
nor relieved  of  the  necessity  of  providing  the  new  equipment  herein 
authorized. 

Sec.  2.  Sealing  weights  and  measures. — That  on  and  after  January 
.1st,  1913,  it  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
use  in  the  conduct  of  any  business,  trade  or  avocation  for  the  purpose 
of  weighing  or  measuring  any  article  for  purchase  or  sale  within 
the  city  of  New  Orleans  any  weight,  measure,  scale  beam,  patent 
balance,  steelyard,  or  other  instrument  or  who  shall  maintain  or 
operate  any  weight,  measure,  scale  beam,  patent  balance,  steelyard 
or  other  instrument,  whether  automatic  or  otherwise,  used  for  the 
purpose  of  weighing  or  measuring  any  person  or  animal  for  hire 
or  reward,  or  any  commodity  for  sale  which  has  not  been  sealed  and 
for  which  the  certificate  hereinafter  provided  has  not  been  obtained 
from  the  inspector  of  weights  and  measures,  as  required  by  the  pro- 
visions of  this  act,  and  it  shall  be  the  duty  of  all  persons,  firms,  and 
corporations  to  have  any  weights,  measures,  scale  beams,  patent  bal- 
ances, steelyards  or  other  instruments,  whether  automatic  or  other- 
wise used  for  the  purpose  of  weighing  or  measuring  any  person  or 
animal  for  hire  or  reward,  or  any  commodity  for  sale,  inspected  and 
sealed  annually. 

298 


LOUISIANA  299 

Sec.  3.  Weights  and  measures  to  be  inspected. — That  every  person, 
firm  or  corporation,  using  weights,  measures,  scale  beams,  patent 
balances,  steelyards  or  any  instrument,  in  weighing  or  measuring 
any  article  intended  to  be  purchased  or  sold  in  the  city  of  New  Or- 
leans, or  in  weighing  or  measuring  any  person  or  animal,  for  hire 
or  reward,  shall  cause  the  same  to  be  inspected  and  sealed  annually 
by  the  inspector  of  weights  and  measures,  in  accordance  with  the  pro- 
visions of  this  act. 

Sec.  4.  Hawkers  and  peddlers,  etc.,  must  have  scales  and  measures 
examined;  failure,  a  violation  of  act. — That  all  itinerant  peddlers  and 
hawkers  using  scales,  balances,  weights  or  measures  or  other  instru- 
ments in  weighing  or  measuring  any  article  for  purchase  or  sale,  or 
intended  to  be  purchased  or  sold,  in  the  city  of  New  Orleans,  shall 
take  same  to  the  office  of  the  inspector  of  weights  and  measures  be- 
fore any  use  is  made  thereof,  and  have  the  same  sealed  and  adjusted ; 
and  also  to  have  the  same  sealed  and  adjusted  annually;  and  every 
day  such  person  shall  use  such  scales,  balances,  weights,  and 
measures,  without  having  the  same  adjusted  and  sealed  as  herein 
provided,  shall  constitute  a  separate  and  distinct  violation  of  this 
act. 

Sec.  5.  Two  inspectors  appointed. — That  there  shall  be  appointed  by 
the  governor,  by  and  with  the  consent  of  the  senate,  two  inspectors 
of  weights  and  measures  one  who  shall  exercise  the  functions  of  his 
office  in  the  first,  fourth,  sixth  and  seventh  municipal  districts  and 
one  who  shall  exercise  the  functions  of  his  office  in  the  second,  third 
and  fifth  district,  who  shall  have  their  offices  in  the  city  of  New 
Orleans :  Provided,  however,  That  the  governor  shall  have  the  power 
to  remove  from  office  any  inspector  or  assistant  inspector  of  weights 
and  measures,  or  employees  under  said  inspectors,  upon  satisfac- 
tory proof  made  to  him,  of  any  negligence  or  failure  to  perform  their 
duties  or  for  any  official  misconduct. 

Sec.  6.  Bond  furnished. — That  such  appointments  shall  be  for  f our 
years;  and  said  inspectors  shall  give  bond,  payable  to  the  governor, 
or  his  successors  in  office,  with  good  and  sufficient  sureties,  in  the 
penal  sum  of  five  thousand  dollars  each,  conditioned  for  the  faithful 
performance  of  the  duties  required  of  them  by  law. 

Sec.  7.  Duties.- — That  it  shall  be  the  duty  of  each  inspector  to  see 
that  no  other  weights  and  measures  than  those  established  by  law 
are  made  use  of  in  weighing  or  measuring  in  any  business,  trade  or 
avocation,  within  the  limits  of  the  city  of  New  Orleans. 

Sec.  8.  Unlawful  to  remove  seal. — That  it  shall  be  the  duty  of  said 
inspectors  to  inspect,  not  less  than  once  each  year,  all  weights,  meas- 
ures, scale  beams,  patent  balances,  steelyards,  and  other  instruments 
used  for  weighing  and  measuring  in  the  city  of  New  Orleans,  and  to 
stamp  with  a  suitable  seal,  all  weights  and  measures  and  scales  so 
used  and  which  he  may  find  accurate,  and  deliver  to  the  owner  thereof 
a  certificate  of  their  accuracy.  It  shall  be  unlawful  for  any  person 
or  persons  to  wilfully  remove  or  destroy  in  any  manner  erase  or 
conceal  any  stamp  or  seal  of  inspection  from  any  scale  weight  or 
measure. 

Sec.  9.  Powers  of  inspectors ;  inspection  of  apparatus  and  appliances ; 
police  powers. — That  the  inspectors  of  weights  and  measures  ap- 
pointed under  this  act  are  hereby  given  the  power — 


300  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

To  inspect  and  test  the  accuracy  of  all  measures,  of  every  kind  of 
tools  and  appliance  connected  therewith,  used  or  employed,  to  deter- 
mine the  weight,  size,  quantity  or  other  dimensions  of  any  liquids, 
solids,  or  other  articles  offered  for  sale,  hire,  or  award. 

To  reweigh  or  remeasure  any  package  put  up  ready  for  sale  or 
delivery,  or  any  amount  of  any  commodity  whatever,  commonly  so 
sold,  at  any  time  before  the  actual  delivery  of  such  package  or 
amount  of  commodity  to  the  buyer. 

To  enter,  without  formal  warrant  for  the  purpose  herein  specified, 
and  in  the  general  performance  of  their  official  duties,  any  stand, 
place,  building  or  premises,  or  to  stop  any  wagon  or  other  con- 
veyance in  or  upon  which  any  measure  or  measures,  or  weighed  or 
measured  packages,  or  amounts  of  commodity  are  kept,  maintained 
or  carried,  for  the  purpose  of  testing,  inspecting,  correcting  and 
sealing,  or  condemning  such  measures,  or  reweighmg,  or  remeasur- 
ing  such  packages  or  amounts  of  commodity,  either  upon  his  own 
initiative  or  at  the  request  of  any  State,  municipal  or  parish  official, 
or  upon  the  written  request  of  any  person. 

Sec.  10.  Violation. — That  in  the  event  it  is  found  that  any  such 
weights,  measures,  scale  beams,  balances,  or  other  instruments  used 
for  Weighing  or  measuring  at  the  stores  and  places  where  the  same 
may  be  used  are  not  conformable  to  the  standard  of  this  State  they 
shall  be  marked  "  condemned  "  and  the  owner  thereof  shall  within 
ten  days  thereafter  have  the  same  properly  adjusted  and  sealed,  in 
default  of  which  and  after  conviction,  he  shall  be  fined  or  imprisoned 
in  accordance  with  the  provisions  of  this  act. 

Sec.  11.  Refusal  to  exhibit  weights  and  measures. — That  it  shall  be 
unlawful  for  any  person  engaged  in  the  business  of  buying  or  selling 
to  refuse  to  exhibit  any  weight,  measure,  scale  beam,  patent  balance, 
steelyard,  or  other  instrument  to  said  inspectors,  for  the  purpose  of 
being  so  inspected  and  examined. 

Sec.  12.  Obstructing  inspector. — That  it  shall  be  unlawful  for  any 
person  in  any  way  or  manner  to  obstruct,  hinder  or  molest  the 
inspector  of  weights  and  measures  in  the  performance  of  his  duties, 
as  herein  imposed  upon  him,  or  refuse  to  weigh  or  measure  any 
article  of  merchandise  or  any  other  commodity  whatever,  or  refuse 
to  permit  said  inspector  to  ascertain  the  weight  or  measure  of  any 
article  of  merchandise  or  other  commodity  which  may  be  sold  or 
offered  for  sale. 

Sec.  13.  Eestrictions  upon  inspectors. — That  it  shall  be  unlawful  for 
said  inspectors  to  vend  or  sell  any  weights,  measures,  scale  beams, 
patent  balances,  steelyards,  or  other  instruments  to  be  used  for 
weighing  or  to  offer  or  expose  the  same  for  sale  or  purchase,  to  be 
engaged  in  any  business,  calling  or  occupation,  where  weights  or 
measures  are  used  or  required. 

Sec.  14.  Salary. — That  the  salaries  of  said  inspectors  are  hereby 
fixed  at  the  sum  of  fifteen  hundred  dollars  per  annum,  to  be  paid 
monthly  by  the  city  of  New  Orleans  out  of  the  fees  collected  for 
inspection  under  the  provisions  of  this  act :  Provided  however,  That 
should  the  inspection  fund  be  insufficient  at  any  time  to  pay  said  sala- 
ries the  city  treasurer  shall  at  the  expiration  of  the  following  month 
or  months  pay  the  arrears  out  of  the  said  fund  should  a  surplus 
arise:  Provided,  That  at  the  expiration  of  each  year  the  city  treas- 


LOUISIANA  301 

urer  shall  turn  over  any  balance  of  said  inspection  funds  to  the  gen- 
eral fund  of  the  city  of  New  Orleans  for  the  use  of  said  city. 

Sec.  15.  Refusal  of  certificate. — That  whenever  it  is  necessary  for 
said  inspectors  to  employ  anyone  to  repair  defective  scales  or  any 
kind  of  weights  and  measures  whatever3  the  cost  or  of  [of  or]  ex- 
pense thereof  shall  be  collected  from  the  owner  of  such  scales,  meas- 
ures or  other  instruments,  and  upon  refusal  of  such  payment,  it 
shall  be  the  duty  of  said  inspector  to  refuse  to  issue  the  certificate 
provided  for  in  section  8  of  this  act. 

Sec.  16.  Yearly  inspection;  fees. — That  the  fees  of  the  inspection 
shall  be  as  follows,  and  no  more,  to  wit : 

For  each  yearly  visit  and  inspection  of  a  full  set  of  steel-yards, 
or  of  scale  with  their  weights,  or  of  balances  with  their  weights, 
or  of  a  bushel  measure  with  its  parts,  or  of  a  gallon  measure  and  its 
parts,  or  a  set  of  yard  sticks,  they  shall  receive  twenty  cents;  for 
sealing  each  weight  and  measure  four  cents;  for  the  examination  of 
each  platform  scale,  cotton  and  tobacco  scale  and  its  apparatus, 
thirty  cents;  and  for  sealing  the  same  twenty-five  cents;  the  fees  in 
all  cases  to  be  paid  by  the  owner  of  the  weights  and  measures  in- 
spected and  sealed.  The  stamp  shall  be  impressed  and  payment 
required  for  doing  the  same  only  on  such  as  have  been  stamped, 
or  such  as,  having  once  been  stamped,  are  found  so  defective  as  to 
require  to  be  regulated  with  the  standard,  and  payment  thereof  shall 
be  evidenced  by  a  certificate  from  such  inspector.  Failure  to  produce 
and  exhibit  such  a  certificate  shall  be  deemed  and  treated  as  prima 
facie  evidence  of  the  violation  of  the  provisions  of  this  act. 

Sec.  17.  Fees  and  fines  to  be  paid  to  city  treasurer  daily. — That  all 
fees  and  fines  collected  or  imposed  under  the  provisions  of  this  act 
or  any  other  act  shall  be  paid  to  the  city  of  New  Orleans  daily  and 
the  city  treasurer  shall  keep  said  collections  in  a  separate  fund  from 
which  shall  be  paid  the  salaries  of  the  inspectors  in  accordance  with 
the  provisions  of  this  act. 

Sec.  18.  Penalty. — That  any  person,  firm,  corporation  or  itinerant 
peddler  or  hawker,  convicted  of  violating  any  of  the  provisions  of 
this  act  shall  be  punished  as  follows,  viz :  For  the  first  offense,  by  fine 
of  not  less  than  twenty-five  dollars  or  more  than  fifty  dollars  or  im- 
prisonment for  not  less  than  ten  days  nor  more  than  thirty  days  in 
the  parish  jail,  or  both  in  the  discretion  of  the  court;  for  the  second 
and  subsequent  offense,  by  a  fine  of  not  less  than  fifty  dollars,  not 
more  than  one  hundred  dollars  and  imprisonment  of  not  less  than 
ten  days  or  more  than  thirty  days  in  the  parish  jail;  provided  that 
upon  the  second  conviction  of  the  violation  of  any  of  the  provisions 
of  this  act  the  inspector  shall  seize  and  destroy  any  and  all  con- 
demned weights,  measures,  scale  beams,  patent  balances,  steel  yards, 
and  other  instruments  used  for  weighing,  found  in  use. 

Sec.  19.  Penalty. — That  any  inspector  of  weights  and  measures  con- 
victed of  violating  any  of  the  provisions  of  this  act  shall  be  punished 
by  fine  of  not  less  than  twenty-five  dollars,  or  more  than  fifty  dollars, 
or  imprisonment  of  not  less  than  ten  days  or  more  than  thirty  days, 
or  both,  in  the  discretion  of  the  court,  and  such  conviction  shall 
carry  with  it  immediate  removal  from  office. 

Sec.  20.  City  attorney  to  be  legal  adviser. — That  in  all  legal  matters, 
suits  or  other  proceedings  the  city  attorney  of  the  city  of  New  Orleans 


302  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

shall  act  for  and  on  behalf  of  the  aforesaid  inspector  of  weights  and 
measures. 

Stats.,  1920,  Vol.  3,  p.  2208. 

Eev.  Stats.,  sec.  3925  x  (al902).  Barrel  measure  and  subdivisions; 
barrels  for  meal,  flour,  and  pork;  sack  for  bran  or  chops;  baskets  for 
oysters. — There  shall  be  in  this  State  a  dry  measure  to  be  known 
under  the  name  of  barrel,  which  shall,  except  for  the  purchase  and 
sale  of  oysters  contain  three  and  a  quarter  bushels,  according  to  the 
American  standard,  and  shall  be  divided  into  half  and  quarter  bar- 
rels, and  a  barrel  of  meal  or  flour  shall  contain  not  less  than  one 
hundred  and  ninety-six  pounds  net,  and  a  barrel  of  mess  pork  shall 
contain  not  less  than  200  pounds  net,  and  a  sack  of  bran  or  chops  shall 
contain  not  less  than  100  pounds  net.  But  for  the  sale  of  oysters, 
baskets  shall  be  used  which  shall  contain  one-half  of  the  standard 
barrel,  which  standard  barrel  contains  three  and  a  quarter  bushels 
according  to  this  section,  said  baskets  to  be  stamped  according  to  law. 

Eev.  Stats.,  sec.  3926°. x  Coal  measure;  grain;  wheat,  corn,  oats, 
barley,  and  rye. — Coal  shall  be  sold  by  the  barrel  or  bushel  measure; 
grain  shall  be  sold  by  the  barrel,  bushel  or  weight ;  the  legal  weight 
of  a  bushel  of  wheat  shall  be  sixty  pounds ;  of  a  bushel  of  corn  fifty- 
six  pounds;  of  a  bushel  of  oats  thirty-two  pounds;  of  a  bushel  of 
barley  thirty-two  pounds,  and  of  a  bushel  of  rye  thirty-two  pounds. 

Acts,  1924;  Act  No.  140,  p.  232. 

Sec.  12.  Barrel  of  shrimp. — That  there  be  and  are  hereby  levied  sev- 
erance taxes  on  all  salt  water  shrimp  taken  from  the  waters  of  this 
State  for  drying  or  canning  purposes,  or  for  sale  in  their  fresh  state, 
within  the  State  of  Louisiana,  as  follows:  A  severance  tax  of  ten 
cents  (10^)  per  barrel,  said  barrel  to  contain  two  hundred  and  ten 
(210)  pounds  of  shrimp,  is  hereby  levied     *     *     *. 

Stats.,  1920,  Vol.  3,  p.  2210. 

Sec.  1  (al912) .  Coal  and  coke  gauger. — That  there  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate, 
one  coal  and  coke  boat  gauger,  who  shall  have  his  office  in  the  city 
of  New  Orleans:  Provided,  however,  That  the  governor  shall  have 
the  power  to  remove  from  office  any  coal  and  coke  boat  or  barge 
gauger  upon  satisfactory  proof  made  to  him  of  negligence  or  official 
misconduct. 

Sec.  2.  Bond  required. — That  said  gauger  shall  give  bond,  payable 
to  the  governor  or  his  successors  in  office  with  sufficient  surety,  in 
the  penal  sum  of  three  thousand  dollars,  conditioned  for  the  faith- 
ful performance  of  the  duties  required  of  him  by  law. 

Sec.  3  (al904) .  All  boats  and  barges  of  coal  must  be  gauged. — It  shall 
be  the  duty  of  said  gaugers  to  gauge  all  boats  and  barges  contain- 
ing coal  whether  anthracite  or  bituminous,  or  coke,  brought  into 
the  State  of  Louisiana  for  sale  or  delivery  under  rules  made  out  of 
this  State. 

Sec.  4  (1888).  Gauging;  bushel;  barrel. — That  such  gauging  shall 
consist  in  reducing  the  length,  breadth  and  depth,  inside  measure- 
ment, of  boats  or  barges,  deducting  all  obstructions  and  displace- 

1  The  section  numbers  here  given  are  the  numbers  carried  in  the  previous  Revised 
Statutes. 


LOUISIANA  303 

ments,  into  cubic  inches  and  dividing  said  cubic  inches  by  twenty-six 
hundred  and  eighty-eight  (2,688),  thus  ascertaining  the  net  measure- 
ment in  bushels.  Two  and  six-tenths  (2^)  bushels  shall  constitute 
a  barrel. 

Sec.  5  (al904).  Duty  of  coal  gaugers. — In  all  cases  it  shall  be  the 
duty  of  the  gaugers,2  or  either  of  them,  to  respond  promptly  to  any 
call  made  for  their  services,  and  to  furnish  a  full  and  detailed  certifi- 
cate of  gross  measurement  of  the  boat  or  barge  gauged,  and  the  al- 
lowance made  for  obstructions  and  displacements:  Provided,  how- 
ever, That  the  failure  to  call  upon  them,  or  either  of  them,  shall  not 
relieve  them,  or  either  of  them,  of  the  obligation  to  gauge  all  coal 
and  coke  boats  and  barges  as  provided  by  section  one  of  this  act. 

Sec.  6  (1888).  Fee. — That  the  fee  for  gauging  or  regauging  shall 
be  ten  dollars  ($10),  for  each  boat,  and  five  dollars  for  each  barge, 
to  be  paid  by  the  seller,  except  as  hereinafter  provided. 

Sec.  7.  Regauging. — That  the  purchaser  of  any  boat  or  barge  of 
coal  or  coke,  shall  have  the  privilege  of  calling  upon  the  said 
gauger  or  gaugers  to  regauge  boats  or  barges  in  all  cases  where  the 
original  gauge  is  not  satisfactory,  and  such  regauge  shall  be  adopted 
as  the  correct  measure.  If  the  original  gauge  shall  be  found  to  be 
correct,  then  the  purchaser  shall  pay  the  fee  for  regauging;  but  if 
the  regauge  shows  a  less  measure,  then  the  seller  shall  pay  the  fee. 

Sec.  8  (al904).  Inspection  required;  penalty. — No  boatload  of  coal  or 
coke,  nor  any  part  thereof,  shall  be  delivered  to  the  purchaser 
whether  the  sale  thereof  was  made  within  or  without  the  State, 
until  it  has  been  inspected  as  provided  for  in  this  act.  And,  any 
person  partnership,  firm  or  corporation  who  shall  sell  or  deliver  in 
this  State  a  boatload  or  a  barge  load  of  coal  or  coke,  or  any  part 
thereof,  that  has  not  been  gauged  as  herein  provided,  or  who,  within 
twenty-four  (24)  hours  after  the  arrival  in  this  State  of  any  boat 
or  barge  loaded  with  coal  or  coke,  shall  not  have  notified  said  coal 
gaugers,  or  either  of  them,  at  their  offices  in  the  city  of  New  Orleans, 
of  its  arrival  in  this  State  requesting  that  the  same  be  gauged,  as 
aforesaid,  shall  be  liable  to  a  penalty  of  fifty  dollars  ($50)  for  each 
boat  or  barge  of  coal  or  coke,  or  part  thereof,  so  sold  or  delivered, 
and  for  each  boat  or  barge  so  arriving  in  this  State  of  which  no 
notice  was  given  to  the  said  coal  gaugers,  to  be  recovered  with  costs 
of  suit,  in  any  court  of  competent  jurisdiction  for  the  benefit  of  the 
charity  hospital  of  the  city  of  New  Orleans. 

Sec.  9  (1888).  Tenure  of  office. — The  term  of  office  of  said  gaugers 
shall  be  four  years. 

Stats.,  1920,  Vol.  3,  p.  2212. 

Seel  (al902).  Gauge  of  coal;  fee. — That  all  anthracite  or  bitu- 
minous coal  sold  in  this  State  shall  be  gauged  or  weighed  by  the 
State  coal  and  coke  gaugers  in  the  State,  whose  fees,  duties  and  re- 
sponsibilities shall  remain  as  now  fixed  by  law,  provided  the  fee  for 
weighing  shall  not  exceed  one  cent  per  ton. 

Sec.  2  (1894).  Standard  barrel  and  ton. — That  the  standard  measures 
for  the  bituminous  and  anthracite  coal  in  this  State  shall  be  the 

2  Act  No.  45  of  acts  of  1912,  p.  53,  amended  sees.  1  and  2,  reducing  the  number  of  in- 
spectors from  2  to  1,  but  corresponding  change  was  not  made  in  the  remainder  of  the  law. 

517—26 20 


304  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

barrel  containing  6,988  cubic  inches  and  the  standard  ton  of  2,000 
pounds. 

Sec.  3.  Fine. — That  whoever  shall  violate  the  provisions  of  this  act 
shall  be  adjudged  guilty  of  a  misdemeanor  and  shall  be  fined  not 
less  than  $50  nor  more  than  $100,  at  the  discretion  of  the  court,  for 
each  offense. 

Acts,  1920,  Act.  No.  87,  p.  125. 

Sec.  1.  Municipal  corporations  to  provide  for  inspection  and  testing  of 
weights  and  measures. — That  all  municipal  corporations  shall  have 
the  power  to  provide  for  inspection  and  testing  of  weights  and 
measures  used  within  said  municipalities,  and  to  revoke  the  license 
of  any  person  using  false  weights  and  measures  within  said  muni- 
cipalities, and  to  provide  penalties  for  the  violation  of  any  laws 
passed  under  the  power  hereby  delegated. 

Acts,  1920,  Act.  No.  189,  p.  310. 

Sec.  15.  Duty  and  power  of  major  and  board  of  aldermen  of  every  city, 
town  and  village;  weights  and  measures  of  commodities. — That  the 
mayor  and  board  of  aldermen  of  every  city,  town  and  village,  shall 
have  the  care,  management,  and  control  of  the  city,  town  or  village 
and  its  property  and  finances,  and  shall  have  power  to  enact  ordi- v 
nances  for  the  purpose  hereinafter  named,  and  such  as  not  repug- 
nant to  the  laws  of  the  State,  and  such  ordinance  to  alter,  modify 
and  repeal;  and  they  shall  have  power.     *     *     * 

Ninth.  To  prescribe  rules  for  the  weighing  and  measurement  for 
every  commodity  sold  in  the  municipality,  in  all  cases  not  otherwise 
provided  by  law,  and  to  provide  for  the  measuring  of  wood  and 
fuel  and  the  weighing  of  coal,  and  determine  the  place  or  places 
for  the  sale  of  the  same  and  fix  fees  and  duties  of  the  person  author- 
ized to  perform  the  duties  herein  named;     *     *     * 

Stats.,  1920,  Vol.  1,  p.  284. 

Sec.  1  (1912).  Ice  wagons  to  be  equipped  with  weighing  devices. — 
That  dealers  in  ice  who  employ  wagons,  trucks,  cars  etc.,  in  deliver- 
ing ice  to  consumers  shall  equip  such  wagons,  trucks,  cars  etc.,  with 
scales  or  a  mechanism  for  accurately  weighing  the  ice  when  actually 
delivered  to  the  consumer,  and  that  such  weighing  device  shall  be  so 
located  as  to  be  open  to  public  view. 

Sec.  2.  Unlawful  to  overcharge. — That  it  shall  be  unlawful  for  an}' 
dealer  in  ice  to  charge  and  collect  for  a  greater  amount  of  ice  than 
the  amount  actually  delivered  to  the  consumer. 

Sec.  3.  Penalty. — That  any  person,  firm,  association  or  corporation 
found  guilty  of  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall  pay  a 
fine  not  exceeding  fifty  dollars  or  be  imprisoned  not  over  thirty 
days,  or  both  in  the  discretion  of  the  court. 

Stats.,  1920,  Vol.  1,  p.  805. 

Sec.  2  (1914).  Meaning  of  term  "  misbranded."— That  the  term  "  mis- 
branded,"  as  used  herein,  shall  apply  to  articles  of  food  in  package 
form  which  do  not  bear  plainly  and  conspicuously  marked  on  the 
outside  thereof  the  quantity  of  the  contents  in  terms  of  weight, 
measure  or  numerical  count:  Provided,  That  reasonable  variations 


LOUISIANA  305 

shall  be  permitted,  and  tolerances,  and  also  exemptions  as  to  small 
packages  shall  be  established  by  the  State  board  of  health  by  rules 
and  regulations  uniform  with  rules  and  regulations  established  by 
the  United  States  Department  of  Agriculture. 

Sec.  3.  Article  of  food. — That  the  term  "  an  article  of  food,"  as  food 
[used]  herein,  shall  include  all  articles  used  as  food,  drink,  con- 
fectionery or  condiment  by  man  or  other  animals,  whether  simple, 
mixed  or  compound.  "  In  package  form  "  shall  mean  any  container, 
whether  glass,  tin,  wood  or  paper  in  which  the  article  of  food  is 
packed  and,  with  its  contents,  sold,  offered  for  sale,  or  in  possession 
for  sale.  The  terms  "  weight  or  measure "  shall  mean  the  net 
weight,  or  net  measure,  in  terms  in  accordance  with  trade  customs. 

See.  4.  Enforcement  by  board. — That  the  State  board  of  health 
shall  be  charged  with  the  enforcement  of  this  act  as  in  the  enforce- 
ment of  any  provisions  of  the  sanitary  code;  not,  however,  to  the 
exclusion  of  other  authorities  charged  with  the  enforcement  of  the 
laws. 

Stats.,  1920,  Vol.  1,  p.  275. 

Sec.  1  (1906).  Weight  to  be  marked  on  packages  of  grain,  etc. — That 
it  shall  be  unlawful  for  any  corporation,  firm,  manufacturer, 
merchant  or  other  dealer,  their  agents  or  employees,  to  sell  or  offer 
for  sale,  any  grain,  chops,  bran,  fertilizer,  meal,  flour  or  shorts, 
in  sacks,  barrels  or  other  original  packages,  unless  the  true  weight 
of  each  package  of  such  grain,  chops,  bran,  fertilizer,  meal,  flour  and 
shorts  be  stamped  or  marked  upon  the  sacks,  barrel  or  other  packages. 

Sec.  2.  Penalty. — That  any  corporation,  shipper,  manufacturer, 
merchant,  or  other  dealer,  their  agents  or  employees,  who  shall  vio- 
late any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  in  the  district  court  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  twenty-five  dollars. 

Stats.,  1920,  Vol.  1,  p.  17. 

Sec.  1  (1906).  Enforcement. — That  the  State  board  of  agriculture 
and  immigration  shall  be  charged  with  the  duties  of  enforcing  this 
act  for  the  regulation  of  the  sale  of  certain  mill  products  and  cereals 
not  otherwise  provided  for,  to  prevent  fraud  therein. 

Sec.  2.  Weights  of  packages  of  flour  and  meal. — That  mill  products 
hereinafter  mentioned  shall  have  the  following  standard  weights, 
viz:  Barrels  of  flour  one  hundred  and  ninety-six  pounds  (196); 
halves,  whether  in  wood  or  sacks,  ninety-eight  pounds  (98) ;  quar- 
ters, forty-eight  pounds  (48) ;  eighths,  twenty-four  pounds  (24)  ; 
meal,  bolted  or  unbolted,  shall  be  net  one  hundred  and  ninety-six 
pounds  (196)  per  barrel,  whether  in  wood  or  sacks,  and  fractional 
parts  thereof  shall  be  in  the  same  proportion,  and  cereals  or  grains 
of  any  kind  shall  have  the  net  weight  given  upon  each  barrel  or 
package. 

Sec.  3.  Net  weight  to  be  marked  on  packages. — That  the  correct 
names,  and  the  true  net  weight  of  the  contents  of  each  and  every 
hogshead,  barrel,  cask,  bale,  sack  or  package  of  any  of  the  foregoing 
products,  whether  sold  in  single  packages  or  lots,  shall  be  plainly 
marked,  branded  or  stenciled  in  large  letters  and  figures  not  less  than 
two  inches  in  size  upon  the  exterior  of  such  hogshead,  barrel,  box, 
cask,  sack  or  package,  in  a  conspicuous  place,  as  the  head,  in  case  of 


306  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

hogshead  or  barrel  and  the  front  or  branded  side,  in  case  of  sacks, 
bales  or  package,  and  it  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  sell  or  exchange  or  offer  for  sale  or  exchange  any  of 
such  products  so  packed  or  contained  until  the  provisions  hereof  have 
been  complied  with. 

Sec.  4.  Penalty. — That  if  any  person  shall  knowingly  violate  the 
provisions  of  this  act,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  a  sum  not  less  than  twenty- 
five  dollars  nor  more  than  one  thousand  dollars,  and  each  transaction 
shall  be  deemed  a  separate  offense,  which  fine  or  fines  shall  be 
recoverable  before  any  court  of  competent  jurisdiction  at  the  suit  of 
the  commissioner  of  agriculture  and  immigration,  or  any  citizen, 
without  bond  or  advance  cost,  and  shall  be  disposed  of  as  hereinafter 
provided. 

Sec.  5.  Interference  with  inspector. — That  any  manufacturer,  dealer 
or  other  person  who  shall  impede,  obstruct,  hinder  or  otherwise  pre- 
vent or  attempt  to  prevent  any  inspector  or  other  person  in  the  per- 
formance of  his  duty  in  connection  with  this  act  shall  be  guilty  of  a 
misdemeanor  and  shall  upon  conviction  be  fined  not  less  than  ten 
dollars  nor  more  than  fifty  dollars. 

Sec.  6.  Products  subject  to  seizure  for  penalties  due. — That  the  com- 
missioner shall  have  a  privilege  on  any  mill  products  and  cereals  sold 
in  this  State,  in  violation  and  contravention  of  the  provisions  of  this 
act,  and  may  proceed  by  writ  of  provisional  seizure  against  the  mill 
products  and  cereals  so  sold  in  the  hands  of  whomsoever  they  may  be, 
and  wheresoever  he  may  find  them,  regardless  of  the  domicile  of  the 
owner  thereof,  [to  recover  the  fines  and  penalties  due  for  the  illegal 
sale  thereof],3  by  presenting  a  petition  to  a  competent  judge  or  mag- 
istrate, within  whose  jurisdiction  said  mill  products  and  cereals  are 
found,  stating  on  oath  at  the  foot  of  the  petition  the  amount  and 
nature  of  the  demand,  the  mill  products  or  cereals  on  which  the 
privilege  exists,  and  praying  that  the  mill  products  or  cereals  be 
seized  to  satisfy  the  claim  and  pay  the  costs  of  suits. 

Stats.,  1920,  Vol.  3,  p.  2208. 

Seel  (1914).  Stock-yard  and  slaughterhouse  weighers  are  public 
weighers. — The  weighers  employed  by  the  slaughterhouses  and  stock- 
yards of  this  State  be  and  they  are  hereby  declared  to  be  public 
weighers,  with  all  the  duties  and  obligations  customarily  incident 
thereto,  and  that  their  certificates  of  the  weights  of  all  stock,  both 
singly  and  in  carload  lots,  shall  be  accepted  by  all  common  carriers 
and  corporations,  persons,  companies  and  individuals  doing  business 
at  the  yards  of  the  said  company. 

Stats.,  1920,  Vol.  2,  p.  1409. 

Sec.  1  (1904).  Shrimp  measure. — That  shrimp  shall  be  measured  by 
the  basket,  and  that  each  basket  shall  contain  seventy  pounds  avoir- 
dupois of  shrimp. 

Stats.,  1920,  Vol.  1,  p.  268. 

Seel  (1888).  "Scalage"  deductions;  unlawful.— That  it  shall  be 
unlawful  for  any  purchaser  or  weigher  of  cotton  to  deduct  two 

3  The  portion  in  brackets  is  not  contained  in  the  statutes,  but  is  given  in  the  original 
act. 


LOUISIANA  307 

pounds,  or  any  number  of  pounds,  known  as  scalage,  from  the  actual 
weight  of  any  bale  of  cotton,  weighed  or  purchased  by  them. 

See.  2.  Damaged  cotton. — That  purchasers  shall  account  to  the  seller 
of  cotton  in  all  instances  for  the  actual  weight  of  the  bale  purchased 
or  weighed,  except  in  cases  of  wet  or  damaged  cotton,  when  the 
amount  to  be  deducted  may  be  agreed  upon  by  the  parties  buying 
and  selling. 

Sec.  3.  Penalty. — That  for  each  violation  of  this  act,  the  offender 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  by 
a  court  of  competent  jurisdiction,  he  shall  be  fined  not  less  than  ten 
nor  more  than  fifty  dollars. 

Stats.,  1920,  Vol.  2,  p.  1406. 

Sec.  1  (1910).  Standard  measure  for  oysters. — That  there  shall  be  in 
this  State  for  the  purchase  and  sale  of  oysters  arriving  at  ports 
or  cities  within  the  State  of  more  than  fifty  thousand  inhabitants 
from  any  other  port,  city  or  place,  whether  said  oysters  arrive  in 
barrels,  sacks,  bulk  or  otherwise,  a  standard  measure  in  the  form 
of  a  basket,  which  shall  contain  one  bushel  and  one-half  bushel, 
said  baskets  to  be  inspected  and  stamped  by  the  inspector  of  weights 
and  measures  or  other  officers  exercising  his  functions  for  the  respec- 
tive districts  or  parishes  where  said  oysters  arrive,  if  there  be  any 
such  inspector  or  officer  at  the  place  of  arrival,  and  in  the  Parish 
of  Orleans  by  the  inspector  of  weights  and  measures  of  the  munici- 
pality or  district  where  the  oysters  thus  arriving  are  unloaded. 

Sec.  2.  Inspection  at  destination. — That  each  and  every  sack  of 
oysters  arriving  at  the  ports  or  cities  mentioned  in  section  1  of 
this  act  shall  contain  one  standard  basket  as  established  by  this 
act,  and  each  and  every  barrell  of  oysters  arriving  at  the  different 
ports  or  cities  mentioned  in  said  section  1  of  this  act,  shall  contain 
two  standard  baskets  as  established  by  section  1  of  this  act,  said 
sacks  and  barrels  to  be  inspected  by  the  inspector  or  officer  exercis- 
ing his  functions  as  provided  in  section  1,  and  must  contain  the 
measurements  stated  in  this  act  at  the  time  of  delivery  to  the  con- 
signee, buyer  or  importer,  and  at  the  time  of  delivery  to  any  sub- 
sequent buyer  of  said  oysters  after  arrival,  whether  in  sacks,  barrels 
or  baskets. 

Sec.  3.  Fees  of  inspector  of  weights  and  measures. — That  the  inspector 
of  weights  and  measures  or  other  officer  exercising  his  functions 
in  the  district  or  parish  where  said  oysters  are  unloaded  shall 
be  entitled  to  charge  and  collect  for  such  inspection  from  the  buyers, 
importers  or  consignees  of  said  oysters  a  fee  of  one-fourth  of 
one  cent  for  each  basket  inspected  and  unloaded,  payable  imme- 
diately, and  the  inspector  or  other  officer  exercising  his  functions 
may  issue  a  certificate  of  inspection  and  measurement  which  shall 
be  prima  facie  evidence  of  such  inspection  and  measurement  of  the 
oysters  under  the  provisions  of  this  act ;  provided  that  for  the  stamp- 
ing of  each  basket  mentioned  in  section  1,  such  inspector  or  officer 
shall  be  entitled  to  charge  and  collect  immediately  after  stamping, 
from  the  owner  or  owners  of  the  baskets  so  inspected  or  stamped, 
a  fee  of  thirty  cents. 

Sec.  4.  Examination  of  manifest  of  oyster  boats. — That  for  the 
purpose  of  making  the  inspection  and  measurement  provided  by  this 


308  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

act,  and  of  ascertaining  the  number  of  sacks,  barrels  and  baskets 
arriving  in  the  different  ports  and  cities  mentioned  in  section  1  and 
the  names  and  addresses  of  the  sellers,  exporters,  consignors,  buyers, 
importers  and  consignees  of  such  oysters  to  be  inspected  and  meas- 
ured under  the  provisions  of  this  act,  and  the  quantity  consigned  to 
each  buyer,  imported  [importer]  and  consignee,  and  such  other 
information  as  may  be  necessary  to  obtain  in  order  to  perform  the 
duties  imposed  upon  him  by  law,  such  inspector  or  officer  exercising 
his  functions  shall  have  the  right  and  power  to  go  on  board  the  boat 
arriving  with  such  oysters,  in  order  to  count  the  number  of  barrels, 
sacks  and  baskets  thus  arriving  and  to  be  unloaded  from  said  boat, 
and  shall  also  have  the  right  and  power  to  demand  and  obtain  an 
examination  of  the  boat's  manifest  and  it  shall  be  the  duty  of  the 
owner,  master,  captain  or  other  person  in  charge  of  said  boat  or  of 
said  manifest  to  produce  the  manifest  and  allow  such  examination 
by  said  inspector  or  officer. 

Sec.  5.  Cities  of  more  than  50,000  inhabitants  to  make  inspections. — 
That  any  and  all  buyers,  sellers,  importers  and  exporters  of  oysters 
arriving  at  the  different  ports  and  cities  in  the  State  of  Louisiana, 
of  more  than  fifty  thousand  inhabitants,  are  charged  with  the 
duty  of  having  such  oysters  inspected  and  measured,  and  such  bas- 
kets inspected  and  stamped,  in  accordance  with  the  provisions  of 
this  act  and  any  and  all  buyers,  sellers,  importers  and  exporters  of 
oysters  arriving  at  the  ports  and  cities  mentioned  in  section  1,  and 
any  and  all  owners,  masters  and  captains  of  boats  arriving  with 
oysters  at  said  ports  or  cities,  and  any  other  person  or  persons,  firm 
or  firms  and  corporation  or  corporations  (through  their  proper 
officer)  violating  any  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punishable  for  each  offense  by 
fine  not  exceeding  twenty-five  dollars,  or  imprisonment  not  exceeding 
thirty  days,  or  both,  at  the  discretion  of  the  court  having  jurisdiction. 

Sec.  6.  Inspectors  to  be  from  parishes  shipping  oysters. — That  there 
shall  be  an  oyster  inspector  selected  and  appointed  by  the  gov- 
ernor from  each  parish  shipping  oysters  under  the  provisions  of 
this  act,  whose  duties  and  functions  shall  be  to  inspect  and  measure 
every  sack  and  barrel  of  oysters  arriving  at  the  different  ports  or 
cities  mentioned  in  section  1  of  this  act,  at  the  same  time  and  place 
as  the  inspection  might  be  made  by  the  inspector  of  weights  and 
measures,  or  other  officer  exercising  similar  functions,  mentioned  in 
section  2  of  this  act:  Provided,  There  shall  be  only  one  inspection 
and  measurement  of  oysters  made  by  each  oyster  inspector  provided 
for  in  this  section. 

Sec.  7.  Fee  and  certificate  of  inspector. — That  the  said  oyster  in- 
spector, mentioned  in  section  6  of  this  act,  shall  be  entitled  to  collect 
from  the  buyer,  importer  or  consignee  of  said  oysters,  one-fourth  of 
one  cent  for  each  basket  inspected  and  unloaded,  payable  immedi- 
ately by  the  said  buyer,  importer  or  consignee  of  said  oysters  for  the 
account  and  at  the  expense  of  the  consignor  or  shipper  of  said 
oysters :  Provided,  That  the  oyster  inspector  herein  mentioned  shall 
sign  all  certificates  of  inspection  and  measurement  referred  to  in 
section  3  of  this  act,  together  with  the  inspector  of  weights  and 
measures,  or  other  [officer]  exercising  his  functions,  and  no  such 
certificate  shall  be  valid  or  of  any  effect  unless  signed  by  both  said 


LOUISIANA  309 

inspectors,  nor  shall  any  claim  for  shortage  of  measure  be  allowed 
any  consignee,  buyer  or  importer  of  said  oysters,  unless  he  shall  have 
first  secured  this  certificate  of  inspection  and  measurement. 

Sec.  8.  Disputes  to  be  arbitrated. — That  in  the  event  the  two  in- 
spectors provided  for  in  this  act  fail  to  agree  in  their  inspection 
and  measurement  of  oysters,  as  provided  for  in  this  act,  either  or 
both  shall  immediately  call  in  as  arbitrator  the  presiding  officer  of 
the  board,  or  commission,  exercising  control  over  the  oyster  indus- 
try, and,  in  his  absence,  any  member  of  said  board  or  commission, 
and,  in  the  absence  of  the  latter,  any  inspector  of  said  board  or  com- 
mission, whose  award  shall  be  final  and  who  shall  make  out  and 
sign  the  certificate  of  inspection  and  measurement  herein  referred  to. 

Stats.,  1920,  Vol.  1,  p.  18. 

Sec.  1  (1916).  Establishing  standards  and  grades  of  fresh  farm  prod- 
ucts and  providing  funds  for  that  purpose. — That  the  commissioner  of 
agriculture  and  immigration  may  at  the  request  of  any  grower  or 
shipper  or  association  of  growers  or  shippers,  as  far  as  practicable, 
establish  and  promulgate  standards  of  grades  and  other  classifica- 
tions of  fresh  farm  products  by  which  their  quantity,  quality,  or 
value  may  be  determined,  and  further  prescribe  and  promulgate 
rules  and  regulations  covering  the  mark,  brand  or  labels  which  may 
be  used  upon  receptacles  of  fresh  farm  products  for  the  purpose  of 
showing  the  name  and  address  of  the  producer  or  packer,  the  quan- 
tity, quality  and  nature  of  the  products. 

Provided,  further,  That  at  the  request  and  expense  of  any  grower 
or  shipper,  or  association  of  growers  or  shippers  of  farm  produce, 
that  the  commissioner  of  agriculture  and  immigration  may  provide 
an  inspector  or  inspectors  to  supervise  the  packing  and  loading  of 
fresh  farm  products  according  to  the  standards  and  classifications 
established,  and  mark  the  receptacle  in  a  manner  to  show  such  super- 
vision has  been  provided. 

Stats.,  1920,  Vol.  2,  p.  920. 

Sec.  1°.  Barrels;  contents,  brands,  etc. — All  barrels  shall  be  made  of 
good  seasoned  oak,  or  ash,  free  from  every  defect;  and  every  barrel 
shall  contain  two  hundred  pounds  of  beef  or  pork,  the  barrel  not  to 
measure  more  than  eighteen  inches  across  the  head  and  twenty- 
eight  long,  to  be  hooped  with  at  least  twelve  good,  substantial  hoops : 
the  barrel  to  be  branded  on  the  bilge  with  at  least  the  initials  of  the 
cooper's  name  and  weight  which  is  contained  in  each  barrel,  and 
also  to  be  plainly  branded  with  the  first  letters  of  the  Christian  name 
and  the  surname  at  full  length  of  the  inspector. 

Stats.,  1920,  Vol.  2,  p.  926. 

Sec.  1  (1910).  Meters  to  be  furnished  consumers. — That  every  person, 
firm,  association  or  corporation  now  engaged  or  hereafter  engaging 
in  the  business  of  furnishing  natural  or  artificial  gas  for  heating, 
illuminating  or  other  purposes,  electricity  for  illuminating  or  for 
power  or  other  purposes,  water  for  domestic  use  or  power  or  other 
purposes,  and  paid  for  by  patrons  by  meter  measure,  shall  furnish 
to  each  and  every  patron  a  meter  properly  tested  and  in  good  order, 
and  shall  arrange  such  meters  so  that  the  patron  can,  at  any  time, 
see  the  meter  dial  and  ascertain  how  much  gas,  electricity  or  water 


310  LAWS   CONCERNING   WEIGHTS   AND  MEASURES 

is  being  consumed,  and  for  what  amount  such  patron  is  liable 
therefor. 

Sec.  2.  Maximum  charge  for  commodity.— That  it  shall  be  unlawful 
for  any  person,  firm,  association  or  corporation  engaged  in  furnish- 
ing gas,  water  or  electricity  to  consumers,  to  be  paid  for  by  meter 
measure,  to  charge  or  receive,  from  any  patron  or  consumer,  pay  for 
more  gas,  electricity  or  water  than  the  meter  furnished  by  such 
person,  firm,  association  or  corporation  shall  indicate  has  been  used 
by  such  consumer  at  the  time  to  which  payment  is  made  and  re- 
ceived, provided  the  minimum  charge  contracted  for  with  the  munici- 
palities shall  not  be  affected. 

Sec.  3.  Furnishing-  deceptive  meters,  etc. — That  it  shall  be  unlawful, 
for  any  person,  firm,  association  or  corporation  who  knowingly  con- 
structs or  uses  or  furnishes  to  consumers  of  gas,  electricity  or  water, 
to  be  used,  any  false  meter  or  any  false  system  for  measuring  and 
registering  the  quantity  of  gas,  electricity  or  water  consumed  by 
any  person  who  is  connected  with  the  service  of  said  gas,  electric  or 
water  company. 

Sec.  5.  Penalty  for  violation. — That  any  person,  firm,  association 
or  corporation  violating  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  not  less  than  twenty-five  dollars  and  not  more  than  two 
hundred  dollars  for  each  offense. 

Sec.  6.  Authority  of  municipalities. — That  the  several  municipalities 
of  this  State  are  given  the  power  and  authority  to  appoint  inspectors 
to  carry  out  the  intent  and  purposes  of  this  act,  and  further  grant- 
ing and  giving  to  the  several  municipalities  of  this  State  the  power 
and  authority  to  pass  ordinances  providing  for  the  inspection  of  gas, 
water,  electric  light  and  power  meters,  and  fixing  the  expense  of 
same. 

Stats.,  1920,  Vol.  3,  p.  2210. 

Sec.  1  (1918).  "  Scribner-Doyle  "  rule  or  scale  adopted. — That  what  is 
known  as  the  "  Scribner-Doyle  "  rule  or  scale  shall  be  the  standard 
rule  for  the  measurement  of  saw-logs  in  this  State. 

Sec.  2.  Penalty  for  violation. — That  any  person,  firm  or  corporation 
who  shall  compute  the  measurement  of  saw-logs,  sawn,  delivered 
or  bought  by  any  other  rule  or  scale  than  the  above  in  making  set- 
tlement with  employee,  contractor  or  seller,  shall  be  deemed  guilty 
of  a  misdemeanor,  subject  to  indictment  by  presentment  by  grand 
jury  or  by  bill  of  information,  and  on  conviction  on  bill  of  infor- 
mation or  indictment  before  any  court  of  competent  jurisdiction, 
shall  be  fined  in  the  sum  of  not  less  than  one  hundred  dollars  ($100) 
nor  more  than  five  hundred  dollars  ($500),  or  be  imprisoned  not 
less  than  sixty  days  nor  more  than  twelve  months  at  the  discretion 
of  the  court. 

Stats.,  1920,  Vol.  1,  p.  24. 

Sec.  4  (1916).  Tags  or  labels  to  be  affixed  to  all  lots  or  parcels  of 
feeding  stuffs  containing  ingredients. — That  every  lot  or  parcel  of 
commercial  feeding  stuffs  sold,  offered  or  exposed  for  sale  or  dis- 
tributed within  this  State  shall  have  affixed  thereto  a  tag  or  label, 
in  a  conspicuous  place  on  the  outside  thereof  containing  a  legible 
and  plainly  printed  statement  in  the  English  language  clearly  and 
truly  certifying: 


LOUISIANA  311 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel ; 
(&)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer  or 
person  responsible  for  placing  the  commodity  on  the  market ;    *    *    * 

Stats.,  1920,  Vol.  1,  p.  29. 

Sec.  2  (1916).  Fertilizers;  labels  must  show  contents,  etc. — That  all 
corporations  or  persons,  before  selling  or  offering  for  sale  any  com- 
mercial fertilizer  for  use  within  this  State,  shall  brand  or  attach  to 
each  bag,  barrel  or  package  a  plainly  printed  statement,  showing  the 
brand  or  name  of  said  fertilizer,  the  net  weight  of  the  contents  of 
the  package,  the  name  and  address  of  the  corporation,  firm  or  person 
registering  said  fertilizer     *     *     * 

Sec.  17.  Standards  of  weight  of  bags,  etc. — That  all  fertilizers  or 
fertilizing  materials  sold  or  offered  for  sale  for  use  within  this  State, 
shall  be  in  bags  or  packages  of  one  hundred  pounds  net,  or  of  two 
hundred  pounds  net  weight,  except  tankage,  dried  blood  and  bone 
meal,  which  may  be  shipped  in  one  hundred  and  sixty-seven  pound 
bags  or  packages,  and  except,  further,  that  imported  fertilizer  in 
original  bags,  barrels  or  other  containers  of  weights  other  than  one 
hundred  and  two  hundred  pounds,  shall  be  marketed  in  the  original 
containers,  if  the  proper  taggage  fees  are  paid,  and  the  product  is 
otherwise  subject  to  all  the  provisions  of  this  act,  and  as  provided 
in  section  15.  The  weight  of  fertilizer  shall  be  ascertained  by  in- 
spectors before  drawing  the  sample. 

Acts,  1920,  Act  200,  p.  331. 

Sec.  1.  Providing  for  licensing  of  persons  testing  milk  or  cream  by  the 
Babcock  method. — That  any  person  testing  milk  or  cream  by  the 
Babcock  method  where  the  result  of  such  test  is  used  as  a  basis  for 
payment,  or  for  public  record,  or  for  record  in  any  of  the  national 
treed  associations,  shall  first  obtain  from  the  director  of  the  State 
experimental  station  a  license  to  do  such  testing.  Such  license  shall 
be  granted  upon  satisfactory  evidence  of  good  moral  character  and 
the  ability  to  make  such  tests  based  upon  satisfactorily  passing  an 
examination  set  by  the  director  of  the  State  experimental  station 
and  upon  the  payment  of  a  license  fee  of  two  dollars  and  forty  cents 
($2.40).  Licenses  granted  under  this  section  shall  be  revocable  by 
the  director  of  the  State  experimental  station  upon  evidence  of 
dishonesty,  incompetency  or  inaccuracy.  Any  license  so  issued 
shall  be  valid  until  the  next  succeeding  January  1st,  and  no  license 
shall  be  issued  for  less  than  a  year,  except  in  the  case  of  a  person 
requesting  a  license  after  January  1st  of  any  year,  in  which  case  a  fee 
of  twenty  cents  (20c.)  for  each  month  or  fractional  part  thereof 
until  the  next  succeeding  January  1st.  and  such  license  shall  be  paid 
for  in  advance.  Licenses  shall  be  renewed  at  the  discretion  of  the 
director  of  the  State  experimental  station  without  further  examina- 
tion, upon  the  payment  by  the  applicant  of  a  license  fee  of  two 
dollars  and  forty  cents  ($2.40). 

Sec.  2.  Bottles,  pipettes  or  measuring  glasses  to  be  tested  for  accuracy 
of  measurement  at  Louisiana  Agricultural  Experiment  Station. — That  all 
bottles,  pipettes  or  measuring  glasses  used  by  a  person  in  determining 
by  the  Babcock  method  the  value  of  milk  or  cream,  where  the  result 
of  such  test  is  used  as  a  basis  for  payment  or  for  public  record,  or 


312  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

for  record  in  any  of  the  national  breed  associations  shall,  before 
such  use,  be  tested  for  accuracy  of  measurement  and  for  accuracy 
of  the  per  cent  scale  market  thereon,  at  the  Louisiana  Agricultural 
Experiment  Station.  Such  bottles,  pipettes  or  measuring  glasses 
as  are  correct  shall  be  marked  in  permanent  marks  or  characters, 
which  shall  be  proof  that  they  were  so  tested;  but  in  correct  [in- 
correct] bottles,  pipettes  or  measuring  glasses  shall  be  destroyed. 
The  person  owning  such  bottles,  pipettes  or  glasses  shall  pay  the 
actual  expense  of  testing  the  accuracy  of  same.  Such  mark  or 
character  as  the  Louisiana  State  Experiment  Station  shall  select 
as  its  official  mark  for  tested  bottles,  pipettes  or  glassware  shall  be 
used  only  by  the  Louisiana  Agricultural  Experiment  Station  and 
its  use  by  any  other  person  or  persons  is  strictly  prohibited. 


MAINE 

Rev.  Stats.,  1916,  ch.  48,  p.  737. 

Sec.  1  (al913).  Commissioner  of  agriculture  shall  be  sealer  of  weights 
and  measures ;  standard  weights  and  measures  of  the  United  States  shall 
be  standards  in  this  State. — The  commissioner  of  agriculture  shall  be 
the  State  sealer  of  weights  and  measures. 

The  standard  weights  and  measures  furnished  by  the  Government 
of  the  United  States  in  accordance  with  the  joint  resolution  of  Con- 
gress approved  June  fourteenth,  eighteen  hundred  and  thirty-six, 
and  any  additions  thereto  and  renewals  thereof  certified  to  by  the 
United  States  Bureau  of  Standards,  and  weights,  measures,  balances 
and  apparatus  added  by  the  State  sealer  of  weights  #nd  measures 
and  verified  by  the  United  States  Bureau  of  Standards,  shall  be  the 
standards  of  weights  and  measures  through  this  State. 

Sec.  2.  Standards  shall  be  kept  at  the  statehouse ;  State  standards  shall 
be  kept  in  good  order;  shall  compare  standards  in  cities  and  towns  once 
in  five  years. — The  standards  adopted  by  the  State  shall  be  kept  at 
the  statehouse  under  the  supervision  of  the  State  sealer  and  shall  not 
be  removed  or  used  except  for  the  adjustment  of  a  set  of  working 
standards  that  are  copies  of  the  original  standards  or  for  scientific 
purposes  or  to  be  verified  by  the  National  Bureau  of  Standards.  The 
State  sealer  shall  maintain  the  State  standards  in  good  order  and 
shall  submit  them  at  least  once  in  ten  years  to  the  National  Bureau 
of  Standards  for  certification.  He  shall  at  least  once  in  five  years 
cause  the  standards  of  the  several  cities  and  towns  to  be  compared 
and  corrected  to  conform  with  the  State  standards. 

Sec.  3.  Shall  establish  tolerances  in  this  State;  other  powers  and 
duties. — The  State  sealer  of  weights  and  measures  shall  after  consul- 
tation with,  and  with  the  advice  of,  the  National  Bureau  of  Stand- 
ards, establish  tolerances  for  use  in  this  State,  and  said  tolerances 
shall  be  the  legal  tolerances  of  the  State.  He  shall  have  general  su- 
pervision of  the  weights  and  measures,  and  weighing  and  measuring 
devices  of  the  cities  and  towns  of  the  State,  and  cause  the  enforce- 
ment of  all  laws  pertaining  to  weights  and  measures  in  use  in  the 
State  and  may  appoint  such  agents  as  he  desires  to  assist  in  the 
enforcement. 

Sec.  4,  as  amended  by  Laws,  1919,  ch.  6,  p.  6.  State  sealer  shall  enforce 
provisions  of  law. — He  shall  enforce  the  provisions  of  law  requiring 
municipal  officers  to  procure  and  maintain  standards  of  weights  and 
measures,  and  the  appointing  of  a  sealer  of  weights  and  measures. 
He  may  appoint  a  deputy  who  shall  have  the  authority  conferred  by 
the  two  following  sections,  and  may  appoint  inspectors  with  au- 
thority to  perform  any  part  or  all  of  the  duties  provided  in  sections 
five  and  six. 

Sec.  5  (al913).  State  sealer  shall  visit  cities  and  towns  to  inspect 
work  of  local  sealers. — He  or  his  duly  appointed  deputy  shall  visit 

313 


314  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

the  various  cities  and  towns  in  the  State  in  order  to  inspect  the  work 
of  the  local  sealers,  and  may  at  all  times  inspect  and  test  the  weights, 
measures  and  balances  of  any  person,  firm,  association  or  corporation 
used,  or  to  be  used,  in  purchasing  from  or  selling  to  the  public  any 
goods,  wares,  merchandise  or  other  commodities ;  if  any  such  weights, 
measures  or  balances  are  found  to  be  inaccurate  or  defective,  he  shall 
forthwith  cause  the  same  to  be  corrected  or  condemned. 

Sec.  6.  May  test  commodities  offered  for  sale  for  correct  weight. — He 
or  his  duly  appointed  deputy  may,  at  irregular  intervals,  examine 
commodities  sold  or  offered  for  sale  and  test  them  for  correct  weight, 
measure  or  count,  and  bring  complaint  for  violations  of  sections  eight 
to  twenty-five,  both  inclusive,  of  this  chapter.  He,  or  his  duly  ap- 
pointed deputy  may  for  the  purpose  stated  above,  and  in  the  general 
performance  of  his  or  their  official  duties,  have  access  without  formal 
warrant  to  any  stand,  place,  building  or  premises,  or  may  stop  any 
-vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any  person 
for  the  purpose  of  making  the  proper  tests. 

Sec.  7  (1911).  Kecord  and  report. — He  shall  keep  a  record  in 
detail  of  the  work  of  his  office  and  shall  annually,  on  or  before  the 
first  day  of  December,  make  a  written  report  of  the  work  and  the  ex- 
penses of  his  office  to  the  governor  and  council. 

Laws,  1917,  ch.  33,  p.  27. 

Powers  of  local  sealers  of  weights  and  measures  increased. — That  all 
local  sealers  of  weights  and  measures  and  their  deputy  sealers  in 
cities  and  towns  shall  have  the  same  power  that  is  given  the  State 
sealer  of  weights  and  measures  and  deputy  State  sealer  by  section 
six  of  chapter  forty-eight  of  the  Revised  Statutes. 

Revised  Stats.,  1916,  ch.  48,  p.  737. 

Sec.  8,  as  amended  by  Laws,  1917,  ch.  61,  p.  48.  Municipal  officers  to 
elect  for  indefinite  term ;  removable  only  for  neglect ;  State  sealer  to  have 
jurisdiction. — The  municipal  officers  of  each  town  shall  elect  a  sealer 
of  weights  and  measures,  also  a  deputy  sealer  if  necessary,  not  neces- 
sarily a  resident  therein,  and  said  sealer  and  deputy  shall  hold  office 
during  their  efficiency  and  the  faithful  performance  of  their  duties 
and  shall  be  removed  by  said  officers  only  for  neglect  of  duty.  The 
State  sealer  of  weights  and  measures  shall  have  jurisdiction  over 
said  sealer  or  deputy  sealer,  and  any  vacancy  caused  by  death  or 
resignation  shall  be  filled  by  election  by  said  municipal  officers  within 
thirty  days ;  for  each  month  that  said  municipal  officers  neglect  their 
duty  they  severally  shall  forfeit  ten  dollars.  Within  ten  days  after 
each  such  election  the  clerk  of  each  city  or  town  shall  communicate 
the  name  of  the  person  so  elected  to  the  State  sealer  of  weights  and 
measures,  and  for  neglect  of  this  duty  shall  forfeit  ten  dollars.  Such 
sealer  of  weights  and  measures  in  any  town  may  be  Sealer  for  several 
towns  if  such  is  the  pleasure  of  the  municipal  officers  therein,  pro- 
vided such  action  received  the  approval  of  the  State  sealer  of  weights 
and  measures. 

Sec.  9  (al913).  Treasurers  of  each  town  shall  keep  town  standards. — 
The  treasurers  of  each  town,  at  the  expense  thereof,  or  jointly  with 
the  treasurers  of  adjacent  towns,  shall  constantly  keep  as  town 
standards  a  set  of  beams  and  weights  and  measures  subject  to  the 
approval  of  the  State  sealer  and  conformable  to  the  State  standards. 


MAINE  315 

Said  treasurers  shall  cause  all  beams  and  weights  and  "measures  be- 
longing to  their  towns  to  be  proved  and  sealed  by  the  State  stand- 
ards once  in  five  years,  beginning  the  first  day  of  January,  nineteen 
hundred  thirteen,  and  for  every  neglect  of  said  duty  they  forfeit  one 
hundred  dollars. 

Sec.  10.  Cities  may  own  scales ;  appoint  weighers  and  deputy  sealers. — 
Any  city  may  purchase  and  keep  for  use  scales  for  weighing  hay 
and  other  articles,  appoint  weighers  and  fix  their  fees,  to  be  paid 
by  the  purchaser.  The  municipal  officers  of  cities  and  towns  may 
appoint  a  deputy  sealer  of  weights  and  measures  to  hold  office  dur- 
ing their  pleasure  and  fix  his  compensation.  Such  deputy  shall  act 
under  the  direction  of  the  sealer  of  weights  and  measures  in  the 
municipality,  and  shall  have  the  same  authority  as  the  sealer  in  the 
performance  of  his  duties. 

Sec.  11.  City  and  town  sealers  shall  keep  records  of  weights  and 
measures  sealed,  etc.;  shall  make  annual  report. — The  several  city  and 
town  sealers  and  other  persons  authorized  to  inspect  weights  and 
measures  shall  keep  records  of  all  weights  and  measures,  balances 
and  measuring  devices  inspected,  sealed  or  condemned  by  them,  giv- 
ing the  name  of  the  owner  or  agent,  the  place  of  business,  the  date 
of  inspection  and  kind  of  apparatus  so  inspected,  sealed  or  con- 
demned. He  shall  make  an  annual  report,  duly  sworn  to,  on  or  be- 
fore the  first  day  of  November  of  each  year,  to  the  State  sealer, 
giving  in  addition  to  the  above  an  inventory  of  the  standards  and 
apparatus  in  his  possession,  and  such  other  information  as  he  may 
deem  important,  or  as  the  State  sealer  may  require. 

Sec.  12  (al915).  Duty  of  sealer  to  receive  and  receipt  for  standards; 
penalty  for  neglect. — The  person  appointed  as  provided  in  section 
eight,  shall  receive  the  standards  and  seal  from  the  treasurer,  giving 
a  receipt  therefor,  describing  them  and  their  condition,  and  therein 
engaging  to  re-deliver  them  at  the  expiration  of  his  office  in  like 
good  order;  and  he  shall  be  accountable  for  their  due  preservation 
while  in  his  possession.  For  every  neglect  of  any  duty  prescribed  by 
this  chapter  he  shall  forfeit  ten  dollars. 

Sec.  13  (1899).  Sealers  shall  give  notice  of  times  and  places  for  seal- 
ing; weights  and  measures. — The  sealers  of  weights  and  measures  in 
the  several  cities  and  towns  shall  annually  give  public  notice  by 
advertisement,  or  by  posting  in  one  or  more  public  places  in  their 
respective  cities  and  towns  notices  to  all  inhabitants  or  persons  hav- 
ing usual  places  of  business  therein  and  who  use  weights,  measures  or 
balances  for  the  purpose  of  selling  any  goods,  wares,  merchandise  or 
other  commodities  or  for  public  weighing  to  bring  in  their  weights, 
measures  and  balances  to  be  adjusted  and  sealed.  Such  sealers  shall 
attend  in  one  or  more  convenient  places  and  shall  adjust,  seal  and 
record  all  weights,  measures  and  balances  so  brought  in. 

Sec.  14.  Sealers  shall  visit  persons  who  neglect  to  comply. — After  giv- 
ing said  notice  the  said  sealers  shall  go  to  the  houses,  stores  and 
shops  of  persons  who  neglect  to  comply  therewith,  and  having  en- 
tered the  same  with  the  assent  of  the  occupants  thereof,  shall  adjust 
and  seal  their  weights,  measures  and  balances. 

Sec.  15.  Shall  visit  once  a  year  all  having  scales  and  test  same. — Said 
sealers  shall  go  once  a  year  and  oftener  if  necessary,  to  every  hay 
and  coal  scale,  to  every  platform  balance  within  their  respective 


316  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

cities  and  towns  that  can  not  be  easily  or  conveniently  removed,  and 
shall  test  the  accuracj^  of  and  adjust  and  seal  the  same. 

Sec.  16.  All  scales,  weights,  and  measures  may  be  tested  any  time. — All 
persons  using  any  scales,  weights  or  measures  for  the  purpose  of 
buying  or  selling  any  commodity,  may,  when  they  desire  it,  have  the 
same  tested  and  sealed  by  the  sealers  of  weights  and  measures  at  the 
office  of  any  of  said  sealers. 

Sec.  17.  If  sealer  can  not  seal  any  weights,  etc.,  he  may  mark  to  show 
inspection ;  use  of  weights,  etc.,  that  can  not  be  adjusted  by  sealers,  for- 
bidden.— In  case  a  sealer  of  weights  and  measures  can  not  seal  any 
weights,  measures  and  balances  in  the  manner  before  provided,  he 
may  mark  them  with  a  stencil,  or  by  other  suitable  means  so  as  to 
show  that  they  have  been  inspected;  but  he  shall  in  no  case  seal  or 
mark  as  correct  any  weights,  measures  or  balances  which  do  not  con- 
form to  the  standards.  If  such  weights,  measures  or  balances  can  be 
readily  adjusted  by  such  means  as  he  has  at  hand,  he  may  adjust  and 
seal  them;  but  if  they  cannot  be  readily  adjusted,  he  shall  affix  to 
such  weights,  measures  or  balances  a  notice,  forbidding  their  use 
until  he  is  satisfied  that  they  have  been  so  adjusted  as  to  conform  to 
the  standards;  and  whoever  removes  said  notice  without  consent  of 
the  officer  affixing  the  same,  shall  for  each  offense  forfeit  a  sum  not 
less  than  ten  dollars  and  not  exceeding  fifty  dollars. 

Sec.  18.  Sealer  shall  be  furnished  with  appliances  for  testing  weights, 
etc.,  by  towns  and  cities. — A  sealer  when  visiting  the  place  of  business 
of  any  person  for  the  purpose  of  testing  any  weights,  measures  or 
balances,  may  use  for  that  purpose  such  weights,  measures  or  bal- 
ances as  he  can  conveniently  carry  with  him,  and  each  city  and  town 
shall  furnish  its  sealer  with  one  or  more  duplicate  sets  of  weights, 
measures  and  balances,  which  shall  at  all  times  be  kept  to  conform 
to  the  standards  furnished  by  the  State,  and  all  weights,  measures 
and  balances  so  sealed  shall  be  deemed  to  be  legally  sealed  the  same  as 
if  tested  and  sealed  with  the  standard  weights,  measures  and  balances. 

Sec.  19.  False  weights  and  measures  may  be  seized. — A  sealer  of 
weights  and  measures  may  seize  without  a  warrant  such  weights, 
measures  or  balances  as  may  be  necessary  to  be  used  as  evidence  in 
cases  of  violation  of  the  law  relating  to  the  sealing  of  weights  and 
measures,  such  weights,  measures  or  balances  to  be  returned  to  the 
owners,  or  forfeited  as  the  court  may  direct. 

Sec.  20.  Proceedings,  when  complaint  is  made,  that  incorrect  weight, 
etc.,  are  being  used ;  penalty  for  using  weight,  etc.,  after  refusal  of  per- 
mission to  test. — When  a  complaint  is  made  to  a  sealer  of  weights 
and  measures  by  any  person  that  he  has  reasonable  cause  to  believe 
or  when  such  sealer  himself  has  reasonable  cause  to  believe  that  a 
weight,  measure  or  balance  used  in  the  sale  of  any  commodity  within 
his  city  or  town  is  incorrect,  the  said  sealer  shall  go  to  the  place 
where  such  weight,  measure  or  balance  is  and  shall  test  the  same,  and 
mark  it  according  to  the  result  of  the  test  applied  thereto;  and  if 
the  same  is  incorrect  and  can  not  be  adjusted,  the  said  sealer  shall 
attach  a  notice  thereto,  certifying  that  fact,  and  forbidding  the 
use  thereof  until  it  has  been  made  to  conform  to  the  authorized 
standard.  Any  person  using  a  weight,  measure  or  balance  after  a 
sealer  has  demanded  permission  to  test  the  same,  and  has  been  refused 
such  permission  shall  be  liable  to  a  penalty  of  not  less  than  ten,  nor 
more  than  one  hundred  dollars. 


MAINE  317 

Sec.  21.  How  incorrect  weights,  etc.,  shall  be  stamped. — All  weights, 
measures  and  balances  that  cannot  be  made  to  conform  to  the  stand- 
ard shall  be  stamped  "  Condemned "  or  "  CD  "  by  the  sealer,  and 
no  person  shall  thereafter  use  the  same  under  the  penalties  provided 
in  the  case  of  the  use  of  false  weights  and  measures. 

Sec.  22.  Scales  shall  be  sealed  before  sale  or  use. — Before  any  weights, 
measures,  scales,  steelyards,  beams  or  balances  are  used,  they  shall  be 
sealed  by  a  public  sealer  of  weights  and  measures. 

Sec.  23.  Quarter,  hundredweight,  ton,  decimal  hundred. — Such  articles 
as  are  sold  or  exchanged  in  any  market  or  town  in  the  State  by  gross 
or  avoirdupois  weight,  shall  be  sold  or  exchanged  as  follows :  twenty- 
live  avoirdupois  pounds  constitute  one  quarter;  four  quarters,  one 
hundred;  and  twenty  hundreds,  one  ton;  and  all  other  articles, 
usually  sold  by  tale,  shall  be  sold  by  decimal  hundred. 

Sec.  24,  as  amended  by  laws,  1917,  ch.  207,  p.  205.  Powers  of  sealer 
and  deputy.  Whoever  by  himself,  or  by  his  servant,  or  as  the  agent 
or  servant  of  another,  shall  use  or  retain  in  his  possession  any  false 
scales,  weight  or  measure  or  weighing  or  measuring  device  in  the 
buying  or  selling  of  any  commodity  or  thing,  or  whoever  after  a 
weight,  measure,  scale,  balance  or  beam  has  been  adjusted  and  sealed, 
shall  alter  it  so  that  it  does  not  conform  to  the  public  standard  and 
shall  fraudulently  make  use  of  it,  or  whoever  shall  dispose  of  any 
condemned  scales,  weight,  measure,  or  weighing  or  measuring  de- 
vice, contrary  to  law,  or  remove  any  tag,  stamp  or  mark  placed 
thereon  by  the  sealer ;  or  whoever  by  himself,  or  by  his  agent  or  serv- 
ant, or  as  agent  or  servant  of  another,  shall  sell,  offer  or  expose  for 
sale  less  than  the  quantity  he  represents,  or  whoever  by  himself,  or 
by  his  agent  or  servant,  or  as  the  agent  or  servant  of  another,  shall 
sell,  offer  for  sale,  or  have  in  his  possession  for  the  purpose  of  sell- 
ing, any  false  scales,  weight  or  measures,  or  any  device  or  instru- 
ment to  be  used  or  calculated  to  falsify  any  weight  or  measure, 
shall  be  guilty  of  a  misdemeanor  and  shall  for  the  first  offense  be 
punished  by  a  fine  of  not  more  than  fifty  dollars;  for  the  second 
offense  by  a  fine  of  not  less  than  twenty,  nor  more  than  two  hundred 
dollars,  and  for  any  subsequent  offense  by  a  fine  of  fifty  dollars 
and  by  imprisonment  for  not  less  than  thirty,  nor  more  than  ninety 
days.  The  possession  or  use  by  any  person  of  any  false  weight, 
measure  or  other  apparatus  for  determining  the  quantity  of  any 
commodity  or  article  of  merchandise  is  presumptive  evidence  of 
knowledge  by  such  person  of  the  falsity  of  such  weight,  measure  or 
other  apparatus.  Every  sealer  of  weights  and  measures  who  has 
reasonable  cause  to  believe  that  a  weight,  measure,  scale,  balance  or 
beam  has  been  altered  since  it  was  last  adjusted  and  sealed  shall 
enter  the  premises  in  which  it  is  kept  or  used  and  shall  examine  the 
same.  _  A  sealer,  or  his  duly  appointed  deputy  may  examine  com- 
modities sold  or  offered  for  sale  and  test  them  for  correct  weight, 
measure  or  count,  and  bring  complaint  for  violations  of  sections 
eight  to  twenty-five,  both  inclusive,  of  this  chapter.  He,  or  his 
duly  appointed  deputy  may,  for  the  purpose  stated  above,  and  in 
the  general  performance  of  his  or  their  official  duties,  have  access 
without  formal  warrant  to  any  stand,  place,  building  or  premises, 
or  to  any  sales  slip,  record  of  sale,  or  weight  slip,  or  may  stop  any 
vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any  person 


318 


LAWS  CONCERNING   WEIGHTS  AND   MEASURES 


for  the  purpose  of  making  the  proper  tests.  Any  person  refusing  to 
exhibit  any  sales  slip,  record  of  sale,  or  weight  slip  in  his  possession, 
or  to  allow  proper  tests  for  correct  weight,  measure  or  count,  or  re- 
fusing to  proceed  to  a  proper  and  convenient  place  for  the  making 
of  any  such  test,  shall  be  punished  by  a  fine  not  exceeding  ten 
dollars. 

Sec.  25  (1899).  Penalty  for  using  weights,  etc.,  which  have  not  been 
sealed. — Whoever  sells  by  any  other  weights,  measures,  scales,  beams 
or  balances  than  those  which  have  been  sealed  as  before  provided, 
shall  forfeit  a  sum  not  exceeding  twenty  dollars  for  each  offense, 
and  when  by  the  custom  of  trade  such  weights,  measures,  scales, 
beams  or  balances  are  provided  by  the  buyer,  he  shall,  if  he  pur- 
chases by  any  other,  be  subject  to  a  like  penalty  to  be  recovered 
by  an  action  of  tort  to  the  use  of  the  complainant. 

Sec.  26  (al913).  Jurisdiction  of  courts. — Municipal  and  police 
courts  and  trial  justices  shall  have  original  jurisdiction,  concur- 
rent with  the  supreme  judicial  court  and  superior  courts,  of  prosecu- 
tions for  all  offenses  against  the  laws  pertaining  to  weights  and 
measures. 

Sec.  27  (1899).  Sealer  may  be  paid  salary  and  fees  paid  into  treas- 
ury.— The  city  council  of  a  city  may  by  ordinance,  and  a  town  may 
by  by-law,  provide  that  the  sealer  of  weights  and  measures  for 
their  city  or  town  shall  be  paid  by  a  salary,  and  that  he  shall 
account  for  and  pay  into  the  treasury  of  the  city  or  town  the  fees 
received  by  him  by  virtue  of  his  office;  and  where  such  salary  is 
paid  no  fees  shall  be  charged  for  services  rendered  under  section 
thirteen. 

Sec.  28.  Appointments  and  fees  of  measures;  size  of  hogshead. — The 
municipal  officers  of  towns  annually  may  appoint  measurers  of 
salt,  corn  and  grain  therein,  who  shall  receive  such  fees  from  the 
purchaser  as  said  officers  establish;  and,  in  every  contract  made  in 
the  State  for  the  sale  of  salt  by  the  hogshead,  such  hogshead  shall 
consist  of  eight  bushels;  and,  when  the  buyer  or  seller  requests,  salt, 
corn  or  grain  bought  or  sold  in  places  where  such  measures  live 
shall  be  measured  by  them. 

Sec.  29  (al915).  Weights  per  bushel;  weight  of  barrel  of  flour  and 
potatoes. — Standard  weights  per  bushel  of  commodities  are  as 
follows : 1 


Pounds 

Potatoes 60 

Apples 44 

Apples,  dried 25 

Wheat 60 

Corn  or  rye 56 

Cracked  corn,  feed,  or  meal  of  any 

kind  except  oatmeal 50 

Barley  or  buckwheat 48 

Carrots  or  English  turnips 50 

Onions 52 

Rutabaga,    sugar    beets,    mengel- 

wurzel,  turnips,  and  other  beets.  60 

Parsnips 45 

Beans 60 

Lima  beans 56 

1  For  convenience  of   reference  a   change  has  been   made  in   the  arrangement  which 
necessitated  slight  changes  in  the  wording. 


Pounds 

Shell  beans 28 

Soy  beans 58 

Scarlet  or  white  runner  pole  beans.  50 

String  beans 24 

Windsor  (broad)  beans 47 

Beet  greens,  dandelions,  kale,  or 

spinach 12 

Parsley 8 

Peas 60 

Unshelled  green  peas 28 

Wrinkled  peas 56 

Rough  rice 44 

Oats 32 

Green  peanuts 22 

Roasted  peanuts 20 


MAINE 


319 


Pounds 
Turk's    Island    or    other    coarse 

grades  of  salt 70 

Liverpool  or  other  fine  grades  of 

salt 60 

Lime 70 

Hair  used  in  masonry,  well  dried 

and  cleaned 11 

Strawberries,  raspberries,  or  black- 
berries      40 


Pounds 

Blueberries 42 

Currants 40 

Cranberries 32 

Peaches  > 48 

Pears 58 

Dried  peaches 33 

Sweet  potatoes 54 

Quinces 48 

Tomatoes 56 


Pounds 

Sorghum 50 

Timothy 45 

Millet 50 

Japanese  millet 35 

Bran 20 

Sea-island  cotton 44 

Upland  cotton 30 


All  to  be  in  good  order  and  fit  for  shipping  or  for  market;  the 
measure  of  each  of  these  articles  shall  be  determined  as  aforesaid  at 
the  request  of  the  vendor  or  vendee ;  and  if  either  party  refuses  so  to 
do  he  forfeits  twenty  cents  for  each  bushel,  to  the  person  prosecuting 
therefor  within  thirty  days. 

The  standard  weights  per  bushel  of  various  seeds,  when  well 
cleaned  and  in  good  condition  are  as  follows : 

Pounds 

Herd's  grass 45 

Clover 60 

Alfalfa 60 

Flaxseed 56 

Hemp 44 

Hungarian  grass 48 

Orchard  grass • 14 

Redtop 14 

The  standard  weight  of  a  barrel  of  flour  is  one  hundred  and 
ninety-six  pounds ;  of  a  barrel  of  potatoes 2  in  good  order  and  fit  for 
shipping  is  one  hundred  and  sixty-five  pounds ;  of  a  barrel  of  sweet 
potatoes  in  like  condition,  one  hundred  and  fifty  pounds. 

Sec.  30  (1913).  Sale  of  fruits,  nuts,  and  vegetables,  by  measure, 
regulated. — All  fruits,  nuts  and  vegetables,  if  sold  by  measure,  shall 
be  sold  by  dry  measure,  United  States  standard,  and  shall  be  meas- 
ured by  level  measure.  Baskets  or  other  receptacles  holding  one 
quart  or  less  which  are  to  be  used  in  the  sale  of  strawberries,  black- 
berries, cherries,  currants,  blueberries,  huckleberries,  raspberries  or 
gooseberries,  shall  be  of  the  capacity  of  one  quart,  one  pint  or  one- 
half  pint,  United  States  standard,  dry  measure.  Whoever  sells  or 
offers  for  sale  or  has  in  possession  with  intent  to  sell,  any  of  the 
aforesaid  fruits  in  any  basket  or  other  receptacle  holding  one  quart 
or  less  which  does  not  conform  to  said  standard,  or  conforming  to 
said  standard  is  not  level  measure,  shall  be  punished  by  a  fine  of 
ten  dollars  for  each  offense.  Said  baskets  or  other  receptacles  shall 
not  be  required  to  be  tested  and  sealed  as  provided  by  this  chapter, 
but  any  sealer  or  health  officer  may  test  the  capacity  of  any  basket 
or  other  receptacle  in  which  any  of  the  aforesaid  fruit  is  sold  or  in- 
tended to  be  sold;  and  if  the  same  is  found  to  contain  less  than  the 
standard  measure,  or  if  the  quantity  of  such  fruit  is  otherwise  less 
than  as  herein  provided,  he  shall  seize  the  same  and  make  complaint 
against  the  vendor. 

Sec.  31.  Sale  of  ice  by  weight,  when  requested. — A  dealer  in  ice  who 
on  request  of  the  purchaser  of  ice  refuses  or  neglects  to  weigh  the 
same  when  delivered  or  gives  false  weight  shall  for  each  offense  be 
punished  as  provided  in  section  twenty-four  of  this  chapter.     Who- 

2  See  footnote,  p.  20,  relative  to  Federal  standard  barrel. 
517—26 21 


320  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

ever,  having  charge  of  the  delivery  of  ice  from  a  wagon,  not  being  a 
dealer  in  ice,  refuses  on  the  request  of  the  purchaser  of  ice  to  weigh 
the  same  when  it  is  delivered,  or  gives  false  weight,  shall  be  punished 
by  a  fine  of  not  more  than  ten  dollars. 

Sec.  32°.  County  commissioners  shall  erect  and  maintain  meridian  line; 
record  to  be  kept. — The  county  commissioners,  at  the  expense  of  their 
several  counties,  shall  erect  and  forever  maintain  therein,  at  such 
place  or  places  remote  from  electrical  disturbances  as  the  public 
convenience  requires,  a  true  meridian  line  to  be  perpetuated  by  stone 
pillars  with  brass  or  copper  points  firmly  fixed  on  the  tops  thereof, 
indicating  the  true  range  of  such  meridian;  and  shall  protect  the 
same  and  provide  a  book  of  records  to  be  kept  by  the  clerk  of  courts, 
or  by  a  person  appointed  by  them  nearer  to  such  structure,  and  ac- 
cessible to  all  persons  wishing  to  refer  thereto. 

Sec.  33.  Care  and  custody. — Such  structures  shall  be  under  the 
care  and  custody  of  such  clerks;  and  any  surveyor  residing  in  said 
county  or  engaged  in  surveying  therein,  shall  have  free  access  there- 
to for  the  purpose  of  testing  the  variation  of  the  magnetic  needle. 

Sec.  34.  Surveyors  shall  annually  verify  compass;  shall  record 
declination  of  needle,  etc.,  and  shall  enter  same  in  field  note-book;  pen- 
alty for  neglect. — When  such  meridian  lines  have  been  established 
and  completed  every  land  surveyor  shall,  at  least  annually,  before 
making  any  survej',  test  and  verify  his  compass,  or  other  instrument 
using  the  magnetic  needle,  by  the  meridian  line  so  established  in 
the  county  where  his  surveys  are  to  be  made,  and  shall  enter  the  de- 
clination of  such  needle  from  the  true  meridian  in  the  book  men- 
tioned in  section  thirty-two,  together  with  the  st}Tle  and  make  of 
such  instrument  and  its  number,  if  any,  and  the  date  and  hour  of  ob- 
servation, and  subscribe  his  name  thereto  for  future  reference;  and 
shall  insert  corresponding  entries  as  to  date  and  declination,  in  his 
field  note-books,  which  field  note-books  shall  also  show  dates  at  which 
his  surveys  are  made.  Neglect  or  refusal  to  comply  with  this  section 
shall  render  such  surveyor  liable  to  a  penalty  of  twenty-five  dollars 
for  each  neglect,  to  be  recovered  on  complaint  in  the  county  where 
any  survey  is  made,  half  to  the  complainant  and  half  to  the  county. 
The  provisions  of  this  section  shall  not  apply  to  such  surveys  as  are 
made  by  angles  from  some  fixed,  permanent  line,  or  by  a  solar  instru- 
ment and  independent  of  the  magnetic  needle. 

Sec.  35.  County  commissioners  shall  erect  and  maintain  standard  of 
length;  description  thereof;  their  care  and  custody;  duty  of  surveyors  to 
verify  tape  or  chain  and  record  result;  penalty  for  neglect. — The 
county  commissioners  at  the  expense  of  the  several  counties  shall  also 
erect  and  forever  maintain  therein,  at  such  place  or  places  as  the 
public  convenience  may  require,  a  standard  of  length  of  not  less  than 
one  hundred  feet,  with  suitable  subdivisions  marked  thereon.  Such 
standard  may  consist  of  stone  monuments  permanently  fixed  with 
metal  plates  on  the  tops  thereof,  properly  marked  and  protected;  or 
of  a  steel  bar  of  the  necessary  length  properly  marked  and  suitably 
placed  and  protected.  All  such  standards  shall  be  made  to  correspond 
with  the  standard  of  the  United  States  Bureau  of  Weights  and  Meas- 
ures, and  shall  be  provided  with  proper  means  for  determining  the 
tension  of  tapes  or  chains  during  comparison.  They  shall  be  under 
the  care  and  custody  of  the  clerk  of  courts,  who  shall  keep  a  suitable 


MAINE  321 

book  for  the  record  of  comparisons,  and  they  shall  be  accessible  to 
any  person  for  comparing  any  tape,  chain,  or  other  linear  measure. 
Every  surveyor  shall  before  making  surveys  iif  this  State,  and  at 
least  annually,  compare  his  tape  or  chain  used  in  such  surveys  with 
the  standard  in  the  county  in  which  he  resides  or  in  which  surveys 
are  to  be  made ;  and  shall  record  the  result  in  the  book  provided  for 
that  purpose,  giving  description  of  such  tape  or  chain,  with  the  dif- 
ference, if  any,  between  the  same  and  such  standard,  together  with 
the  date  and  temperature  and  the  tension  on  such  tape  or  chain  at 
the  time  of  comparison.  When  such  standard  shall  have  been  com- 
pleted in  any  county,  any  surveyor  residing  or  making  surveys  in 
such  county  who  shall  neglect  or  refuse  to  comply  with  the  terms  of 
this  section,  shall  be  liable  to  the  penalties  and  disability  set  forth 
in  section  thirty-four. 

Sec.  36.  Penalty  for  injuring  meridian  lines. — Whoever  willfully  dis- 
places, alters,  defaces,  breaks  or  otherwise  injures  any  of  the  pillars 
or  points,  plates,  enclosures,  bars,  locks,  bolts,  or  any  part  of  the 
structure  of  any  meridian  line  or  standard  of  length  shall  forfeit 
not  exceeding  one  hundred  dollars,  to  be  recovered  by  indictment, 
half  to  the  prosecutor  and  half  to  the  county,  and  shall  also  be  liable 
in  an  action  of  debt  for  the  amount  necessarily  expended  in  repair- 
ing damages  caused  by  his  act. 

Sec.  37.  Governor  to  appoint  commissioner  to  verify  meridians. — When 
such  meridian  line  or  standard  of  length  is  established,  repaired  or 
rebuilt  in  any  county,  the  governor  with  the  advice  and  consent  of 
the  council  shall  appoint  a  competent  commissioner,  not  necessarily 
a  resident  of  this  State,  to  inspect  and  verify  the  same.  Such  com- 
missioner shall  in  case  of  a  meridian  line  verify  the  same  by  astronom- 
ical observation,  and  in  his  report  shall  give  an  accurate  description 
of  such  structures,  its  latitude  and  longitude,  and  the  declination  of 
the  needle  at  the  time ;  and  in  case  of  a  standard  of  length  shall  give 
a  description  of  the  structure,  its  location  and  exact  length  as  deter- 
mined by  comparison  with  some  authentic  standard  from  the  United 
States  Bureau  of  Weights  and  Measures.  All  such  reports  shall  be 
full  and  accurate  and  be  deposited  in  the  office  of  the  secretary  of 
state,  and  a  certified  copy  shall  be  filed  and  recorded  in  the  office  of 
the  clerk  of  the  courts  in  the  county  where  such  structure  is  situated. 
Such  commissioner  shall  receive  from  the  State  such  just  compensa- 
tion as  the  governor  and  council  shall  allow. 

Laws,  1919,  ch.  159,  p.  157. 

Sec.  1.  Scales  and  weighing  devices  not  to  be  sold  until  standard 
approved. — It  shall  be  unlawful  to  sell,  offer  for  sale  or  give  away 
any  scale  or  other  weighing  or  measuring  device  until  a  scale  or 
measuring  device  of  the  same  manufacture,  type  and  kind  shall 
have  been  approved  by  the  National  Bureau  of  Standards  in  Wash- 
ington, D.  C,  and  until  a  certificate  of  said  approval  shall  have  been 
filed  with  the  State  sealer  of  weights  and  measures  in  Augusta, 
which  certificate  shall  state  the  name  and  manufacturer  of  said  scale 
or  other  measuring  device,  the  place  where  manufactured  and  that 
the  same  has  been  approved  by  said  bureau  of  standards.  This  act 
shall  not  apply  to  liquid  or  standard  dry  measures. 

Sec.  2.  Penalty  for  violation. — Whoever  violates  section  one  of  this 
act  shall  upon  conviction  be  punished  by  a  fine  of  not  less  than 


322  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

twenty  dollars  nor  more  than  fifty  dollars  for  each  offense.  Munic- 
ipal and  police  counts  and  trial  justices  shall  have  original  jurisdic 
tion  concurrent  with  the  supreme  judicial  court  and  superior  court 
of  prosecutions  for  all  violations  of  this  act. 

Rev.  Stats.,  1916,  ch.  118,  p.  1437. 

Sec.  23  (al911).  Fees  for  testing  and  adjusting. — The  fees  of  sealers 
of  weights  and  measures,  for  testing  and  adjusting  scales,  weights 
and  measures  by  the  town  standard,  to  be  paid  by  the  persons  for 
whom  the  service  is  rendered,  are  as  follows:  For  testing  railroad 
track  scales  of  forty  thousand  pounds  capacity  and  upwards,  two 
dollars;  elevator  scales  of  twenty  thousand  pounds  capacity  and 
upwards,  one  dollar  and  fifty  cents;  platform  scales  of  five  thou- 
sand pounds  capacity  and  upwards,  one  dollar ;  dormant  scales  of  less 
than  five  thousand  pounds  capacity,  fifty  cents;  dormant  beef  track 
scales,  fifty  cents;  platform  scales  of  less  than  five  thousand  pounds 
capacity,  fifty  cents ;  beam  scales  of  over  one  thousand  pounds  capac- 
ity, fifty  cents;  platform  scales  of  less  than  one  thousand  pounds 
capacity,  twenty-five  cents;  platform  counter  scales,  twenty-five 
cents ;  counter  balance  or  trip  scales,  ten  cents ;  spring  balance  scales, 
fifteen  cents;  weights,  each  three  cents;  measures,  wet  and  dry,  each 
three  cents ;  yard  sticks,  each  five  cents ;  coal  baskets,  each  ten  cents ; 
milk  cans,  large  size,  five  cents  each;  milk  cans,  small  size,  three 
cents  each;  milk  bottles,  in  lots  of  one  gross  or  less,  one  cent  each, 
in  lots  from  one  to  two  gross,  three-fourths  of  a  cent  each,  in  lots 
of  more  than  two  gross  and  not  over  four  gross,  one-half  cent  each, 
in  lots  greater  than  four  gross,  one-fourth  of  a  cent  each;  for  ad- 
justing or  repairing  any  scale,  a  fair  and  reasonable  compensation ; 
for  adjusting  weights,  when  either  light  or  heavy,  not  to  exceed  ten 
cents  each ;  for  adjusting  measures,  wet  or  dry,  when  either  large  or 
small,  not  to  exceed  ten  cents  each;  for  adjusting  yard  sticks,  not  to 
exceed  five  cents  each;  for  adjusting  any  weight  or  measure  not 
mentioned  above,  a  fair  and  reasonable  compensation.  "&  * 

Rev.  Stats.,  1918,  ch.  46,  p.  730. 

Sec.  1,  as  amended  by  Laws,  1919,  ch.  74,  p.  69.  Dimensions  of  a 
cord  of  wood. — All  cord  wood  offered  for  sale  shall  be  four  feet  long 
including  half  the  scarf,  and  well  and  closely  laid  together.  A  cord 
of  wood  or  bark  shall  measure  eight  feet  in  length,  four  feet  in  width 
and  four  feet  in  height,  or  otherwise  contain  one  hundred  and 
twenty-eight  cubic  feet;  the  measurer  shall  make  due  allowance  for 
refuse  or  defective  wood  and  bad  stowage.  Any  person  or  persons 
exposing  for  sale  as  a  cord  of  wood  anything  less  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 
Cities  and  towns  by  ordinance  may  assign  location  for  teams  to 
sell  said  cord  wood  and  bark. 

Sec.  2°.  Penalty  for  selling  wood  or  bark  before  survey. — If  any  fire- 
wood or  bark,  brought  into  any  town  by  land,  is  sold  and  delivered, 
unless  otherwise  agreed  to  by  the  purchaser,  before  it  is  measured 
by  a  sworn  measurer,  and  a  ticket  signed  by  him  and  given  to  the 
driver,  stating  the  quantity  that  the  load  contains,  the  name  of  the 
driver,  and  the  town  in  which  he  resides,  such  wood  or  bark  is  for- 
feited, and  may  be  libeled  and  disposed  of  according  to  law. 


MAINE  323 

Sec.  3.  How  cordwood  brought  by  water  shall  be  measured. — All  cord- 
wood  brought  by  water  into  any  town  for  sale,  shall  be  corded  on 
the  wharf  or  land,  on  which  it  is  landed  in  ranges  making  up  in 
height  what  is  wanting  in  length;  then  it  shall  be  so  measured  and 
a  ticket  given  to  the  purchaser,  who  shall  pay  the  stated  fees;  and 
no  such  wood  shall  be  carried  away  by  any  wharfinger  or  carter, 
before  it  has  been  so  measured,  under  a  penalty  of  one  dollar  for 
every  load. 

Sec.  4.  Ticket  required,  and  penalty  for  not  showing  it. — Persons, 
carrying  fire-wood  from  a  wharf  or  landing  for  sale,  shall  be  fur- 
nished by  the  owner  or  seller  with  a  ticket  stating  the  quantity,  and 
the  name  of  the  driver;  and  if  such  fire-wood  is  carried  away  with- 
out such  ticket,  or  any  driver  refuses  to  exhibit  such  ticket  to  any 
sworn  measurer  on  demand,  or  does  not  consent  to  have  the  same 
measured,  when  in  the  opinion  of  the  measurer  the  ticket  certifies 
a  greater  quantity  of  wood  than  the  load  contains,  such  wood  shall 
be  forfeited,  and  may  be  seized  and  libeled  by  said  measurer 
according  to  law. 

Sec.  5.  Penalty  for  fraudulent  stowage. — When  any  wood,  bark  or 
charcoal,  sold  by  the  cord,  foot  or  load,  is  so  stowed  as  to  prevent 
the  surveyors  from  examining  the  middle  of  the  load,  and  it  ap- 
pears or  delivery,  that  it  was  stowed  with  a  fraudulent  intent  of 
obtaining  payment  for  a  greater  quantity  than  there  was  in  fact, 
the  seller  or  owner  thereof  forfeits  ten  dollars  to  the  county. 

Sec.  6.  How  charcoal  may  be  measured  and  sold. — Charcoal  brought 
into  a  town  for  sale,  may  be  measured  and  sold  by  the  cord  or  foot, 
estimating  the  cord  at  ninety-six  bushels,  when  the  purchaser  and 
seller  agree  to  the  same;  and  the  measurers  before  named  shall  be 
measurers  of  charcoal  also. 

Sec.  7.  Charcoal  baskets  to  be  sealed;  dimensions;  penalty  for  using 
smaller. — AH  baskets  for  measuring  charcoal  brought  into  a  town 
for  sale,  shall  be  sealed  by  the  sealer  of  the  town  where  the  person 
using  them  usually  resides,  and  shall  contain  two  bushels  and  be  of 
the  following  dimensions,  viz:  Nineteen  inches  in  breadth  in  every 
part,  and  seventeen  inches  and  a  half  deep,  measuring  from  the 
top  of  the  basket  to  the  highest  part  of  the  bottom;  and  in  meas- 
uring charcoal  for  sale,  the  basket  shall  be  well  heaped.  Whoever 
measures  charcoal  for  sale,  in  any  basket  of  less  dimensions,  or 
not  sealed,  forfeits,  for  each  offense,  five  dollars. 

Sec.  8.  Seizure  of  unlawful  baskets — The  municipal  officers  of 
towns  may  appoint  some  suitable  person  to  seize  and  secure  all 
baskets  used  for  measuring  coal,  not  according  to  the  provisions 
hereof. 

Sec.  9.  Penalty  for  refusing  to  give  certificate;  how  recovered  and 
appropriated. — Any  measurer  of  wood,  bark  or  charcoal,  who  neglects 
or  refuses  to  give  to  the  owner  or  purchaser  a  certificate  of  the 
contents  of  a  load,  forfeits  five  dollars  for  each  offense.;  and  all 
the  penalties  hereinbefore  provided,  may  be  recovered  by  action  of 
debt  or  complaint,  half  to  the  town  where  the  offense  is  committed, 
and  half  to  the  prosecutor. 

Sec.  10,  as  amended  by  Laws,  1921,  ch.  77,  p.  85.  Sale  of  coal  and 
coke;  ton;  net  v/eight  to  be  marked  on  bags  or  packages;  penalty. — 
Anthracite,  bituminous  and  all  mineral  coal  or  coke  shall  be  sold  by 


324  LAWS  CONCERNING  WEIGHTS   AND  MEASURES 

weight  and  two  thousand  pounds  shall  constitute  a  ton.  Coal  or 
coke  put  up  in  bags  or  package  form  shall  have  marked  on  the  bag 
in  a  plain  and  conspicuous  manner  the  net  weight.  For  each  viola- 
tion of  this  act  there  shall  be  a  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars. 

Sec.  11,  as  amended  by  Laws,  1921,  ch.  43,  p.  48.  Weighers  of  coal 
and  coke;  weighers  may  be  elected;  slips  given  customers,  what  to 
show;  penalty. — The  municipal  officers  shall  annually  elect  or  appoint 
weighers  of  coal  and  coke.  Weighers  must  give  slips  either  in  writ- 
ing or  printing  to  every  purchaser  of  coal  when  not  in  bags  or 
packages  showing  the  gross,  tare  and  net  weight  for  each  and  every 
load  so  delivered.  The  slips  so  given  must  have  stamped,  printed 
or  written  thereon  the  full  name  of  the  weigher.  For  each  viola- 
tion of  this  act  there  shall  be  a  fine  of  not  less  than  ten  nor  more 
than  twenty  dollars. 

Sec.  12°.  Coal  unless  sold  by  cargo,  weighed,  or  suit  not  maintained. — 
Unless  coal  is  sold  by  the  cargo,  the  seller  shall,  on  request  of  the 
purchaser,  cause  it  to  be  weighed  by  a  sworn  weigher,  who  shall 
make  a  certificate  of  the  weight;  and  he  shall  deliver  such  certificate 
to  the  buyer  before  commencing  a  suit  against  him  for  the  price 
of  such  coal. 

Sec.  13.  Towns  to  elect  surveyors  of  lumber. — Every  town,  at  its 
annual  meeting,  shall  elect  one  or  more  surveyors  of  boards,  plank, 
timber  and  joist;  one  or  more  surveyors  of  shingles,  clapboards, 
staves  and  hoops:  and  every  town  containing  a  port  of  delivery 
whence  staves  and  hoops  are  usually  exported,  shall  also  elect  two  or 
more  viewers  and  cullers  of  staves  and  hoops;  and  the  municipal 
officers  of  a  town  may,  if  they  deem  it  necessary,  appoint  not 
exceeding  seven  surveyors  of  logs. 

Sec.  14.  Lumber  to  be  surveyed  before  delivery. — All  boards,  plank, 
timber  and  joist,  offered  for  sale,  shall,  before  delivery,  be  surveyed 
by  a  sworn  surveyor  thereof,  and  if  he  has  doubts  of  the  dimensions, 
he  shall  measure  the  same,  and  mark  the  contents  thereon,  making 
reasonable  allowance  for  rots,  knots  and  splits,  drying  and  shrink- 
ing ;  pine  boards  three-fourths  of  an  inch  thick  when  fully  seasoned, 
and  in  that  proportion  when  partly  seasoned,  shall  be  considered 
merchantable ;  and  no  pine  boards,  except  sheathing  boards,  shall 
be  shipped  for  exportation  beyond  the  United  States,  but  such  as  are 
square  edged,  and  not  less  than  seven-eighths  of  an  inch  thick,  nor 
less  than  ten  feet  long,  under  penalty  of  forfeiture  to  the  town 
whence  shipped. 

Sec.  15.  Dimensions  and  quality  of  shingles. — All  shingles,  packed 
for  exportation  beyond  the  State,  shall  be  sixteen  inches  long,  free 
from  shakes  and  worm-holes,  and  at  least  three-eighths  of  an  inch 
thick  at  the  butt  end  when  green,  and  if  of  pine,  free  from  sap.  They 
shall  be  four  inches  wide  on  an  average,  not  less  than  three  inches 
wide  in  any  part,  hold  their  width  three- fourths  of  the  way  to  the 
thin  end,  well  shaved  or  sawed,  and  be  denominated  "  number  one  " ; 
but  shingles  intended  for  sale  within  the  State,  if  of  inferior  quality 
or  of  less  dimensions,  may  be  surveyed  and  classed  accordingly, 
under  the  denominations  of  "  number  two,"  and  "  number  three." 

Sec.  16.  Manner  of  sawing  and  packing  shingles;  forfeiture. — All 
shingles  shall  be  split  or  sawed  crosswise  the  grain ;  each  bundle  shall 
contain  two  hundred  and  fifty  shingles,  and  if  in  square  bundles, 


MAINE  325 

twenty-five  courses,  and  be  twenty-two  inches  and  a  half  at  the  lay ; 
and  when  packed  to  be  surveyed  as  "  number  one,"  or  for  exporta- 
tion, if  in  any  bundle  there  are  five  shingles  deficient  in  the  proper 
dimensions,  soundness  or  number,  to  make  two  hundred  and  fifty 
merchantable  shingles,  or  if  any  shingles  are  offered  for  sale,  before 
they  are  surveyed  and  measured  by  a  sworn  surveyor  of  some  town 
in  the  county  where  they  were  made,  and  the  quality  branded  on  the 
hoop  or  band  of  the  bundle,  unless  the  parties  otherwise  agree,  they 
are  forfeited  to  the  town  where  the  offense  is  committed. 

Sec.  17.  Dimensions  and  quality  of  clapboards. — All  clapboards, 
exposed  for  sale  or  packed  for  exportation,  shall  be  made  of  good 
sound  timber,  free  from  shakes  and  worm-holes,  and  if  of  pine,  clear 
of  sap ;  and  they  shall  be  at  least  five-eighths  of  an  inch  thick  on  the 
back  or  thickest  part,  five  inches  wide,  and  four  feet  six  inches  long, 
and  straight  and  well  shaved  or  sawed. 

Sec.  18.  Dimensions  and  quality  of  staves,  and  how  enumerated. — 
Staves  packed  for  sale  or  exportation  shall  be  well  and  proportion- 
ably  split,  and  of  the  following  dimensions,  viz : 

White  oak  butt  staves,  at  least  five  feet  in  length,  five  inches  wide, 
and  one  inch  and  a  quarter  thick  on  the  heart  or  thinnest  edge,  and 
every  part  thereof; 

White  oak  pipe  staves,  at  least  four  feet  and  eight  inches  in  length, 
four  inches  broad  in  the  narrowest  part,  and  not  less  than  three-quar- 
ters of  an  inch  thick  on  the  heart  or  thinnest  edge ; 

White  or  red  oak  hogshead  staves,  at  least  forty-two  inches  long, 
and  not  less  than  half  an  inch  thick  on  the  least  or  thinnest  edge; 

White  or  red  oak  barrel  staves  for  a  market  out  of  the  United 
States,  thirty-two  inches  long;  if  for  use  within  the  United  States, 
thirty  inches  long;  and  in  either  case,  half  an  inch  thick  on  the  heart 
or  thinnest  edge; 

All  white  or  red  oak  hogshead  or  barrel  staves,  at  least,  one  with 
another,  four  inches  in  breadth,  and  no  one  less  than  three  inches  in 
breadth  in  the  narrowest  part;  those  of  the  breadth  last  mentioned 
shall  be  clear  of  sap;  and  two  staves  shall  be  sold  as, one  cast;  fifty 
casts,  one  hundred  staves;  and  ten  hundred  staves,  one  thousand. 

Sec.  19.  Dimensions  and  quality  of  hogshead  hoops;  how  packed,  and 
forfeiture  for  deficiency. — All  hogshead  hoops,  exposed  for  sale  or 
packed  for  exportation,  shall  be  from  ten  to  thirteen  feet  in  length, 
and  of  oak,  ash  or  walnut,  and  of  good  and  sufficient  substance,  well 
shaved ;  if  of  oak  or  ash,  at  least  one  inch  broad,  and,  if  of  walnut, 
three-quarters  of  an  inch  at  the  smaller  end;  the  different  lengths 
shall  be  made  up  in  bundles  by  themselves ;  each  bundle  shall  contain 
twenty-five  hoops,  four  bundles  shall  make  one  hundred,  and  ten  hun- 
dred hoops,  one  thousand ;  and  every  bundle,  packed  for  sale  or  ex- 
portation, found  to  be  deficient  in  number  or  dimensions,  is  forfeited 
to  the  town  where  it  is  exhibited. 

Sec.  20.  Manufactured  lumber,  not  to  be  offered  for  sale  until  surveyed 
and  branded;  penalty. — No  person  shall  deliver  on  sale,  or  ship  or 
attempt  to  ship  for  exportation,  any  boards,  plank,  timber,  joists, 
shingles,  clapboards,  staves  or  hoops,  before  they  have  been  sunned, 
measured,  viewed  or  culled,  as  the  case  may  be,  and  branded  by 
the  proper  officer,  and  a  certificate  thereof  given  by  him,  specifying 
the  number,  quality  and  quantity  thereof,  under  a  penalty  of  two 


326  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

dollars  a  thousand,  by  quantity  or  tale,  as  such  article  is  usually 
sold,  half  to  the  town  where  the  offense  is  committed,  and  half  to 
the  prosecutor;  and  in  addition  thereto,  the  master  or  owner  of  any 
vessel,  exporting  any  of  the  articles  aforesaid  beyond  the  limits 
of  the  United  States  contrai-y  to  law,  shall,  for  the  first  offense,  for- 
feit two  hundred  dollars  to  the  town  whence  said  articles  are  ex- 
ported ;  and  if  after  conviction  he  commits  a  second  offense  in  the 
same  vessel,  he  forfeits  the  same  sum,  and  the  vessel  is  also  forfeited 
to  the  town. 

Sec.  23.  Penalty,  if  surveyor  or  culler  neglects  duties  or  practices 
fraud  in  his  office. — If  any  person,  duly  elected  a  surveyor,  meas- 
urer, viewer  or  culler  of  any  of  said  articles  under  this  chapter,  and 
duly  qualified,  unnecessarily  refuses  or  neglects  to  attend  to  the 
duties  of  his  office  when  requested,  he  forefeits  three  dollars;  and 
if  he  connives  at  or  willingly  allows  any  breach  of  the  provisions 
hereof,  or  practices  any  other  fraud  or  deceit  in  his  official  duties,  he 
forfeits  thirty  dollars  to  the  use  aforesaid. 

Sec.  24,  as  amended  by  Laws,  1919,  ch.  74,  p.  60.  Recovery  of  penal- 
ties.— All  pecuniary  penalties  aforesaid  may  be  recovered  by  action 
of  debt,  indictment  or  complaint,  and  all  other  forfeitures,  by  a 
libel  filed  by  the  treasurer  or  any  inhabitant  of  the  town  interested. 
Where  the  violation  of  any  of  the  provisions  of  this  chapter  is  made 
an  offense  with  a  fine  attached,  the  municipal  courts  and  trial  justices 
shall  have  concurrent  jurisdiction  of  such  offenses  with  the  superior 
courts  and  supreme  judicial  courts. 

Sec.  25°.  Duty  of  surveyors  of  logs. — Surveyors  of  logs  may  inspect, 
survey  and  measure  all  mill  logs  floated  or  brought  to  market  or 
offered  for  sale  in  their  towns,  and  divide  them  into  several  classes, 
corresponding  to  the  different  quality  of  boards  and  other  sawed 
lumber,  which  may  be  manufactured  from  them ;  and  they  shall  give 
certificates  under  their  hands  of  the  quantity  and  quality  thereof 
to  the  person,  at  whose  request  they  are  surveyed. 

Sec.  26  (1909).  Unit  of  measure  of  logs  and  timber;  how  measured. — 
Unless  the  parties  otherwise  agree,  in  the  scaling  or  measurement 
of  unmanufactured  logs  and  timber  the  cubic  foot  shall  be  the  unit 
of  measure,  to  be  determined  by  mathematical  calculation  or  by  such 
cubic  rule  as  the  parties  may  agree  upon. 

Sec.  27  (1915).  Round  timber  shall  be  scaled. — Any  person  measur- 
ing round  timber,  the  quantity  of  which  is  estimated  by  the  thousand, 
shall  scale  the  same  and  mark  upon  each  log  surveyed  by  him  the 
contents  thereof,  unless  otherwise  agreed  by  the  parties  contracting. 

Laws,  1919,  ch.  124,  p.  116. 

Weighers  and  measurers  not  to  give  certificate  of  weight  or  measure 
until  qualified;  penalty. — It  shall  be  unlawful  for  any  weigher  of 
coal,  hay,  straw,  junk  or  other  articles  offered  to  be  weighed,  or  for 
any  measurer  of  wood,  bark  or  charcoal  to  give  a  certificate  of 
weight  or  measure  until  said  weigher  or  measurer  shall  have  quali- 
fied by  taking  oath  for  the  faithful  performance  of  the  duties  of  his 
office.  Whoever  violates  the  provisions  of  this  act  shall  be  punished 
by  a  fine  of  not  less  than  ten  dollars  or  more  than  twenty-five  dollars 
for  each  offense  and  trial  justices  and  municipal  courts  shall  have 
concurrent  jurisdiction  with  the  supreme  judicial  court  of  all  prosecu- 
tions for  violations  of  this  act. 


MAINE  327 

Rev.  Stats.,  1916,  ch.  37,  p.  648. 

Sec.  14  (1909).  Standard  unit  of  measure  for  milk  and  cream. — All 
milk  and  cream  bought  and  sold  by  measure  for  consumption  within 
this  State  shall  be  bought  and  sold  by  wine  measure,  the  standard 
for  which  shall  be  two  hundred  and  thirty-one  cubic  inches  to  the 
gallon,  and  for  subdivisions  of  the  gallon,  in  the  same  proportion. 

Sec.  15  (al911).  All  measures,  cans,  etc.,  snail  be  proved  and  plainly 
marked. — All  measures,  cans  or  other  vessels  used  in  the  purchase 
or  sale  of  milk  or  cream,  except  glass  bottles  and  jars  sealed  in 
accordance  with  the  provisions  of  sections  twenty  and  twenty-one, 
shall  be  tried  and  proved  by  the  standard  mentioned  in  the  preceding 
section,  by  the  sealer  of  weights  and  measures  of  the  city  or  town  in 
which  the  person,  firm  or  corporation  purchasing  or  selling  such 
milk  or  cream  resides  or  has  a  place  of  business.  The  sealer  of 
weights  and  measures  shall,  agreeably  to  such  standard,  plainly  stamp 
thereon  the  quantity  which  such  measures,  cans  or  other  vessels 
hold,  together  with  the  year  in  which  such  measures,  cans  or  other 
vessels  are  sealed.  Whoever,  by  himself,  clerk,  servant  or  agent, 
sells  by  measure  any  milk  or  cream  by  any  other  than  the  measure 
so  tried,  sealed  and  marked,  shall  forfeit  for  each  offense  the  sum 
of  ten  dollars.  Any  measure,  can  or  other  vessel  used  in  the  purchase 
or  sale  of  milk  or  cream,  lawfully  sealed,  as  aforesaid,  in  any  city  or 
town  within  the  State  shall  be  deemed  to  be  lawfully  sealed  under 
the  provisions  of  this  section. 

Sec.  17  (1909).  Penalty  for  mutilating  cans  and  measures,  or  erasing 
names  and  marks  from  same. — Whoever  by  himself  or  by  his  servant' 
or  agent,  or  as  the  servant  or  agent  of  any  other  person,  firm  or 
corporation,  having  custody  of  a  milk  can,  measure  or  other  vessel 
used  as  a  container  for  milk  destined  for  sale,  shall  wantonly,  wil- 
fully or  maliciously  indent,  bend  or  otherwise  mutilate  said  can, 
measure  or  other  vessel  so  that  the  same  will  not  contain  eight  quarts 
and  one  pint,  standard  measure,  as  hereinbefore  provided,  or  who 
shall  wantonly,  wilfully  or  maliciously  erase,  efface  or  otherwise 
mutilate  said  can,  measure  or  other  vessel  so  that  any  names,  figures 
or  other  marks  placed  thereon  by  a  sealer  of  weights  and  measures 
shall  become  illegible  shall  be  punished  by  a  fine  not  exceeding  fifty 
dollars. 

Sec.  20  (1913).  Milk  bottles  shall  be  sealed;  dealers  in  milk  or  cream 
shall  cause  bottles  to  be  sealed;  sealed  bottles  shall  not  be  legal  measure 
except  for  milk  or  cream. — Glass  bottles  and  jars  which  are  used  for 
the  distribution  of  milk  or  cream  to  consumers  and  which  hold,  when 
filled  to  a  level  with  the  bottom  of  the  cap  or  stopple,  not  less  thar 
thirty-two  ounces  or  more  than  thirty-two  ounces  and  six  drains;  not 
less  than  sixteen  ounces  or  more  than  sixteen  ounces  and  four  drams : 
not  less  than  eight  ounces  or  more  than  eight  ounces  and  two  drams 
for  the  quart,  pint  and  one-half  pint,  respectively,,  shall  be  sealed  as 
full  measure  under  the  provisions  of  section  thirteen  of  chapter 
forty-eight,  or  by  the  manufacturer.  All  dealers  in  milk  or  cream 
who  use  glass  bottles  or  jars  for  the  distribution  of  milk  or  cream 
to  consumers,  which  have  not  been  sealed  by  the  manufacturer, 
shall  bring  such  bottles  or  jars  to  the  office  of  their  city  or  town 
sealer  to  be  sealed  as  aforesaid.     If  a  bottle  or  jar  has  once  been 


328  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

sealed  by  a  sealer  of  weights  and  measures,  or  by  the  manufacturer,  it 
shall  not  in  any  case  be  necessary  to  have  it  sealed  again  at  any  time 
while  it  is  used  for  the  distribution  of  milk  or  cream  to  consumers. 
Glass  bottles  or  jars  sealed  under  the  provisions  of  this  section  shall 
not  be  legal  measures  except  for  the  distribution  of  milk  or  cream 
to  consumers. 

Sec.  21  (al915).  Marking  of  bottles  and  jars  sealed  by  manufacturer; 
bond  of  manufacturer. — Such  bottles  or  jars  as  are  sealed  by  the 
manufacturer  shall  be  marked  with  the  name,  initials  or  trade-mark 
of  the  manufacturer,  and  designating  number,  which  designating 
number  shall  be  different  for  each  manufacturer  and  may  be  used  in 
identifying  the  bottles.  .  The  designating  number  and  the  words 
"Maine  seal"  shall  be  marked  on  the  outside  of  the  upper  half  of  each 
bottle.  The  designating  number  shall  be  furnished  by  the  State 
sealer  of  weights  and  measures  upon  application  by  the  manufac- 
turer, and  upon  filing  by  the  manufacturer,  with  the  treasurer  of 
State,  of  a  bond  payable  to  the  State  in  the  sum  of  one  thousand 
dollars,  with  sureties  to  be  approved  by  the  attorney  general,  con- 
ditioned upon  his  conforming  to  the  requirements  of  this  section.  A 
record  of  the  bonds  furnished,  the  designating  numbers  and  to  whom 
furnished,  shall  be  kept  in  the  office  of  the  State  sealer  of  weights  and 
measures. 

Sec.  22  (1913).  Penalty  for  violation. — Any  manufacturer  who  sells 
milk  or  cream  bottles  to  be  used  in  this  State  that  do  not  comply  as  to 
size  and  markings  with  the  provisions  of  the  two  preceding  sections, 
shall  forfeit  five  hundred  dollars,  to  be  recovered  by  the  attorney 
general  in  an  action  upon  the  bonds  of  such  manufacturer.  Any 
dealer  who  uses  for  the  purpose  of  selling  milk  or  cream,  jars  or 
bottles  purchased  after  the  third  day  of  July,  nineteen  hundred  and 
fifteen,  that  do  not  comply  with  the  requirements  of  this  section  as 
to  markings  and  capacity  shall  be  deemed  guilty  of  using  false  or 
insufficient  measures. 

Sec.  25  (1905).  Milk  shall  be  weighed  and  tested  by  the  Babcock 
test ;  test  shall  be  made  by  owners  or  operators  of  creamery ;  upon  petition 
tests  may  be  made  by  commissioner  of  agriculture ;  proviso. — All  milk  or 
cream  purchased  by  any  persons,  firm  or  corporation,  for  use  in  or  to 
be  resold  by  any  creamery  in  this  State,  shall  be  weighed  and  shall  be 
tested  by  the  Babcock  test  to  ascertain  the  amount  of  butterfat  per 
pound  therein  contained;  and  the  value  of  the  cream  or  milk  thus 
purchased  shall  be  determined  by  the  amount  of  butterfat  per  pound 
as  thus  ascertained.  The  test  herein  provided  shall  be  made  by  the 
owners  or  operators  of  the  creamery  purchasing  as  aforesaid ;  but 
upon  petition  in  writing,  signed  by  twenty-five  per  cent  or  more  of 
the  patrons  of  any  creamery  and  addressed  to  the  commissioner  of 
agriculture,  or  upon  petition  in  writing  signed  by  the  owner  or 
operator  of  any  creamery  and  addressed  to  said  commissioner,  one  or 
more  tests  shall  be  made  by,  or  under  the  direction  of  said  commis- 
sioner, and  the  finding  of  said  commissioner  shall  be  conclusive  upon 
all  parties  therein  concerned :  Provided,  however,  that  Avhen  the  total 
number  of  patrons  of  any  one  creamery  exceeds  one  hundred  then; 
the  number  of  petitioners  herein  required  by  patrons  need  not  ex- 
ceed thirty.  All  samples  of  cream  treated  by  said  test  shall  be 
weighed  and  the  standard  unit  for  testing  shall  be  eighteen  grams. 


MAINE  329 

Sec.  26.  Penalty. — Any  person,  firm  or  corporation,  or  the  servant 
or  agent  of  any  person,  firm  or  corporation,  who  shall  violate  the  pre- 
ceding section  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars 
or  by  imprisonment  not  exceeding  thirty  days. 

Sec.  28  (1915).  Bottles  and  glasses  used  to  measure  milk  or  cream 
shall  be  tested  for  accuracy,  and  marked. — All  bottles,  pipettes  or  other 
measuring  glasses  used  by  any  person,  firm  or  corporation,  or  their 
agents  or  employees,  at  any  creamery,  butter  factory,  cheese  factory, 
condensed  milk  factory  or  elsewhere  in  this  State,  in  determining  by 
the  Babcock  test  or  any  other  test,  the  value  of  milk  or  cream  received 
from  different  persons  at  such  creameries  or  factories,  shall  be  tested 
before  such  use,  for  accuracy  of  measurement  and  for  accuracy  of 
the  per  cent  scale  marked  thereon.  Such  bottles,  pipettes  or  measur- 
ing glasses  shall  bear  in  marks  or  characters  ineffaceable  the  evidence 
that  such  test  has  been  made  by  the  authority  named  in  the  following 
section.  No  inaccurate  bottles,  pipettes  or  other  glasses  shall  bear 
such  marks  or  characters. 

Sec.  29.  Duty  of  director  of  Maine  Agricultural  Experiment  Station  to 
test  and  mark  all  bottles,  etc. — The  director  of  the  Maine  Agricultural 
Experiment  Station,  or  some  competent  person  designated  by  him, 
shall  test  the  accuracy  of  all  bottles,  pipettes  or  other  measuring 
glasses  used  by  persons,  firms  or  corporations  in  the  State  buying 
or  pooling  milk  or  cream,  or  apportioning  butter  or  cheese,  made 
from  the  same,  by  the  contents  of  butter-fat  contained  therein. 
The  said  director,- or  the  person  designated  by  him,  shall  mark  such 
bottles,  pipettes  or  other  measuring  glasses  as  are  found  correct,  with 
marks  or  characters  which  can  not  be  erased,  and  which  marks  or 
characters  shall  stand  as  proof  that  they  have  been  so  tested.  The 
said  director  shall  receive  for  such  service  no  more  than  the  actual 
cost  incurred,  which  shall  be  paid  by  the  persons  or  corporations  for 
whom  it  is  done. 

Sec.  30.  Persons  who  manipulate  test  shall  be  certified  by  superintendent 
of  dairy  school. — Any  person,  either  for  himself  or  in  the  employ 
of  any  other  person,  firm  or  corporation,  who  manipulates  the  Bab- 
cock test  or  any  other  test,  whether  mechanical  or  chemical,  for  the 
purpose  of  measuring  the  <  ontents  of  butter-fat  in  milk  or  cream  for 
a  basis  of  apportioning  the  value  of  such  milk  or  cream,  or  of  the 
butter  or  cheese  made  from  the  same,  shall  secure  a  certificate  from 
the  superintendent  of  the  dairy  school  at  the  University  of  Maine 
that  he  is  competent  and  Avell  qualified  to  perform  such  work.  The 
rules  and  l^egulations  in  the  application  for  such  certificate  and  in 
the  granting  of  the  same  shall  be  such  as  the  superintendent  of  tha< 
school  may  arrange,  and  the  fee  for  issuing  a  certificate  shall  not 
exceed  one  dollar,  and  shall  be  paid  by  the  applicant. 

Rev.  Stats.,  1916,  ch.  60,  p.  985. 

Sec.  19  (1909).  All  meters  furnished  to  consumers  must  be  inspected 
and  sealed. — -No  corporation,  municipality,  district  or  person  shall 
furnish  for  use  any  gas,  electric  or  water  meter  in  any  city  or  town, 
in  which  there  shall  be  a  duly  appointed  and  qualified  inspector  of 
meters,  unless  such  meter  shall  have  been  first  inspected,  approved, 
marked  and  sealed  by  such  inspector.  Every  corporation,  munici- 
pality or  district  or  person  furnishing  gas,  water  or  electric  current 
to  consumers,  shall  provide  and  keep  in  and  upon  its  premises  a 


330  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

suitable  and  proper  apparatus,  to  be  approved  and  stamped  by  the 
inspector  of  meters  for  such  city  or  town,  for  testing  and  proving  the 
accuracy  of  all  water,  gas  and  electric  meters,  by  which  apparatus 
every  meter  furnished  to  a  consumer  shall  be  tested. 

Sec.  20.  Inspectors  of  meters,  appointment. — The  municipal  officers 
of  cities  and  towns  may.  annually  appoint  an  inspector  of 
meters  who  shall 'serve  for  one  year  or  until  another  is  qual- 
ified in  his  stead,  at  such  salary  as  the  municipal  officers  shall  deter- 
mine. The  said  inspector  shall  have  charge  of  the  inspection  of 
all  water,  gas  and  electric  meters  furnished  for  use  in  the  city  or 
town. 

Sec.  21.  Duties. — He  shall,  upon  application  in  writing  as  provided 
in  the  following  section,  by  any  consumer  of  gas,  water  or  electric 
current  in  said  city  or  town,  inspect,  examine,  prove,  and  ascertain 
the  accuracy  of  any  gas,  water  or  electric  meter  of  which  complaint 
is  made,  and  when  the  said  meter  shall  be  found,  or  made,  to  be 
correct,  the  inspector  shall  stamp  or  mar}?  such  meter  with  some 
suitable  device,  which  device  shall  be  recorded  in  the  office  of  the 
clerk  of  the  city  or  town  where  he  was  appointed. 

Sec.  22.  Application  for  inspection;  removal  of  faulty  meter;  expense 
of  inspection. — If  any  consumer,  to  whom  a  meter  has  been  fur- 
nished, shall  apply  in  writing  to  the  city  or  town  clerk  for  the  in- 
spection of  such  meter,  and  shall  deposit  with  the  clerk  the  fee  fixed 
by  the  municipal  officers  for  said  service,  the  inspector  shall  inspect 
and  test  said  meter  and,  if  said  meter  on  being  so  tested,  shall  be 
found  to  be  incorrect  to  the  extent  of  four  per  cent,  if  an  electric 
meter,  or  two  per  cent,  if  a  gas  or  water  meter,  to  the  prejudice 
of  such  consumer,  the  inspector  shall  order  the  corporation,  district, 
municipality  or  person  furnishing  said  meter  forthwith  to  remove 
the  same  and  to  install  in  place  thereof  a  meter  which  has  been  tested, 
approved,  marked  and  sealed  by  an  inspector  of  meters;  and  the 
inspector  shall  thereupon  give  a  certificate  to  the  consumer,  showing 
the  result  of  said  test:  upon  presenting  said  certificate  to  the  city 
or  town  clerk  the  consumer  shall  receive  the  fee  deposited  with  said 
clerk;  and  in  such  case  the  corporation,  district,  municipality,  or 
person  shall  bear  the  expense  of  such  inspection  and  shall  pay  to 
the  treasurer  of  the  city  or  town  the  fee  required  of  the  consumer; 
but  such  consumer  shall  not  be  entitled  to  recover  back  in  whole  or 
in  part  from  such  corporation,  municipality,  district  or  person  any 
sums  paid  for  service  prior  to  the  filing  of  his  application  for  in- 
spection. All  fees  collected  by  the  city  or  town  clerk  or  treasurer 
shall  be  placed  to  the  credit  of  the  city  or  town  to  be  used  for  mu- 
nicipal purposes. 
Rev.  Stats.,  1916,  ch.  36,  p.  634. 

Sec.  4  (1911).  Every  package  of  commercial  feeding  stuff  shall  be 
labelled,  giving  net  weight,  brand,  or  trade-mark. — Every  lot  or  pack- 
age of  commercial  feeding  stuff,  which  is  manufactured,  sold,  distrib- 
uted, transported,  offered  or  exposed  for  sale,  distribution  or  trans- 
portation in  the  State  by  any  person,  shall  have  affixed  in  a  con- 
spicuous place  on  the  outside  thereof,  a  plainly  printed  statement, 
clearly  and  truly  giving  the  number  of  net  pounds  in  the  package: 
the  name,  brand  or  trade-mark  under  which  the  article  is  sold;  the 
name  and  principal  address  of  the  manufacturer  or  shipper; 
*     *     * 


MAINE  331 

Sec.  6,  as  amended  by  Laws,  1919,  ch.  126,  p.  117.  Every  package  of 
commercial  fertilizer  shall  be  labelled,  giving  net  weight,  name  or  trade- 
mark.— Every  lot  or  package  of  commercial  fertilizer,  which  is 
manufactured,  sold,  distributed,  transported,  offered  or  exposed  for 
sale,  distribution  or  transportation  in  the  State  by  any  person  shall 
have  affixed  in  a  conspicuous  place  on  the  outside  thereof  a  plainly 
printed  statement  clearly  and  truly  giving  the  number  of  net  pounds 
in  the  package;  the  name,  brand  or  trade-mark  under  which  the 
fertilizer  is  sold;  the  name  and  principal  address  of  the  manufac- 
turer or  importer     *     *     *. 

Sec.  7  (1913).  Lime,  marl  or  wood-ashes  classed  as  a  commercial 
fertilizer. — Lime,  marl  or  wood-ashes  intended  for  fertilizing  pur- 
poses, and  without  regard  to  the  price  at  which  it  is  sold  or  offered 
for  sale,  shall  be  classed  as  a  commercial  fertilizer  within  the  mean- 
ing of  this  chapter.  All  the  requirements  and  penalties  relative  to 
commercial  fertilizers  named  in  this  chapter  shall  apply  to  any  and 
every  lot  of  lime,  marl  or  wood-ashes  intended  for  fertilizing  pur- 
poses.    *     *     * 

Sec.  9  (1911).  Every  package  of  fungicide  shall  be  labelled,  giving 
net  weight,  name  or  trade-mark. — Every  lot  or  package  of  a  fungicide 
or  an  insecticide  which  is  manufactured,  sold,  distributed,  trans- 
ported, offered,  or  exposed  for  sale,  distribution  or  transportation  in 
the  State  by  any  person,  shall  have  affixed  in  a  conspicuous  place 
on  the  outside  thereof  a  plainly  printed  statement  clearly  and  truly 
stating  the  number  of  net  pounds  in  the  package,  the  name  or  trade- 
mark under  which  the  article  is  sold,  the  name  and  address  of  the 
manufacturer  or  shipper,     *     *     * 

Sec.  14  (1913).  Misbranding  of  food  regulated;  quantity  of  contents 
to  be  shown. — For  the  purpose  of  this  act  an  article  of  food  in 
package  form  if  sold  at  a  greater  price  than  five  cents,  shall  also 
be  deemed  to  be  misbranded  if  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count:  Provided,  however, 
That  reasonable  variations  shall  be  permitted,  and  tolerances  shall 
be  established  by  rules  and  regulations  made  in  accordance  with 
section  thirteen  of  this  act:  And  further  provided,  That  the  penalties 
of  this  act  shall  not  be  enforced  on  account  of  sale  of  food  not 
branded  in  terms  of  weight,  measure,  and  numerical  count,  pur- 
chased prior  to  September  third,  nineteen  hundred  and  fourteen. 

Sec.  25.  Standard  barrel  for  apples  defined;  standard  bushel  box 
defined;  proviso. — The  standard  barrel3  for  apples  shall  contain 
seven  thousand  cubic  inches:  Provided,  however,  That  a  barrel  of 
the  following  dimensions  when  measured  without  distention  of 
parts:  Length  of  stave,  twenty-eight  and  one-half  inches;  diameter 
of  head,  seventeen  and  one-eighth  inches;  distance  between  heads, 
twenty-six  inches;  circumference  of  bulge  not  less  than  sixty-four 
inches  outside  measurement,  shall  be  a  lawful  barrel.  The  standard 
bushel  box  for  apples  shall  contain  two  thousand  three  hundred  and 
fifty  cubic  inches:  Provided,  however,  That  a  box  eighteen  inches  by 
eleven  and  one-half  inches  by  ten  and  one-half  inches,  inside  meas- 
urement, without  distention  of  parts,  shall  be  a  lawful  bushel  box. 


'  See  p.  20  relative  to  the  Federal  standard  barrel. 


332  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  26  (1915).  Marks  upon  barrels  and  boxes  used  in  shipping 
apples. — Manufacturers  of  standard  barrels  and  boxes  to  be  used  in 
shipping  apples  shall  mark,  in  a  conspicuous  place,  on  each  barrel 
the  words  "  Standard  barrel "  and  on  each  box  the  words  "  Standard 
box."  Whoever  fails  to  comply  with  this  section  shall  be  punished 
by  fine  not  exceeding  one  hundred  dollars.  Municipal  and  police 
courts,  and  trial  justices  shall  have  original  jurisdiction,  concurrent 
with  the  supreme  judicial  court  and  the  superior  courts,  of  prosecu- 
tions under  this  section. 

Sec.  28,  as  amended  by  Laws,  1923,  ch.  94,  p.  108,  sec.  2.  Size  of 
package;  name  of  owner,  etc.,  to  be  on  outside  of  package. — Every 
closed  package  of  apples,  which  is  packed,  sold,  distributed,  trans- 
ported, offered  or  exposed  for  sale,  distribution  or  transportation  in 
the  State  by  any  person  shall  have  affixed  in  a  conspicuous  place  on 
the  outside  thereof  a  plainly  printed  statement  clearly  and  truly 
stating  the  size  of  the  package  in  terms  of  standard  bushel  box  or 
standard  barrel,  the  name  and  address  of  the  owner  or  shij>per  of  the 
apples  at  the  time  of  packing,  the  name  of  the  variety,  the  class  or 
grade  of  the  apples  contained  therein,  and  the  minimum  size  of  the 
fruit  in  the  packages,  and  if  the  apples  were  grown  in  Maine,  that 
fact  shall  be  plainly  designated  and  the  word  apples  must  appear 
in  all  instances. 

Sec.  29  (1913).  Misbranded  or  adulterated  apples  shall  not  be 
packed. — No  person  shall  within  this  State,  pack,  sell,  distribute, 
transport,  offer  or  expose  for  sale,  distribution,  or  transportation, 
apples  which  are  adulterated  or  misbranded  within  the  meanings  of 
sections  thirty  and  thirty-one  of  this  chapter. 

Sec.  30.  Term  "  adulterated  "  denned. — For  the  purpose  of  sections 
twenty-five  to  thirty-four,  both  inclusive,  of  this  chapter,  apples 
packed  in  a  closed  package  shall  be  deemed  to  be  adulterated  if  their 
measure,  quality,  grade  or  purity  do  not  conform  in  each  particular 
to  the  claims  made  upon  the  affixed  guaranty. 

Rev.  Stats.,  1916,  ch.  38,  p.  658. 

Sec.  15  (al897).  Pressed  hay,  how  to  be  marked;  penalty;  when  per- 
son receiving  hay  not  marked  may  defend  action  for  price. — All  hay 
pressed  and  put  up  in  bundles,  except  hay  pressed  by  farmers  and 
retailed  from  their  own  barns,  shall  have  the  first  letter  of  the 
Christian  name  and  the  whole  of  the  surname  of  the  person  putting 
up  the  same,  written,  printed  or  stamped  on  bands  or  boards  made 
fast  thereto,  with  the  name  of  the  State  and  the  place  where  such 
person  lives.  Whoever  offers  for  sale  or  shipment  any  pressed  hay 
not  marked  as  aforesaid,  except  hay  pressed  by  farmers  and  retailed 
from  their  own  barns,  forfeits  one  dollar  for  each  bale  so  offered, 
to  be  recovered  by  complaint.  No  person  who  has  received  hay  not 
marked  as  provided  in  this  section  shall  defend  any  action  for  the 
price  thereof  upon  that  ground,  unless  he  shall  prove  that,  before 
the  delivery  of  said  hay  to  him,  he  requested  the  person  from  whom 
he  bought  the  same  to  comply  with  the  provisions  of  this  section. 

Rev.  Stats.,  1916,  ch.  45,  p.  703. 

Sec.  9  (1901).  Duty  of  inspector  as  to  inspection  and  packing  of  fish. — 
Every  inspector  who  inspects  any  kind  of  fish  that  are  split  and 
pickled  for  packing,  shall  see  that  they  are,  in  the  first  instance,  free 


MAINE  333 

from  taint,  rust  or  damage,  and  well  struck  with  salt  or  pickle ;  and 
such  of  said  fish  as  are  in  good  order  and  of  good  quality,  shall  be 
pickled  in  barrels,  half  barrels,  quarter  barrels  and  tenths  of  barrels 
or  kits ;  each  barrel  containing  two  hundred  pounds,  and  so  on  in  that 
proportion ;  and  the  same  shall  be  packed  in  good,  clean  coarse  salt, 
sufficient  for  their  preservation;  and  then  each  cask  shall  be  headed 
up  and  filled  with  clear,  strong  pickle,  and  shall  be  branded  by  the 
inspector  with  the  name  and  quality  of  the  fish  therein. 

Sec.  11.  Quality  of  casks  and  how  made;  dimensions. — All  barrels  and 
casks  used  for  packing  pickled  fish,  shall  be  made  of  sound,  well- 
seasoned  white  oak,  white  ash,  spruce,  pine,  chestnut  or  poplar  staves 
with  heading  of  either  of  such  kinds  of  wood,  sound,  well  planed  and 
seasoned,  and  when  of  pine,  free  from  sap,  and  the  barrels  hooped 
with  at  least  three  strong  hoops  on  each  bilge,  and  three  also  on  each 
chime ;  the  barrel  staves  shall  be  twenty -eight  inches  in  length,  and 
the  heads  not  less  than  sixteen  and  one-half  inches  between  the 
chimes,  and  made  in  workmanlike  manner,  to  hold  pickle.  The  bar- 
rels shall  contain  from  twenty-eight  to  thirty  gallons  each,  and  the 
aliquot  parts  of  a  barrel  in  the  same  proportion. 

Sec.  12.  Pickled  alewives  and  herring,  how  prepared  and  packed. — 
Every  inspector  who  inspects  pickled  alewives  or  herring,  or  other 
small  fish,  packed  whole  or  round,  shall  see  that  they  are  struck  with 
salt  or  pickle,  and  then  put  in  good  casks  of  the  size  and  material 
aforesaid,  packed  closely  therein,  and  well  salted,  and  the  casks 
filled  with  fish  and  salt,  putting  no  more  salt  with  the  fish  than  is 
necessary  for  their  preservation;  and  the  inspector  shall  brand  or 
stencil  all  such  casks  with  the  name  of  the  inspected  fish  as  afore- 
said. 

Sec.  49  (1913).  Boxes  for  smoked  herring. — No  person,  firm  or  cor- 
poration engaged  in  the  State  in  buying,  selling  and  packing  of 
smoked  herring,  shall  sell  or  offer  for  sale  smoked  herring  in  boxes 
of  less  than  the  following  dimensions,  viz :  Two  inches  in  depth,  six 
inches  in  width,  inside  measure,  and  twelve  inches  in  length,  outside 
measure.  Whoever  packs,  sells  or  offers  for  sale,  smoked  herring  in 
boxes  in  violation  of  this  section  shall  forfeit  twenty-five  cents  for 
each  box  so  packed,  sold  or  offered  for  sale ;  but  this  section  does  not 
apply  to  boxes  of  boneless  herring. 

Sec.  60  (al909).  Size  of  clam-bait  barrel;  penalty. — In  all  contracts 
relating  to  the  sale  of  clam  bait,  fresh  or  salt,  by  the  barrel,  and 
clam  bait  barrels,  such  barrel  shall  be  twenty-five  and  one-fourth 
inches  long,  and  fifteen  and  one-half  inches  head  diameter,  outside 
measure.  Whoever  violates  this  provision  shall  be  liable  to  a  penalty 
not  exceeding  fifty  dollars  for  each  offense. 

Laws,  1925,  ch.  57,  p.  40. 

Sec.  1.  Standard  time  defined. — Within  the  State  of  Maine,  the 
standard  time  shall  be  based  on  the  mean  astronomical  time  of  the 
seventy-fifth  degree  of  longitude  west  from  Greenwich,  known  and 
designated  by  the  Federal  statute  as  "  United  States  standard  eastern 
time."  It  shall  be  unlawful  for  any  town  or  other  municipality  to 
vote  for,  or  otherwise  establish,  any  other  system  of  time. 


MARYLAND 

Ann.  Code,  1924,  Bagby,  Vol.  2,  Art.  97,  p.  3032. 

Sec.  1  (al914).  State  standards. — The  standards  for  weights  and 
measures  in  this  State,  except  as  otherwise  provided  in  this  article, 
shall  be  the  same  as  the  standards  of  weights  and  measures  of  the 
United  States. 

Sec.  2.  County  inspector  of  standards,  appointment  of;  duties. — The 
county  commissioners  of  each  county,  shall,  on  or  before  the  first 
day  of  May  in  each  year,  appoint  some  person,  or  persons,  as  in- 
spector or  inspectors  of  standards  of  weights  and  measures,  who 
shall  safely  keep  and  preserve  the  same,  and,  when  required,  de- 
liver them  to  said  county  commissioners,  or  to  such  persons  as  they 
may  appoint  to  receive  the  same;  and  who  shall  perform  the  duties 
as  prescribed  by  this  article  in  the  territory  for  which  they  have 
been  appointed. 

Sec.  3.  Inspectors  for  Baltimore  city,  appointment  of;  duties  of. — The 
comptroller  of  Baltimore  city  shall  appoint  such  number  of  in- 
spectors of  standards  of  weights  and  measures  as  may  be  required 
for  said  city,  said  appointment  to  be  made  in  the  way  and  manner 
now,  or  that  may  hereafter  be,  adopted  by  the  mayor  and  city 
council  of  Baltimore  under  and  by  virtue  of  the  powers  conferred  by 
the  charter  of  said  city;  and  said  inspectors  shall  safely  keep  and 
preserve  said  standards  of  weights  and  measures  in  and  for  the  city 
of  Baltimore,  and,  when  required,  deliver  them  to  said  comptroller, 
or  to  such  persons  as  he  may  appoint  to  receive  the  same;  and  they 
shall  perform  the  several  duties  prescribed  by  this  article  in  and 
for  the  territory  for  which  they  have  been  appointed. 

Sec.  4.  Bond.- — Each  person  so  appointed  for  the  several  counties 
and  the  city  of  Baltimore,  before  entering  upon  the  duties  of  his 
office,  shall  give  bond  to  the  county  commissioners  of  the  county  for 
which  he  is  appointed  or  to  the  mayor  and  city  council  of  Baltimore 
city  if  appointed  for  said  city,  in  the  penal  sum  of  five  hundred 
dollars,  conditioned  for  the  faithful  discharge  of  all  the  duties 
appertaining  to  his  office. 

Sec.  5  (al916).  All  weights  and  measures  to  be  inspected  and 
stamped  annually;  other  provisions  for  Baltimore. — All  weights  and 
measures  used  within  this  State  in  the  vending  of  articles,  shall  be 
inspected  and  stamped  or  branded  by  said  inspectors,  and  when 
adjusted  shall  be  by  said  inspectors  stamped  or  branded  with  letters 
"  Md.S.,"  meaning  thereby  "  Maryland  Standard,"  together  with  the 
figures  that  will  indicate  the  year  of  inspection,  in  such  manner  and 
on  such  parts  of  said  weights  and  measures  as  shall  be  most  lasting 
and  effectual  in  preventing  and  detecting  fraudulent  practices  or 
impositions  in  the  use  of  such  weights  and  measures;  and  the  like 
inspection  shall  be  repeated  once  in  every  year,  and  the  year  of  in- 
spection stamped  or  branded  thereon:  Provided,  That  such  inspec- 

334 


MARYLAND  335 

tion  and  stamping  or  branding,  as  set  out  in  this  section,  shall  be 
done  in  the  city  of  Baltimore  at  such  times  and  in  the  manner  as  is 
now,  or  may  hereafter  be  provided  by  the  mayor  and  city  council  of 
said  city.  Such  weights  and  measures  so  examined  and  stamped  or 
branded  as  aforesaid,  and  no  other,  shall  be  used  in  this  State  in  the 
vending  of  such  articles  as  are  directed  by  law  to  be,  or  are  usually 
sold  by  weight  or  measure,  firm  or  corporation  or  agent,  employee  or 
officer  of  any  person,  firm  or  corporation;  and  any  person  violating 
any  one  of  the  provisions  of  this  section  shall  be  liable  to  indictment 
in  any  court  in  this  State  having  criminal  jurisdiction,  and  upon 
conviction  thereof  shall  be  fined  not  more  than  fifty  dollars,  in  the 
discretion  of  the  court,  for  the  first  offense,  and  if  convicted  a  second 
time  for  a  violation  of  this  section,  the  person  or  persons  so  offending 
shall  be  fined  not  more  than  one  hundred  dollars,  and  be  imprisoned 
for  not  more  than  thirty  days,  in  the  discretion  of  the  court,  and  his, 
ber  or  their  license,  if  any  was  issued  for  the  business  he,  she  or  they 
are  engaged  in,  shall  be  declared  null  and  void  by  the  judge  of  said 
court ;  and  it  shall  not  be  lawful  for  such  person  or  persons  to  obtain 
another  license  for  the  period  of  twelve  months  from  the  time  of  such 
conviction,  nor  shall  a  license  be  obtained  by  any  other  person  or 
persons  to  carry  on  said  business  on  the  premises  or  elsewhere,  if  the 
person,  so  as  aforesaid  convicted,  has  any  interest  whatever  therein, 
or  shall  derive  any  profit  whatever  therefrom;  and  in  case  of  being 
convicted  more  than  twice  for  a  violation  of  this  section,  such  person 
or  persons  on  each  occasion  shall  be  imprisoned  for  not  more  than 
sixty  days,  and  fined  not  more  than  double  that  imposed  on  such 
person  or  persons  on  the  last  preceding  conviction;  and  his,  her  or 
their  license,  if  any  was  issued,  may  be  declared  null  and  void  by  the 
court,  and  no  new  license  shall  be  issued  to  such  person  or  persons  for 
a  period  of  two  years  from  the  time  of  such  conviction,  nor  to  any  one 
else  to  carry  on  said  business  wherein  he  or  she  is  in  anywise  inter- 
ested, as  before  provided  for  the  second  violation  of  the  provisions 
of  this  section. 

Sec.  6  (al914).  Inspections,  when  made;  notice  to  be  given. — The 
inspectors  of  weights  and  measures  for  the  several  counties  of  the 
State  shall  attend  at  the  different  markets,  towns  and  villages,  in 
the  county  for  which  they  shall  respectively  be  appointed  at  least 
once  in  each  year,  and  at  the  different  public  inspecting  warehouses 
in  said  counties  at  least  twice  in  each  year,  on  some  certain  days  to 
be  appointed  by  the  county  commissioners  of  which  thirty  days' 
public  notice  shall  be  given  by  advertisement  inserted  in  some  one  or 
more  newspapers  in  the  counties  in  which  there  may  be  such  paper 
printed,  and  also  by  advertisement  set  up  at  some  conspicuous  place 
in  the  said  markets,  warehouses,  villages  and  towns,  and  shall  inspect 
and  adjust  all  beams  and  scales,  weights  and  measures,  used  or  in- 
tended to  be  used  in  said  county :  Provided,  That  such  inspection  and 
adjustment  of  all  beams,  scales,  weights  and  measures  in  Baltimore 
city  shall  be  made  at  the  times  and  in  the  manner  as  is  now  or  may 
hereafter  be  provided  by  the  mayor  and  city  council  of  said  city. 

Sec.  7.  Record  to  be  kept  and  report  of  same  made;  small  packages  to 
be  examined  and  certificate  issued  to  manufacturer,  when. — Each  in- 
spector of  weights  and  measures  shall  keep  a  record  in  book  form, 

517—26 22 


336  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

in  which  he  shall  register  the  names  of  the  persons  whose  beams  and 
scales,  weights  and  measures  he  has  adjusted,  also  the  names  of  the 
manufacturers  or  persons  for  whom  sample  packages  have  been 
measured,  together  with  the  day  of  the  month  and  year,  and  number 
and  description  of  the  same  so  adjusted  or  measured,  which  he  shall 
submit  to  the  inspection  of  the  county  commissioners  of  the  county 
for  which  he  is  appointed,  or  the  comptroller  of  Baltimore  city  if 
appointed  for  said  city,  once  in  each  year  or  oftener  if  required.  It 
shall  also  be  the  dut}*'  of  the  inspector  or  inspectors  of  standards  of 
weights  and  measures  to  examine  all  sample  packages  submitted  to 
them  for  measurement,  and  if  the  submitted  package  or  packages 
are  found  to  be  in  conformity  with  the  standard  of  measurements 
as  provided  for  by  this  article,  the  said  inspector  or  inspectors  are 
to  issue  a  certificate  to  the  party  or  parties  submitting  the  sample 
package  setting  forth  this  fact,  which  certificate  is  to  be  sufficient 
authority  for  the  manufacturer  of  such  packages  to  manufacture 
and  to  sell  the  same. 

Sec.  8.  Refusal  to  have  weights  or  measures  inspected;  penalty. — If 
any  person,  firm  or  corporation,  or  agent,  employee,  or  officer,  of 
any  person,  firm  or  corporation  shall  refuse  or  neglect  to  have  his, 
her,  their  or  its  beams  or  scales,  weights  and  measures  inspected  and 
adjusted  as  directed  in  this  article  when  required  to  do  so  by  the 
proper  officer,  he,  she,  they,  or  it,  shall  be  fined  five  dollars  for  every 
day  during  such  delinquency. 

Sec.  9  (al920) .  Family  scales  prohibited  for  commercial  purposes; 
penalty;  not  applicable,  where. — It  shall  be  unlawful  for  any  person, 
firm  or  corporation,  or  agent,  employee  or  officer  of  any  person,  firm 
or  corporation  to  have  in  his,  their  or  its  possession  for  commer- 
cial purposes,  any  scale  designated  or  commonly  known  as  family 
scales.  Any  person,  firm  or  corporation,  or  any  agent,  employee 
or  officer  of  any  person,  firm  or  corporation  having  in  his,  her,  their 
or  its  possession  for  commercial  purposes  any  such  scale,  shall  on 
conviction  be  subject  to  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars  for  each  offense:  Provided,  That  this  shall 
not  apply  to  any  county  of  which  there  is  no  inspector  of  weights 
and  measures  or  other  similar  official. 

Sec,  10  (al914).  Inspection  and  seizure  of  apparatus;  how  disposed 
of. — If  any  inspector  shall  be  informed  or  has  reason  to  suspect  that 
any  person,  firm  or  corporation  is  using,  or  has  in  his,  her,  their  or 
its  possession  with  fraudulent  intention  any  false  beams  or  scales,  or 
weights,  or  measures,  he  shall  examine  the  same,  and  if  he  finds 
them,  or  any  of  them  to  be  false  he  shall  seize  the  same  as  a  for- 
feiture, and  adjust,  and  sell  them  at  public  auction;  and  shall  annu- 
ally return  a  statement  of  the  money  received  therefor  under  oath 
to  the  county  commissioners  of  the  county  for  which  he  is  appointed, 
or  the  comptroller  of  Baltimore  city,  if  appointed  for  said  city. 

Sec.  11.  'Use  of  apparatus  with  broken,  altered  or  condemned  seal; 
penalty;  proviso;  not  applicable  to  berry  box  or  standard  barrel. — If 
any  weight  or  measure  which  shall  have  been  stamped  or  branded  as 
required  by  provisions  of  this  article,  shall  be  broken,  injured, 
altered',  or  changed,  or  condemned  by  any  inspector,  and  shall  be 
found  thereafter  in  the  use  of  any  person,  firm  or  corporation,  or 
agent,  employee,  or  officer,  of  any  person,  firm,  or  corporation,  within 


MARYLAND 


337 


this  State,  such  person,  firm,  or  corporation,  or  agent,  employee,  or 
officer  of  such  person,  firm  or  corporation,  shall  be  fined  twenty  dol- 
lars lor  each  and  every  offense :  Provided,  That  this  section  shall  not 
apply  to  the  standard  quart  berry  box  or  basket,  nor  to  the  standard 
barrel  for  the  measurement  in  this  State  of  green  peas  or  beans  in 
the  hull. 

Sec.  12  (1920).  Unlawful  to  dispose  of  any  condemned  weight  of 
measure;  penalty. — It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, or  for  any  agent,  employee  or  officer  of  any  person,  fira 
or  corporation  to  sell,  destroy  or  dispose  in  any  way  of  any  scale 
weight  or  measure  which  has  been  condemned  by  an  inspector  o; 
weights  and  measures  in  the  city  of  Baltimore  without  the  knowl 
edge  and  consent  of  said  inspector,  or  to  remove  any  tag  placed  or 
a  scale,  weight  or  measure  by  such  inspector  showing  that  it  has 
been  condemned  until  such  scale,  weight  or  measure  has  been  re- 
inspected  and  approved,  and  the  said  tag  shall  be  placed  in  a  con- 
spicuous place,  and  shall  only  be  removed  by  one  of  the  inspectors 
of  weights  and  measures.  Any  one  violating  the  provision  of  this 
section  shall,  upon  conviction,  be  fined  not  less  than  twenty-five  nor 
more  than  one  hundred  dollars  for  each  and  every  offense. 

Sec.  13  (al914).  Compensation  of  inspectors. — Each  inspector  for 
the  several  counties  shall  receive  compensation  for  the  discharge  of 
his  duties  as  the  county  commissioners  of  the  county  for  which  he 
is  appointed  shall  think  proper  to  allow,  which  shall  be  levied  on 
the  assessable  property  of  said  county,  and  collected  as  other  county 
charges.  And  the  inspectors  appointed  for  Baltimore  city  shall 
receive  compensation  for  the  discharge  of  their  duties  as  is  now,  or 
may  hereafter  be,  provided  by  the  mayor  and  city  council  of  said 
city. 

Sec.  14.  Adjustment  of  apparatus  by  inspector;  compensation  there- 
for.— Whenever  any  inspector  shall  be  applied  to  [to]  adjust  scales, 
weights  and  measures  by  adding  to  or  diminishing  the  same,  or  to 
adjust  scales  and  beams  he  shall  be  allowed  an  additional  reasonable 
compensation  therefor  to  be  paid  by  the  party  so  applying  for  his 
services. 

Sec.  15.  Standard  gallon  and  subdivisions;  barrel;  hogshead. — The 
units  or  standards  of  measures  of  capacity  for  liquids  designated 
in  this  article  shall  be  based  on  a  liquid '  gallon,  or  two  hundred 
and  thirty-one  cubic  inches;  thirty-one  and  one-half  gallons  equal- 
ing one  barrel,  and  two  barrels  one  hogshead,  continual  divisions  of 
the  gallon  by  two,  equaling  half-gallons,  quarts,  pints,  half-pints 
and  gills. 

Sec.  16.  Dry  measure;  standard  bushel  and  subdivisions. — The  units 
or  standards  of  measures  of  capacity  for  dry  measure  designated 
in  this  article  shall  be  based  on  a  dry  bushel  of  two  thousand  one 
hundred  and  fifty  and  four-tenths  cubic  inches;  continual  divisions 
of  the  bushel  by  two,  equaling  half-bushels,  pecks,  half-pecks,  quar- 
ter-pecks, quarts,  pints  and  half-pints. 

Sec.  17.  Standard  basket.— The  standard  five-eighths  (%)  of  a 
bushel  basket  shall  contain  not  less  than  thirteen  hundred  and  fortv- 
four  (1,344)  cubic  inches. 

Sec.  18.  Standard  measure  for  shipping  and  selling  berries,  nuts,  and 
small  fruits.— The  standard   of  measure   for   shipping  and  selling 


338  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

strawberries,  raspberries,  blackberries,  currants,  gooseberries,  cran- 
berries, whortleberries,  cherries,  plums,  peanuts,  kernels  of  other 
nuts,  and  all  other  berries  and  small  fruits,  grown  and  packed  in  this 
State,  or  grown  elsewhere  and  packed  or  repacked  in  this  State,  shall 
be  the  quart  containing  sixty-seventh  and  two-tenths  cubic  inches, 
continual  division  of  the  quart  by  two,  equaling  pints  and  half- 
pints. 

Sec.  19  (al920).  Standard  berry  boxes  only  permitted;  penalty. — Any 
person,  firm  or  corporation,  or  agent,  employee  or  officer  or  any 
person,  firm  or  corporation,  having  in  his,  her  or  its  possession  for 
use  for  the  packing  or  repacking  of  the  berries,  fruits,  nuts  and  other 
articles  designated  in  the  sixteenth  section  of  this  article,  grown  in 
this  State  or  elsewhere,  a  berry  box  or  basket  of  less  capacity  than 
that  designated  in  section  sixteen,  shall  on  conviction  be  fined  not 
less  than  twenty  dollars  nor  more  than  fifty  dollars  for  each  of- 
fense; and  the  possession  for  use,  or  use  of  each  such  berry  box  or 
basket  shall  constitute  a  separate  offense. 

Sec.  20  (al914).  Standard  bushel  box  or  basket  for  shipment  or  sale 
of  peaches,  pears,  tomatoes,  other  fruits  and  vegetables. — The  standard 
bushel  box  or  basket  for  the  shipment  or  sale  by  the  box  or  basket 
of  peaches,  pears,  tomatoes,  and  all  other  fruits  and  vegetables  grown 
and  packed  in  this  State,  or  grown  elsewhere  and  packed  or  re- 
packed in  this  State,  shall  be  of  the  capacity  of  two  thousand  one 
hundred  and  fifty  and  four-tenths  cubic  inches  when  even  full,  a 
half -bushel  box  or  basket  for  the  same  shall  be  of  the  capacity  of  one 
thousand  and  seventy-five  and  two-tenths  cubic  inches  when  even 
full. 

Sec.  21  (al916).  Standard  barrel  for  green  peas  or  beans  in  the  hull; 
dimensions;  dimensions,  how  stamped;  penalty. — The  standard  barrel1 
for  the  measurement  of  all  green  peas,  or  beans  in  the  hull  for  which 
a  heaping  measure  is  now  given,  shall  be  of  the  following  dimen- 
sions, namely:  Diameter  of  said  barrel  at  the  top  shall  be  eighteen 
and  three-fourths  inches  inside  the  staves,  the  diameter  at  the 
bottom  inside  the  staves  shall  be  sixteen  and  one-fourth  inches,  and 
the  depth  of  said  barrel  shall  be  twenty-six  inches  inside,  and  to  con- 
tain in  all  six  thousand  two  hundred  and  fifty-three  and  three- 
fourths  cubic  inches,  measurement  by  said  barrel  to  be  struck 
measure.  The  dimensions  of  any  barrel  so  used  shall  be  stamped  by 
the  inspector  of  weights  and  dry  measures  of  the  city  of  Baltimore 
upon  the  same  in  three  conspicuous  places,  and  any  person  using  a 
barrel  for  the  measurement  of  peas,  beans  and  like  farm  products 
without  being  so  stamped  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  said  fines  to  be  collected 
as  other  fines  are  now  collected. 

Sec.  22  (al914).  Use.  of  standard  barrel  after  being  broken,  injured 
or  altered;  penalty  for. — If  any  barrel  for  the  measurement  of  green 
peas,  or  beans,  in  the  hull  when  sold  by  the  bushel  in  this  State, 
which  shall  have  been  stamped  as  provided  for  in  section  21  of  this 
article,  shall  be  broken,  injured,  altered,  or  changed,  or  condemned 
by  the  inspector,  and  shall  be  found  thereafter  in  the  use  of  any 
person,  firm,  or  corporation,  or  agent,  employee,  or  officer  of  any 
person,  firm,  or  corporation,  within  the  State,  such  person,  firm,  or 

1  See  p.  20  relative  to  the  Federal  standard  barrel. 


MARYLAND 


339 


corporation,  or  agent,  employee,  or  officer  of  such  person,  firm  or 
corporation,  shall  be  fined  not  less  than  one  hundred  dollars  for  each 
offense. 

Sec.  23.  Standard  barrel  for  shipment  or  sale  of  pears,  potatoes,  cab- 
bage, carrots,  onion  and  other  fruits  and  vegetables;  dimensions  of. — 
The  standard  barrel  for  the  shipment  or  sale  by  the  barrel  of  pears, 
quinces,  Irish  potatoes,  sweet  potatoes,  turnips,  green  peas,  beans, 
cabbage,  beets,  parsnips,  carrots,  kale,  spinach,  broccoli,  onions,  and 
all  other  fruits  and  vegetables  grown  and  packed  in  this  State,  or 
grown  elsewhere  and  packed  or  repacked  in  this  State,  shall  be  of 
not  less  than  the  following  dimensions :  Diameter  of  top  and  bottom, 
sixteen  and  one-half  inches,  diameter  of  bulge,  eighteen  and  one-half 
inches — both  inside  measurements,  length  of  stave  twenty-seven  and 
one  -half  inches. 

Sec.  24.  Standard  double-head  barrel  for  shipment  or  sale  of  apples; 
dimensions. — The  standard  double-head  barrel  for  the  shipment  or 
sale  by  the  barrel  of  apples  grown  and  packed  in  this  State,  or  grown 
elsewhere  and  packed  or  repacked  in  this  State,  shall  be  of  the  fol- 
lowing dimensions:  Head  diameter,  seventeen  and  one-eighth  inches 
(17%),  regardless  of  the  depth  of  the  chine  in  the  staves;  distance 
between  heads,  twenty-six  inches  (26) ;  inside  measurement;  circum- 
ference at  the  .bulge,  sixty-four  inches  (64),  outside  measurement. 

Sec.  25.  Manufacture  or  sale  of  barrels  of  less  capacity;  how  marked; 
penalty;  separate,  offense,  what  constitutes. — Any  person,  firm  or  cor- 
poration in  this  State  who  manufactures,  sells,  offers  for  sale,  or  has 
in  his,  her,  or  its  possession  barrels,  baskets,  or  boxes  of  the  capaci- 
ties defined  in  sections  20,  23,  and  24  of  this  article,  and  if  of  less 
capacities  than  are  defined  in  said  sections  20,  23,  and  24,  must 
plainly  mark  in  three  conspicuous  places  on  the  exterior  sides  of 
said  barrels,  baskets,  or  boxes,  in  letters  not  less  than  one  and  one- 
half  inches  high  the  word  "  Short."  Anj"  person,  firm,  or  corpora- 
tion, or  agent,  employee,  or  officer  of  any  person,  firm,  or  corportion, 
violating  any  of  the  provisions  of  this  section  shall  be  fined  not 
less  than  one  dollar,  nor  more  than  five  dollars  for  each  offense; 
and  the  use,  sale,  or  manufacture  of  each  barrel,  basket,  box,  half- 
box,  or  half-basket,  not  marked  as  designated  herein  shall  con- 
stitute a  separate  offense. 

Sec.  26.  Standard  weights  per  bushel,  ton  and  barrel.— -The  standard 
weights  for  grain,  hay,  straw,  produce,  and  mineral  coal  for  this 
State  shall  be  as  follows : 2 


Apples  (dried) 

pounds  per  bushel- .  28 

Apples  (green) do 50 

Alsike  clover  seed do 60 

Alfalfa  seed do 60 

Barley do 48 

Barley  malt do 34 

Buckwheat do 48 

Blue-grass  seed do 14 

Dried  beans do 60 

Bran do 20 

Carrots do 50 

Corn  (shelled) do 56 

Corn  (on  cob) do 70 


Corn  (on  cob) 

pounds  per  barrel..  350 

Corn  (shelled) do 280 

Corn  meal  .pounds  per  bushel..  48 

Clover  seed do 60 

Castor  beans  or  seed do 50 

Coal  or  culm do 80 

Coal pounds  per  ton..  2,  240 

Charcoal   (commercially  dry) 

cubic  inches  per  "bushel..  2,  748 

Cowpeas,.. pounds  per  bushel. _  60 

Flour pounds  per  barrel.  _  196 

Flaxseed-. .pounds  per  bushel. _  56 

Herd's  grass  seed do 45 


-  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


340 


LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


Hungarian  grass  seed 

pounds  per  bushel.  _ 

Hemp  seed do 

Hay pounds  per  ton._ 

Lime pounds  per  bushel.  _ 

Millet  (German  and  American) 

pounds  per  bushel.. 

Oats do 

Onions do 

Orchard  grass  seed do 

Peaches  (peeled) do 

Peaches  (unpeeled) do 

Dried  peas do 

Potatoes  (sweet  and  Irish) 

pounds  per  bushel.. 


50 

44 

2,000 

80 

50 
32 
54 
14 
40 
32 
60 

60 


Peanuts pounds  per  bushel.  _  22 

Rye do 56 

Red  top  grass  seed  (chaff)  do 14 

Red  top  grass  seed  (fancy) 

pounds  per  bushel..  32 

Rape do 50 

Straw pounds  per  ton..  2,  000 

Salt  (coarse) 

pounds  per  bushel..  70 

Salt  (fine) do 56 

Sorghum do 50 

Timothy  grass  seed do 45 

Turnips do 60 

Wheat do 60 


Sec.  27.  Grain,  quantity  ascertained  by  weight,  and  also  charges  for 
freight,  etc. — All  charges  for  freight,  measurement,  weighing,  inspec- 
tion, wharfage  and  commission  on  grain  shall  be  made  on  the  number 
of  bushels  as  ascertained  by  weight,  and  not  by  running  measure- 
ment. Any  person,  firm  or  corporation,  or  agent,  employee,  or  officer 
of  any  person,  firm  or  corporation,  violating  any  of  the  provisions 
of  this  section,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Sec.  28.  Cotton,  woolen  or  other  dry  goods;  penalty  for  false  marking 
as  to  quanta . — No  person  shall  sell  any  package  or  parcel  of  cotton, 
woolen,  or  other  dry  goods  having  any  mark  thereon  or  attached 
thereto  indicating  or  stating  a  greater  number  or  a  larger  quantity 
than  is  actually  contained  in  such  package  or  parcel;  and  any  auc- 
tioneer, commission  merchant  or  dealer  so  selling,  shall  in  each 
case  forfeit  and  pay  to  the  purchaser  or  purchasers  of  each  package 
or  parcel  double  the  value  of  the  quantity  of  goods,  which  on  actual 
measurement  shall  be  found  there  is  wanting  in  any  such  package  or 
parcel  to  make  up  the  number  of  yards  or  quantity  marked  there- 
on. All  sums  not  exceeding  one  hundred  dollars  forfeited  and  pay- 
able under  this  section  shall  be  recoverable  by  the  purchaser  or 
purchasers  before  a  justice  of  the  peace  as  other  debts;  and  all 
sums  exceeding  one  hundred  dollars  by  appropriate  action  in  any 
court  having  jurisdiction  thereof  in  the  city  of  Baltimore  or  the 
county  where  such  sales  were  made. 

Sec.  29.  Tomatoes,  standard  weight;  appointment  of  weigher;  fee  for 
weighing ;  salary  of  weigher. — The  standard  of  weights  of  tomatoes  in 
in  the  State  of  Maryland  shall  be  sixty  pounds  to  the  bushel;  and 
for  the  purpose  of  ascertaining  the  true  weight  thereof,  there 
shall  be  appointed  by  the  governor  a  weigher,  who  shall  be  charge- 
able with  the  duty  of  weighing  all  tomatoes  and  other  vegetables 
sold  by  weight  brought  to  center  market  of  Baltimore  city  for 
sale  by  the  wagon-load  on  the  scales  now  located  at  said  market 
when  applied  to,  to  have  said  tomatoes  or  other  vegetables  weighed ; 
and  who  shall  receive  therefor  the  sum  of  ten  cents  per  wagon-load 
for  performing  such  services,  two  cents  of  which  shall  be  paid  by  him 
quarterly  to  the  comptroller  to  whom  he  shall  give  bond  in  the 
penalty  of  one  thousand  dollars,  and  the  balance  he  shall  retain 
as  his  own  compensation  for  the  services  hereby  imposed  and  per- 
formed; provided  that  besides  the  two  cents  he  shall  pay  all  excess 
over  one  thousand  dollars  to  the  comptroller,  it  being  the  intent  of 
this  section  that  he  shall  only  receive  one  thousand  dollars  per 


MARYLAND  341 

annum  as  his  salary  to  be  paid  entirely  from  his  fees,  at  eight  cents 
net  per  load.  The  said  tomatoes  and  other  vegetables  shall  be 
weighed  in  the  wagons,  and  after  delivery  to  the  purchaser  the 
wagons  and  empty  boxes  shall  be  returned  to  the  said  scales  and 
the  weight  thereof  shall  be  deducted  from  the  gross  weight  as 
shown  by  the  first  weighing,  and  the  said  packers  or  purchasers 
shall  be  required  to  pay  for  said  vegetables  at  the  weight  certified  by 
said  weigher.  In  case  the  boxes,  in  which  the  tomatoes  or  other 
vegetables  are  contained,  shall  not  be  returned,  said  weigher  shall 
weigh  ten  empty  boxes,  and  the  average  weight  shall  be  established 
as  the  weight  of  all  boxes  contained  in  any  wagon  or  wagons  so 
weighed  by  him,  and  anj^  packer  or  purchaser  who  shall  refuse  to 
pay  for  the  same  according  to  the  certificate  of  said  weigher  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  fifty  dollars  for 
each  offense ;  and  any  driver  of  any  wagon  who  shall  sell,  dispose  of, 
or  barter  any  of  the  produce  in  his  wagon  which  has  been  sold  to 
a  packer  or  other  purchaser  between  the  time  of  the  weighing  of  the 
same  and  the  delivery  to  said  packer  or  purchaser,  shall  be  deemed 
guilty  of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
twenty-five  dollars  for  each  offense. 

Sec.  30  (al920).  Giving  short  weight  or  measure;  penalty. — Any 
person,  firm  or  corporation,  or  agent,  employee  or  officer  of  any 
person,  firm  or  corporation  who  shall  knowingly  and  willfully  give 
short  weight  or  short  measure  to  any  one  purchasing  any  article  or 
commodity  shall  be  guilty  of  a  misdemeanor  and  shall  on  conviction 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars.  A  warrant  for  the  arrest  of  any  person,  or  agent,  employees 
or  officer  of  any  person,  firm  or  corporation  may  be  issued  at  the 
instance  of  the  purchaser*  receiving  the  short  weight  or  measure  or 
at  the  instance  of  any  inspector  of  weights  and  measures  in  the 
State  of"  Maryland. 

Sec.  31  (al914).  Penalties,  how  recoverable. — All  fines,  forfeitures 
and  penalties  imposed  by  the  several  sections  of  this  article,  except 
as  otherwise  hereinbefore  provided,  shall  be  recoverable  as  now  pro- 
vided by  the  laws  of  the  State  of  Maryland  for  the  recovery  of  fines, 
forfeitures  and  penalties;  one-half  of  said  fines,  forfeitures  and 
penalties,  except  as  otherwise  hereinbefore  provided,  to  be  paid  to 
the  informer,  and  the  other  half  to  the  city  of  Baltimore  or  the 
county  in  which  the  offense  shall  have  been  committed. 

Sec.  47  (1924).  Authority  conferred  on  State  board  of  agriculture  to 
inspect  weights  and  measures;  penalty. — In  addition  to  the  powers  of 
inspection,  regulation  and  adjustment  of  scales,  beams,  weights  and 
measures  conferred  by  this  article  upon  the  inspectors  appointed  by 
the  county  commissioners  of  the  several  counties,  and  by  the  comp- 
troller of  Baltimore  city,  the  State  board  of  agriculture  shall, 
through  its  officers,  agents  and  employees,  have  the  authority  and 
power  to  inspect,  regulate  and  adjust  any  or  all  scales,  beams,  weights 
and  measures  used  in  the  several  counties  of  the  State  and  in  the 
city  of  Baltimore  in  the  vending  or  purchasing  of  agricultural  prod- 
ucts and  farm  supplies  which  are  directed  by  law  or  are  usually  sold 
by  weight  or  measure.  The  said  State  board  of  agriculture  shall 
have  and  exercise,  through  its  officers,  agents  and  employees,  all 


342  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

the  authority  and  power  conferred  by  this  article  upon  the  inspec- 
tors appointed  by  the  county  commissioners  of  the  several  counties, 
and  by  the  comptroller  of  Baltimore  city,  including  the  power  to  con- 
demn any  scale,  beam,  weight  or  measure  which  it  is  impossible  to 
repair,  and  to  prohibit  the  use  of  and  to  remove  and  destroy  or  other- 
wise dispose  of  the  same.  The  authority  and  power  hereby  con- 
ferred shall  be  exercised  in  such  manner,  by  such  method  or  methods 
and  at  such  time  or  times  as  shall  be  determined  upon  by  the  said 
State  board  of  agriculture,  and  the  said  board  shall  have  power  to 
make  or  cause  to  be  made  an  inspection  or  inspections  of  such  scale, 
beams,  weights  and  measures  as,  in  its  discretion,  the  public  interest 
shall  require. 

Any  person,  firm  or  corporation,  or  any  officer,  agent  or  employee 
of  such  person,  firm  or  corporation  refusing  to  have  his,  her,  their 
or  its  scales,  beams,  weights  or  measures  inspected,  regulated  or  ad- 
justed by  the  said  State  board  of  agriculture,  or  its  officers,  agents 
or  employees,  as  authorized  by  this  article,  or  refusing  to  carry  out 
the  lawful  orders  of  the  said  board,  its  officers,  agents  or  employees, 
or  interfering  in  any  way  with  the  exercise  of  the  authority  con- 
ferred by  this  article,  shall,  upon  conviction,  be  subject  to  the  penal- 
ties provided  therefor  in  this  article.  The  provisions  of  this  section 
shall  be  construed  as  additional  and  supplemental  to,  and  not  in 
substitution  for  or  in  conflict  with,  any  of  the  other  sections  of  this 
article. 

Ann.  Code,  1924,  Bagby,  Art.  27,  p.  954. 

See.  178  (a!300).  Fruit  and  vegetable  packing. — An  apple  barrel3 
shall  be  of  the  following  dimensions :  Head  diameter,  seventeen  and 
one-eighth  inches;  length  of  stave,  twenty-eight  and  one-half  inches; 
bulge,  not  less  sixty-four  inches,  outside  measurement;  and  every 
person,  firm  or  corporation  buying  or  selling  apples  in  this  State  by 
the  barrel  shall  be  understood  as  referring  to  the  quantity  or  size 
of  the  barrel  specified  in  this  section:  Provided,  however,  That 
nothing  in  this  section  shall  prevent  any  shipment  of  apples  in  the 
regular  flour  barrel. 

Ann.  Code,  1924,  Bagby,  Art.  20,  p.  586. 

Sec.  28  (al904) . — Every  constable  shall,  upon  complaint,  enter  into 
the  house  of  any  retailer,  and  there  call  for  and  inspect  the  measures 
used  by  such  retailer. 

Ann.  Code,  1924,  Bagby,  Art.  43,  p.  1534. 

Sec.  192  (al916).  Food,  net  weight.—*  *  *  That  for  the  purpose 
of  sections  189  to  200  an  article  shall  also  be  deemed  to  be 
misbranded     *     *     * 

In  case  of  foods:     *     *     * 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure  or  numerical  count:  Provided,  however, 
That  reasonable  variations  shall  be  permitted  and  tolerances  and 
also  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  made  in  accordance  with  the  provisions  of  sec- 
tion 196. 

3  See  note  p.  20  relative  to  the  Federal  standard  barrel ;  also  sec.  24,  p.  339. 


MARYLAND  343 

Ann.  Code,  1924,  Bagby,  Art.  72,  p.  2236. 

Sec.  88  (al900).  Measure  of  oysters;  oyster  bushel;  other  oyster  meas- 
ures; oyster  measure;  penalty. — All  oysters  sold  in  this  State  shall  be 
measured  either  in  a  one-half  bushel  tub,  a  bushel  tub,  a  bushel  and 
one-half  tub  or  a  three  bushel  tub,  and  no  instruments  shall  be  used 
for  measuring  oysters  in  the  shell  but  an  iron  circular  tub  with 
straight  sides  and  a  straight  solid  bottom,  with  holes  in  the  bottom 
for  draining,  such  holes  to  be  no  larger,  however,  than  one  inch  in 
diameter;  a  half  bushel  tub  shall  have  the  following  dimensions,  all 
measurements  to  be  from  inside  to  inside :  fifteen  inches  across  the 
top,  thirteen  inches  across  the  bottom;  and  seventeen  inches  diag- 
onally from  the  inside  chime  to  the  top ;  a  bushel  tub  shall  measure 
sixteen  and  one-half  inches  across  at  the  bottom  from  inside  to  inside, 
twenty-one  inches  diagonally  from  the  inside  chime  to  the  top,  and 
eighteen  inches  across  from  inside  to  inside  from  the  top ;  a  bushel 
and  one-half  tub  shall  measure  nineteen  inches  across  the  top  from 
inside  to  inside,  eighteen  inches  across  the  bottom  from  inside  to 
inside,  and  twenty-four  inches  diagonally  from  the  inside  chime 
to  the  top;  a  three  bushel  tub  shall  measure  twenty-four  inches 
across  the  top  from  inside  to  inside,  twenty-two  inches  from  inside  to 
inside  at  the  bottom,  and  twenty-nine  [and]  twenty-six-hundredths 
inches  diagonally  from  the  inside  chime  to  the  top,  and  all  oysters 
measured  in  the  shell  as  required  by  law  shall  be  even  measure  to 
the  top  of  the  tub  only,  and  any  person  or  persons  engaged  in  the 
business  of  buying  or  selling  oysters  in  this  State  who  shall  own 
or  have  in  his  possession  any  instrument  of  measurement  for  oys- 
ters in  the  shell  which  shall  differ  in  size  or  description  from  the 
measure  herein  before  mentioned,  or  shall  demand  a  greater  measure 
than  herein  before  mentioned,  shall  be  guilty  of  a  misdemeanor,  and 
punished  upon  conviction  before  a  court  of  competent  jurisdiction, 
to  be  fined  a  sum  of  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  or  committed  to  the  house  of  correction  for  a  period 
of  not  less  than  three  months  nor  more  than  six  months,  or  both,  in 
the  discretion  of  the  judge  or  justice  of  the  peace  trying  the  same;  and 
in  case  a  fine  ,is  imposed  under  the  provisions  of  this  section,  said 
fine  to  be  paid  over  by  the  officer  making  the  arrest  to  the  comp- 
troller of  the  State,  to  be  credited  to  the  oyster  fund ;  one-half,  how- 
ever, to  be  paid  to  the  informer,  unless  he  be  an  officer  of  the  State 
fishery  force.  Said  measures  shall  also  be  the  standard  measure  for 
shells,  and  the  use  of  any  other  measure  for  that  purpose  shall 
be  punished,  as  is  prescribed  by  this  section,  for  the  use  of  any  other 
measures  for  measuring  oysters,  and  the  measurers  or  special  inspec- 
tors are  hereby  forbidden  to  handle  or  interfere  with  the  oysters  in 
or  upon  the  tub  or  measure  for  the  purpose  of  pressing  or  pushing 
down  the  same,  under  penalty  of  removal  from  office  and  a  fine  of 
ten  dollars  for  each  offense. 

Ann.  Code,  1924,  Bagby,  Art.  48,  p.  1752. 

Sec.  19  (al916).  Weighing  of  tobacco  in  warehouses. — It  shall  be  the 
duty  of  each  inspector  to  cause  each  hogshead  of  tobacco  before  it 
is  uncased,  to  be  weighed,  and  the  tobacco  in  each  hogshead  and  the 
cask  itself,  to  be  separately  weighed  in  his  presence  or  that  of  his 
weighing  clerk,  in  scales  with  weights  of  the  proper  standard;  and 


344  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

the  weight  of  each  hogshead  as  first  weighed,  and  the  gross  and  net 
weight  of  the  tobacco  therein  contained  after  inspection,  to>  be  entered 
in  a  proper  book,  with  sufficient  reference  to  its  numbers  and  marks 
as  previously  recorded. 

Sec.  20.  Net  weight  to  be  marked  on  hogshead. — It  shall  be  the 
duty  of  each  inspector  to  cause  to  be  marked  with  a  marking-iron  on 
the  side  of  each  hogshead  of  tobacco  under  his  charge,  the  warehouse, 
number  and  weight  of  said  hogshead,  and  the  net  weight  of  tobacco 
contained  therein,  and  to  cause  the  warehouse  number  of  such  hogs- 
head to  be  marked  with  blacking  on  each  head  thereof. 

Sec.  31.  Tobacco,  when  weighed;  record  to  be  kept. — All  tobacco  in- 
spected in  any  of  the  warehouses  which  may  be  condemned  or  stayed 
shall  be  carefully  cased  up  and  weighed  and  the  gross  weight  and 
(are  be  entered  upon  a  book  kept  for  that  purpose,  together  with  the 
number  of  breaks  in  such  hogshead  as  may  be  stayed,  also  the  cause, 
v/hether  for  false  packing,  trash,  order  or  wet. 

Sec.  40.  Hogsheads  for  tobacco ;  size. — No  tobacco  of  the  growth  of 
this  State  shall  be  passed  or  accounted  lawful  tobacco  unless  the  same 
be  packed  in  hogsheads  not  exceeding  fifty-four  inches  in  the  length 
of  the  staves,  nor  exceeding  forty-six  inches  across  the  head ;  and  the 
owner  or  his  agent  of  tobacco  packed  in  any  hogshead  of  greater 
dimensions  shall  repack  the  same  in  hogsheads  of  the  size  herein  pre- 
scribed, at  his  own  expense  before  the  same  shall  be  passed. 

Sec.  96  (1920).  Net  weight  to  be  marked  on  packages  of  feeding 
stuff. — Every  lot  or  parcel  of  commercial  feeding  stuffs  sold,  offered 
or  exposed  for  sale  or  distributed  within  this  State  shall  have  printed 
thereon  or  affixed  thereto  a  tag  or  label,  in  a  conspicuous  place  on  the 
outside  thereof,  containing  a  legible  and  plainly  printed  statement 
in  the  English  language,  clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 

(b)  The  name,  brand  or  trade-mark; 

(<?)  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  placing  the  commodity  on  the  market ;     *     *     * 

Sec.  106  (1912).  Agricultural  lime. — Every  manufacturer,  company 
or  person  who  shall  sell,  offer  or  expose  for  sale  or  for  distribution 
in  this  State  any  agricultural  lime  as  defined  in  the  following  sec- 
tion of  this  subtitle,  used  as  a  fertilizer  or  land  improver,  shall  affix 
to  every  package  of  such  agricultural  lime,  in  a  conspicuous  place  on 
the  outside  thereof  a  plainly  printed  statement,  clearly  and  truly 
certifying  the  number  of  net  pounds  in  the  package  sold  or  offered 
for  sale,  the  name  of  the  manufacturer  or  shipper,  the  place  of  manu- 
facture, the  place  of  business,     *     *     * 

Ann.  Code,  1924,  Bagby,  Art.  61,  p.  2123. 

Sec.  4  (al922).  Fertilizer,  net  weight  to  be  marked.— That  every  bag, 
barrel,  or  package  of  fertilizer  must  bear  plainly  and  conspicuously 
on  the  outside  of  same,  and  every  parcel  or  lot  sold  in  bulk  must  be 
accompanied  by  a  clear  and  true  statement  in  legible  print,  in  the 
order  herein  stated,  the  following: 

The  net  weight  of  the  contents  of  the  package  or  lot  in  pounds ; 

Brand  name  or  trade  mark;     *     *     * 

Name  and  address  of  manufacturer.     *     *     * 


MARYLAND  345 

Ann.  Code,  1924,  Bagby,  Art.  89,  p.  2761. 

Sec.  150  (1922).  Operators  of  coal  mines  to  provide  scales;  main- 
tenance of  such,  scales;  record  of  coal  weighed. — The  operator  of  every 
coal  mine  where  miners  are  paid  by  weight,  shall  provide  and  here- 
after maintain  suitable  and  accurate  scales,  which  scales  shall  be 
examined,  tested,  and  kept  in  thorough  repair  by  a  competent  person 
employed  by  such  operator,  at  least  once  in  every  six  months ;  a  cor- 
rect record  shall  be  kept  of  all  coal  so  weighed,  which  record  shall  be 
open  at  all  reasonable  hours  to  the  inspection  of  miners  employed 
at  such  mine.  Such  operator  shall  keep  at  the  mine  weighhouse  such 
standard  United  States  test  weights  as  may  be  prescribed  by  the 
bureau,  for  use  in  testing  such  scales. 

Sec.  151.  Screening  of  coal  prohibited  before  weighing.— The  operator 
of  every  such  mine,  where  miners  are  paid  by  weight,  shall  not,  be- 
fore weighing  the  coal,  pass  the  same  over  any  screen  or  other  de- 
vice which  shall  take  any  part  from  the  value  thereof,  or  otherwise 
remove  any  of  the  coal ;  and  shall  duly  credit  the  just  and  merchant- 
able weight  thereof  to  the  employee  sending  the  same  to  the  surface. 

Sec.  152.  Competency  of  persons  authorized  to  weigh  coal. — The  per- 
son authorized  to  take  such  weight  and  keep  such  record  shall,  before 
entering  irpon  his  duties,  satisfy  the  district  mine  inspector  that  he 
understands  the  operation  and  adjustment  of  mine  scales;  and  shall 
before  entering  upon  his  duties  take  and  subscribe  before  a  person 
authorized  to  administer  oaths,  an  affidavit  that  he  has  not,  and  will 
not  have,  while  so  employed,  any  financial  interest,  direct  or  indi- 
rect, in  such  mine;  and  that  he  will  accurately  weigh  and  carefully 
keep  a  record  of  all  coal  weighed ;  which  affidavit  shall  be  filed  in  the 
office  of  the  clerk  of  the  circuit  court  for  the  county,  and  a  copy 
thereof  kept  conspicuously  at  the  place  of  weighing :  Provided,  That 
in  the  event  that  any  person  so  authorized  to  take  such  weight  and 
keep  such  records  shall  become  incapacitated,  the  operator  may  in 
such  emergency  appoint  some  other  person,  who  understands  the 
operation  and  adjustment  of  mine  scales,  who  may  act  in  the  place 
and  stead  of  the  person  authorized  until  such  emergency  appointee 
or  some  other  person  may  be  duly  qualified :  Provided,  That  im- 
mediate action  shall  be  taken  to  qualify  such  a  person  and  an  im- 
mediate report  of  such  emergency  action  shall  be  transmitted  to  the 
district  mine  inspector. 

Sec.  153.  Check-weiglimaster  may  be  employed;  duties. — The  miners 
employed  in  any  coal  mine  in  this  State  shall  have  power,  if  they 
desire,  of  employing  at  their  own  expense  a  check- weighmaster,  who 
shall  have  the  right  to  be  present  and  observe  the  weighing  of  coal 
by  the  weighmaster,  to  examine  and  test  the  scales,  to  inspect  records 
made  by  such  weighmaster;  and  be  subject  to  the  same  qualifications, 
oath  and  penalties  as  such  weighmaster. 

Sec.  154.  Weighmaster ;  duties. — The  weighmaster  shall  balance, 
test  and  examine  the  scales  each  morning  before  starting  to  weigh 
coal;  and  shall  accurately  weigh  and  record  the  just  net  weight  of 
such  coal,  crediting  the  employee  who  has  sent  the  same  to  the  surface 
in  tons  and  hundredweights  computing  therefor  any  majority  frac- 
tion of  a  hundredweight  as  a  whole  hundredweight,  and  omitting 


346  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

credit  of  any  fraction  of  a  hundredweight  less  than  one-half  a 
hundredweight. 

Sec.  155.  Bushel  and  ton  of  coal. — Seventy-six  pounds  avoirdupois 
shall  constitute  one  bushel  of  coal ;  and  two  thousand  pounds  avoir- 
dupois shall  constitute  one  ton  of  coal. 

Sec.  156.  Bureau  to  be  inspector  of  weights  and  measures  at  all 
mines. — The  bureau  is  hereby  made  inspector  of  weights  and  meas- 
ures at  all  mines  of  this  State,  and  all  inspectors  thereof  are  author- 
ized, empowered  and  directed,  under  regulations  of  such  bureau,  to 
conduct  frequent  inspections  of  all  scales,  measuring  instruments, 
cars,  and  containers,  and  to  determine  their  condition,  accuracy,  cor- 
rect branding,  weight,  use  and  operation,  to  assure  the  proper  use 
thereof  and  the  competency  of  any  person  authorized  to  use  them. 

Sec.  157.  Standard  measure  to  be  provided. — The  operator  of  every 
coal  mine  where" miners  are  paid  by  measurement,  shall  provide  and 
maintain  at  such  mine  a  standard  measure,  approved  by  the  bureau, 
with  which  all  cars  or  other  containers  of  coal  shall  be  checked  and 
their  respective  capacities  be  determined  and  plainly  branded 
thereon,  subject  to  approval  by  the  bureau. 

Sec.  158.  Use  of  false  or  incorrect  scale;  penalty. — Any  person  or 
persons  having  or  using  any  scale,  measure,  car,  container  or  other 
instrument  for  the  purpose  of  determining  the  amount  of  product 
and  resulting  compensation  of  any  workman  employed  in  or  about 
any  such  mine,  who  shall  knowingly  or  of  gross  negligence  so  ar- 
range, construct  or  operate  any  such  instrument  that  an  incorrect 
determination  and  compensation  may  be  reported,  or  shall  make  or 
permit  to  be  made  an  incorrect  and  fraudulent  record  and  account 
thereof,  shall  be  guilty  of  a  misdemeanor;  and  every  day  any  such 
instrument  is  so  arranged,  constructed,  or  operated  to  obtain  such 
incorrect  determination,  or  such  incorrect  and  fraudulent  record  and 
account  is  made  or  permitted  to  be  made,  shall  be  a  separate  offense. 


MASSACHUSETTS 

Gen.  Laws,  1921,  Vol.  1,  ch.  23,  p.  92. 

Sec.  1,  as  amended  by  Acts,  1921,  ch.  306,  sec.  1.  Department  of  labor 
and  industries. — There  shall  be  a  department  of  labor  and  industries, 
under  the  supervision  and  control  of  a  commissioner  of  labor  and 
industries,  in  this  chapter  called  the  commissioner,  an  assistant  com- 
missioner, who  shall  be  a  woman,  and  three  associate  commissioners, 
one  of  whom  shall  be  a  representative  of  labor  and  one  a  represent- 
ative of  employers  of  labor. 

Sec.  3,  as  amended  by  Acts,  1921,  ch.  306,  sec.  2.  Commissioner;  certain 
duties. — The  commissioner  shall  be  the  executive  and  administrative 
head  of  the  department.  He  shall  have  charge  of  the  administration 
and  enforcement  of  all  laws,  rules  and  regulations  which  it  is  the 
duty  of  the  department  to  administer  and  enforce,  and  shall  direct 
all  inspections  and  investigations  except  as  otherwise  provided.  He 
shall  organize. in  the  department  a  division  of  standards  and  such 
other  divisions  as  he  may  from  time  to  time  determine,  and  may 
assign  the  officers  and  employees  of  the  department  thereto.  He 
shall  prepare  for  the  consideration  of  the  assistant  commissioner 
and  the  associate  commissioners  rules  and  regulations  for  the  con- 
duct of  the  department  and  all  other  rules  and  regulations  which  the 
department  is  authorized  by  law  to  make,  and  they  shall,  except  as 
otherwise  provided,  take  effect  when  approved  by  the  associate  com- 
missioners and  the  assistant  commissioner,  or  upon  such  date  as 
they  determine.  The  commissioner  may  designate  the  assistant  com- 
missioner or  an  associate  commissioner  to  discharge  the  duties  of 
the  commissioner  during  his  absence  or  disability. 

Sec.  4,  as  amended  by  Acts,  1924,  ch.  119,  p.  78.  Directors;  other 
appointees. — The  commissioner,  assistant  commissioner  and  associate 
commissioners  ma}',  with  the  approval  of  the  governor  and  council, 
appoint,  and  fix  the  salaries  of,  not  more  than  five  directors,  and 
may,  with  like  approval,  remove  them.  One  of  them,  to  be  known 
as  the  director  of  standards,  shall  have  charge  of  the  division  of 
standards,  and  each  of  the  others  shall  be  assigned  to  take  charge  of 
a  division.     *     *     * 

Sec.  5  (al919).  Certain  requirements  as  to  officers  and  employees. — 
All  directors,  inspectors  and  other  permanent  employees  of  the  de- 
partment shall  devote  their  whole  time  to  the  affairs  of  the  depart- 
ment; and  all  directors  and  inspectors  and  such  other  employees 
as  may  be  designated  by  the  commissioner  shall,  before  entering  upon 
their  duties,  be  sworn  to  the  faithful  performance  thereof.  The 
number  of  inspectors  heretofore  authorized  by  law  may  be  increased 
only  with  the  approval  of  the  governor  and  council.  The  commis- 
sioner, assistant  commissioner  and  associate  commissioners  shall 
determine  from  time  to  time  how  many  of  the  inspectors  employed 
shall  be  women. 

347 


348  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  8  (1919).  Duties  of  the  director  of  standards. — The  director  of 
standards  shall,  in  addition  to  the  powers  and  duties  conferred  and 
imposed  upon  him  by  law,  perform  such  other  duties  as  may  be 
assigned  to  him  by  the  commissioner. 

Sec.  9,  as  amended  by  Acts,  1924,  ch.  259,  p.  242.  Inspectors  of  stand- 
ards.— Inspectors  of  standards  appointed  under  section  four  shall 
give  bond  for  the  faithful  performance  of  their  duties. 

Gen.  Laws,  1921,  Vol.  1,  ch.  98,  p.  959. 

Sec.  1  (al919).  Definitions. — In  this  chapter  the  following  words, 
unless  a  different  meaning  is  required  by  the  context  or  is  specifically 
prescribed,  shall  have  the  following  meanings: 

"  Director,"  director  of  standards  of  the  department  of  labor  and 
industries. 

"  Deputy,"  deputy  sealer  of  weights  and  measures. 

"Inspector,"  inspector  of  standards. 

"  Sealer,"  sealer  of  weights  and  measures. 

"Weighing  or  measuring  device,"  all  weights,  measures,  scales, 
balance  beams,  vibrating  steelyards,  and  weighing  or  measuring  de- 
vices used  for  weighing  or  measuring  any  commodity  bought,  sold 
or  exchanged  or  for  hire  or  reward,  computing  scales  and  other  de- 
vices having  a  device  for  indicating  or  registering  the  price  as  well 
as  the  weight  or  measure  of  a  commodity  offered  for  sale,  taximeters 
and  other  forms  of  measuring  devices  used  upon  vehicles  for  de- 
termining the  cost  of  transportation;  and  all  machines  and  other 
forms  of  measuring  devices  used  or  intended  to  be  used  for  de- 
termining the  measurement  of  leather  bought,  sold  or  offered  for 
sale. 

Sec.  2  (1894).  Kelation  of  avoirdupois  to  troy  pound. — The  avoir- 
dupois pound  shall  bear  to  the  troy  pound  the  relation  of  seven 
thousand  to  five  thousand  seven  hundred  and  sixty.  The  hundred- 
weight shall  contain  one  hundred  avoirdupois  pounds,  and  the  ton 
twenty  hundredweight. 

Sec.  3  (a!920).  State  standards. — The  following  weighing  and  meas- 
uring devices  now  in  the  custody  of  the  director  shall  be  the  sole 
authorized  standards,  except  as  provided  in  sections  four,  nine  and 
ten  of  this  chapter,  and  in  section  one  of  chapter  ninety-nine,  and 
with  the  standards  supplied  under  authority  of  said  sections  shall 
be  called  the  State  standards:  A  set  of  dry  measures  consisting  of 
one  half-bushel,  eight,  four,  two  and  one  quarts,  one  pint  and  one 
half -pint ;  a  set  of  liquid  measures  consisting  of  one  gallon,  two  and 
one  quarts,  one  pint,  two  and  one  gills;  a  set  of  apothecaries'  liquid 
measures  consisting  of  one  gallon,  four,  two  and  one  pints,  twelve, 
eight,  six,  four,  three,  two  and  one  ounces,  four,  two  and  one  drams, 
ten  and  five  minims;  a  set  of  avoirdupois  weights  consisting  of 
fifty,  twenty-five,  twenty,  ten,  five,  four,  three,  two  and  one  pounds, 
eight,  six,  four,  three,  two  and  one  ounces,  eight,  six,  four,  three,  two 
and  one  drams;  a  set  of  troy  weights  consisting  of  five  thousand, 
three  thousand,  two  thousand,  one  thousand,  five  hundred,  three  hun- 
dred, two  hundred,  one  hundred,  fifty,  thirty,  twenty,  ten,  five,  three, 
two  and  one  pennyweights,  ten,  six,  five,  four,  three,  two  and  one 
grains,  one  half  a  grain s  t%*?ys,  ten,  six,  five,  four,  three,  two,  and 


MASSACHUSETTS  349 

one  ounces,  five  tenths,  four  tenths,  three  tenths,  two  tenths,  one 
tenth,  five  one-hundredths,  four  one-hundredths,  three  one-hun- 
dredths,  two  one-hundredths,  one  one-hundredth,  five  one-thou- 
sandths, four  one-thousandths,  three  one-thousandths,  two  one- 
thousandths,  one  one-thousandth,  five  ten-thousandths,  four  ten- 
thousandths,  three  ten-thousandths,  two  ten-thousandths,  and  one 
ten-thousandth  of  an  ounce ;  a  set  of  apothecaries'  weights  consisting 
of  twelve,  six,  two  and  one  ounces,  four,  two  and  one  drams,  two 
and  one  scruples,  ten,  five,  four,  three,  two  and  one  grains,  one  half, 
one  quarter  and  one  tenth  grains;  a  yard  measure  and  three  sets 
of  balances. 

Such  standards  shall  be  kept  by  the  director,  and  he  shall,  at 
least  once  in  five  years,  cause  them  to  be  compared  with  the  stand- 
ards of  the  United  States  Government,  and,  if  necessary,  corrected 
to  agree  therewith. 

See.  4.  Weights,  etc.,  to  be  replaced,  when;  additional  State  stand- 
ards.— The  State  standards  shall  also  include  all  weighing  and 
measuring  devices  received  from  the  United  States  under  the  resolu- 
tion of  Congress  approved  June  fourteenth,  eighteen  hundred  and 
thirty-six,  and  all  other  weighing  and  measuring  devices  received 
from  the  United  States  as  standard  weights  and  measures,  and  such 
as  have  been  or  shall  be  supplied  by  the  Commonwealth  and  certified 
by  the  National  Bureau  of  Standards.  Weighing  and  measuring 
devices  procured  to  replace  the  standards  shall  be  preserved  in  the 
same  form  and  of  the  same  dimensions  as  required  of  said  standards, 
and  the  denominations  thereof  shall  be  marked  thereon. 

Sec.  5.  Municipal  standards. — Towns  shall  keep  the  following  stand- 
ard weights,  measures  and  balances :  A  set  of  avoirdupois  weights 
consisting  of  fifty,  twenty-five,  twenty,  ten,  five,  four,  two  and  one 
pounds,  and  eight,  four,  two,  one,  one  half,  one  quarter,  one 
eighth  and  one  sixteenth  ounces ;  a  set  of  dry  measures  consisting  of 
one  half -bushel,  one  eight-quart,  one  four-quart,  one  two-quart,  one 
one-quart,  one  pint  and  one  half -pint;  a  set  of  liquid  measures  con- 
sisting of  one  gallon,  one  half-gallon,  one  quart,  one  pint,  one  half- 
pint  and  one  gill;  one  balance;  one  yard  measure;  and  each  town 
hereafter  incorporated  shall  be  furnished  by  the  director  with  a 
complete  set  of  the  foregoing  standards.  Each  city  and  each  shire 
town  shall  keep  the  meter  and  kilogram  and  the  standard  troy 
weights  designated  by  the  director. 

Sec.  6  (al909).  Safe  keeping  of  town  standards. — Town  treasurers 
shall,  at  the  expense  of  the  towns,  provide  therein  accessible  places 
for  the  safe  and  suitable  keeping  and  preservation  of  the  standards 
furnished  by  the  Commonwealth,  which  shall  be  used  only  as  stand- 
ards. The  treasurer  shall  have  the  care  and  oversight  thereof ;  shall 
see  that  they  are  kept  in  good  order  and  repair ;  and  if  any  are  lost, 
destroyed  or  irreparably  damaged,  shall,  at  the  expense  of  the  town, 
replace  them  by  similar  standards.  Towns  may  effect  insurance  on 
such  standards  for  their  own  benefit. 

Sec.  7  (al897).  Penalty  for  neglect  of  town  treasurer. — Every  such 
treasurer  who  neglects  to  provide  a  suitable  place  for  keeping  such 
standards,  or  to  keep  them  in  good  order  and  repair,  or  who  suffers 
any  of  them  through  his  neglect  to  be  lost,  damaged  or  destroyed, 
shall  forfeit  two  hundred  dollars. 


350  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  8  (al816).  Vibrating  steelyards. — Vibrating  steelyards  may  be 
used  if  each  beam  and  the  poises  thereof  are  annually  tried,  proved 
and  sealed  by  a  sealer  or  deputy. 

Sec.  9  (1917).  State  clinical  standard  thermometer. — A  clinical  stand- 
ard thermometer  supplied  by  the  Commonwealth  and  certified  by  the 
National  Bureau  of  Standards  for  use  by  the  Commonwealth,  shall 
be  the  State  clinical  standard  thermometer.  Nothing  in  the  five 
following  sections  shall  be  construed  as  adopting  or  authorizing  the 
adoption  of  any  particular  scale  as  the  thermometer  standard  for 
this  Commonwealth. 

Sec.  10  (al919).  Office  clinical  standard  thermometer. — The  Common- 
wealth shall  also  supply  additional  clinical  standard  thermometers 
necessary  to  carry  out  sections  nine  to  fourteen,  inclusive,  to  be 
known  as  office  clinical  standards.  Such  thermometers  shall  be  veri- 
fied by  the  director  upon  their  receipt  and  at  least  once  in  each  six 
months  thereafter,  by  direct  comparison  with  the  State  clinical 
standard  thermometer.  The  office  clinical  standards  may  be  used  in 
making  comparisons  of  clinical  thermometers  under  test. 

Sec.  11.  Tolerances,  etc.,  for  clinical  thermometers. — The  director 
shall  promulgate  tolerances  and  specifications  for  clinical  thermom- 
eters. A  correct  clinical  thermometer  shall  be  one  conforming  to 
the  standard  established  as  provided  in  section  nine  and  to  specifica- 
tions promulgated  under  this  section,  within  such  tolerances. 

Sec.  12  (al921).  Testing  of  clinical  thermometers. — The  director  may 
at  any  time  inspect  and  test  any  clinical  thermometer  in  the  posses- 
sion of  any  manufacturer  or  dealer  in  this  Commonwealth  and 
for  this  purpose  may  remove  the  same  to  such  place  as  he  may  deem 
most  convenient.  Whenever  he  inspects  and  tests  such  a  thermometer 
and  finds  it  to  be  correct  he  shall  seal,  mark  or  otherwise  certify 
it  as  correct.  Whenever  he  inspects  and  tests  such  a  thermometer 
and  finds  it  to  be  incorrect  he  may  condemn,  seize  and  destroy  it; 
or  he  may  return  it  to  the  owner  upon  a  satisfactory  guarantee  that 
it  will  not  be  sold  or  used.  The  following  fees  for  testing  clinical 
thermometers  shall  be  paid  to  the  director  for  the  use  of  the  Common- 
wealth :  (a)  One  to  eight  thermometers,  inclusive,  twenty-five  cents 
for  the  first  and  ten  cents  for  each  additional  one;  (b)  any  number 
from  nine  to  eleven,  inclusive,  total  fee  one  dollar;  (c)  one  dozen  to 
six  dozen,  inclusive,  one  dollar  per  dozen;  (d)  more  than  six  dozen 
and  not  more  than  twelve  dozen,  seventy-five  cents  per  dozen;  (e) 
more  than  twelve  dozen,  sixty  cents  per  dozen. 

Sec.  13.  Sealing  by  manufacturer. — The  director  shall  prescribe  rules 
and  regulations  governing  the  manufacture  and  sale  of  clinical 
thermometers  and  may  authorize  the  sealing  ol  such  thermometers 
by  any  manufacturer  thereof  upon  his  agreement  to  conform  to  said 
rules  and  regulations  and  the  filing  of  a  surety  bond  in  such  sum 
and  upon  such  terms  as  the  director  may  require.  When  repre- 
sentative samples  of  any  clinical  thermometer  have  been  submitted 
by  the  manufacturer  to  the  director  and  approved  by  him,  he  shall 
assign  a  designating  mark  which  shall  thereafter  be  permanently 
engraved  by  the  manufacturer  upon  all  clinical  thermometers  which 
are  intended  for  sale  and  which  conform  to  the  samples  which  have 
been  so  approved.  Clinical  thermometers  sealed  by  the  manufac- 
turer shall  be  marked  with  the  name,  initials  or  trade  mark  of  the 


MASSACHUSETTS  351 

manufacturer,  and  with  such  other  marks  as  the  director  may 
authorize  or  require.  The  director  may  revoke  the  authority  given 
by  him  to  any  manufacturer  under  the  provisions  of  this  section  upon 
proof  that  the  authorized  seal  or  designating  mark  has  been  affixed 
to  a  thermometer  not  conforming  to  the  approved  sample  or  that  the 
prescribed  rules  and  regulations  have  not  been  complied  with. 

Sec.  14.  Penalty  for  sale  of  unsealed,  etc.,  clinical  thermometers. — 
Whoever,  himself  or  by  his  servant  or  agent,  or  as  the  servant  or 
agent  of  another  person,  keeps  for  the  purpose  of  sale,  offers  or 
exposes  for  sale,  or  sells  any  clinical  thermometer  not  sealed,  marked 
or  certified  as  correct  by  the  director,  or  by  the  manufacturer  as  pro- 
vided by  the  preceding  section,  shall  be  punished  by  a  fine  of  not 
more  than  ten  dollars  for  each  thermometer  so  sold,  or  kept,  offered 
or  exposed  for  sale,  and  whoever  violates  any  rule  or  regulation  pre- 
scribed by  the  director  under  authority  of  said  section  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  15  (al920).  Sealing  of  glass  milk  bottles  or  jars. — Glass  bottles 
or  jars  used  for  the  distribution  of  milk  or  cream  to  consumers,  and 
holding,  when  filled  to  a  level  with  the  bottom  of  the  cap  or  stopple 
or  other  definite  filling  point,  not  less  than  three  ounces  and  seven 
drams  and  not  over  four  ounces  and  two  drams ;  not  less  than  seven 
ounces  and  six  drams  and  not  over  eight  ounces  and  two  drams; 
not  less  than  fifteen  ounces  and  five  drams  and  not  over  sixteen 
ounces  and  four  drams;  not  less  than  thirty-one  ounces  and  four 
drams  and  not  over  thirty-two  ounces  and  four  drams ;  not  less  than 
forty-seven  ounces  and  three  drams  and  not  over  forty-eight  ounces 
and  five  drams ;  not  less  than  sixty-three  ounces  and  two  drams  and 
not  over  sixty- four  ounces  and  six  drams,  shall  be  sealed  as  measures 
under  section  forty-one  or  by  the  manufacturer.  Dealers  in  milk 
or  cream  using  glass  bottles  or  jars  for  the  distribution  of  milk  or 
cream  to  consumers,  not  sealed  by  the  manufacturer,  shall  bring 
them  into  the  office  of  the  sealer  in  their  town,  to  be  sealed ;  but  no 
fee  shall  be  charged  or  received  for  sealing  them.  If  a  bottle  or  jar 
has  once  been  sealed  by  a  sealer  or  manufacturer,  it  need  not  be 
sealed  again  while  used  for  the  distribution  of  milk  or  cream  to 
consumers.  Glass  bottles  or  jars  sealed  hereunder  shall  be  legal 
measures  only  for  the  distribution  of  milk  or  cream  to  consumers. 
Bottles  or  jars  sealed  by  the  manufacturer  shall  be  marked  with  his 
name,  initials,  or  trade  mark,  and  by  any  other  mark  required  by  the 
director.  The  sealing  of  such  bottles  or  jars  by  the  manufacturer 
shall  not  affect  any  law  relating  to  the  giving  of  false  measure  or 
the  using,  or  having  in  possession,  of  false  measures  with  intent  to 
use  the  same.  The  director,  on  approval  by  the  commissioner  of 
labor  and  industries  may  revoke  the  authority  given  by  him  to  any 
manufacturer  under  this  section,  on  proof  that  the  authorized  seal 
or  designating  mark  has  been  affixed  to  any  bottle  or  jar  not  con- 
forming to  the  respective  capacities  provided  for  in  this  section. 

Sec.  16  (1910)'.  Sealing  of  paper  or  fibre  milk  bottles. — Paper  or  fibre 
bottles  and  jars  used  for  the  distribution  of  milk  or  cream  to  con- 
sumers, and  holding,  when  filled  to  a  level  with  the  bottom  of  the 
cap  or  stopple,  not  less  than  eight,  sixteen,  thirty-two,  forty-eight 
or  sixty-four  ounces,  shall  be  sealed  as  measures  under  section  forty- 

517—26 23 


352  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

one  or  fifty-one,  or  by  the  manufacturer  in  the  manner  provided  in 
the  preceding  section,  and  when  so  sealed  may  be  used  as  provided 
by  law  for  glass  milk  jars  and  bottles.  Every  such  bottle  or  jar 
shall  have  plainly  stamped  upon  it  by  the  manufacturer  the  words : 
"  Penalty  for  re-use,  twenty-five  dollars." 

Sec.  17.  Penalty  for  re-use  of  such  bottles. — Whoever  re-uses  any 
such  paper  or  fibre  bottle  or  jar  for  distributing  milk,  cream  or  other 
liquid  used  for  food  after  such  bottle  or  jar  has  been  once  used  there- 
for, shall  be  punished  by  a  fine  of  not  more  than  twenty-five  dollars. 

Sec.  18  (al921).  Testing  of  milk  containers. — All  cans  or  containers 
sold  for  use  in  the  purchase  or  sale  of  milk  or  cream  at  wholesale 
shall  have  their  capacity  plainly,  conspicuously  and  indelibly  marked 
thereon  in  terms  of  liquid  quarts.  They  shall  be  sealed  by  the  manu- 
facturer thereof,  as  hereinafter  provided,  or  by  a  sealer  of  the  town 
where  the  user  resides  or  has  a  usual  place  of  business.  The  director 
shall  prescribe  regulations  governing  the  sealing  of  such  cans  or 
containers  by  the  manufacturer  and  may  authorize  such  sealing  by 
any  manufacturer  upon  his  agreement  to  conform  to  said  regulations. 
The  director  may  at  any  time,  for  cause,  revoke  the  authority  so  given 
by  him  to  any  manufacturer.  When  sealed  by  the  manufacturer,  such 
cans  or  containers  shall  be  marked  with  his  name,  initials  or  trade- 
mark and  with  any  other  designating  marks  which  the  director  may 
require.  The  sealing  of  such  containers  by  the  manufacturer  shall 
not  exempt  the  user  from  the  laws  relative  to  giving  a  false  or  in- 
sufficient measure,  using  a  false  measure,  or  having  the  same  in  pos- 
session with  intent  to  use.  Sealers  of  the  town  where  the  user  resides 
or  has  a  usual  place  of  business  shall  at  least  annually  inspect  all 
cans  or  containers  marked  and  sealed  in  accordance  with  this  section 
and  shall  make  a  record  of  such  inspections.  When  once  sealed  as 
herein  required,  a  can  or  container  need  not  again  be  sealed  while  in 
the  same  condition  as  when  first  sealed. 

Sec.  19.  Penalty. — Whoever,  by  himself  or  by  his  servant  or  agent, 
or  as  the  servant  or  agent  of  another  person,  sells  any  can  or  con- 
tainer to  be  used  in  the  purchase  or  sale  of  milk  or  cream  at  wholesale 
that  is  not  marked  and  sealed  as  required  by  the  preceding  section, 
shall  be  punished  by  a  fine  not  exceeding  ten  dollars  for  each  can  or 
container  so  sold.  Whoever,  by  himself  or  by  his  servant  or  agent, 
or  as  the  servant  or  agent  of  another  person,  uses  any  can  or  con- 
tainer in  the  purchase  or  sale  of  milk  or  cream  at  wholesale  that  is 
not  marked  and  sealed  as  required  by  the  preceding  section,  shall  be 
punished  by  a  fine  not  exceeding  ten  dollars  for  each  offence.  The 
director,  inspectors  and  sealers  shall  enforce  the  provisions  of  this 
and  the  preceding  section. 

Sec.  20  (1920).  Containers  for  sale  of  ice  cream  to  be  sealed  by  manu- 
facturer, etc. — All  cans,  moulds  or  other  containers  used  in  the  sale 
of  ice  cream  by  measure  shall  be  of  the  capacity  of  Massachusetts 
standard  liquid  measure.  Such  cans,  moulds  or  other  containers 
shall  be  sealed,  as  hereinafter  provided,  by  the  manufacturer  thereof, 
or  by  a  sealer,  and  shall  not  be  legal  measures  except  for  ice  cream. 
When  sealed  by  the  manufacturer,  such  containers  shall  be  marked 
with  his  name,  initials  or  trade  mark.  They  may  also  be  marked 
with  any  other  designating  mark  assigned  to  him  by  the  director; 
provided,  that  he  has  agreed  to  conform  to  the  regulations  made 
by  the  director  relative  thereto.    When  such  containers  have  not  been 


MASSACHUSETTS  353 

sealed  by  the  manufacturer,  they  shall  be  sealed,  before  they  are 
used,  by  a  sealer,  and  the  dealer  who  intends  to  use  them  shall  bring 
such  containers  to  the  office  of  such  sealer  for  that  purpose,  but  no 
fee  shall  be  charged  for  sealing  them.  The  sealing  of  such  containers 
by  the  manufacturer  shall  not  be  held  to  exempt  the  user  from 
the  laws  relating  to  the  giving  of  false  or  insufficient  measure,  or  the 
using  of  a  false  measure,  or  having  in  his  possession  a  false  measure 
with  intent  to  use. 

Sec.  21.  Sealers  to  inspect  semiannually. — Sealers  shall  inspect  at 
least  semiannually  all  cans,  moulds  or  other  containers  sealed  in 
accordance  with  the  preceding  section,  and  shall  make  a  record  of 
such  inspection.  If  a  container  has  once  been  sealed  as  aforesaid, 
it  shall  not  be  necessary  to  have  it  sealed  again  while  it  is  used  for 
the  sale  of  ice  cream  as  long  as  it  remains  in  the  same  condition  as 
when  first  sealed. 

Sec.  22  (al921).  Regulation  of  containers.— Paper  or  fibre  cartons 
which  are  used  for  the  sale  by  measure  of  viscous  or  semi-solid  com- 
modities or  mixtures  of  solids  and  liquids  shall  contain  and  shall 
be  sold  as  containing  one  quart,  one  pint,  one  half  pint  or  one  gill, 
Massachusetts  standard  liquid  measure.  Such  cartons  shall  be  of 
such  shape  and  dimensions  as  may  be  approved  by  the  director. 
Whenever  the  shape  and  dimensions  of  any  such  carton  have  been 
so  approved,  the  director  may  authorize  the  manufacturer  to  have 
printed  thereon  a  statement  of  its  capacity  in  terms  of  Massachusetts 
standard  liquid  measure,  with  the  words  "Approved  by  the  director 
of  standards  for  Massachusetts,"  and  with  such  other  marking  as 
the  director  may  require.  Such  cartons  shall  be  legal  measure  only 
for  such  commodities  as  may  be  designated  by  the  director  and  shall 
be  exempt  from  the  laws  requiring  the  sealing  of  measures. 

Sec.  23  (1920).  Test  of  containers  by  the  director  or  a  sealer. — A 
sealer  or  deputy  of  any  city  or  town  or  the  director  or  an  inspector 
may,  if  he  so  desires,  and  shall,  upon  complaint,  test  the  capacity 
of  any  container  which  is  used  or  intended  to  be  used  as  a  measure 
under  sections  twenty  to  twenty-four,  inclusive;  and  if  the  same 
does  not  conform  to  the  law,  he  shall  seize  it  and  enter  complaint. 
The  director  may,  at  any  time,  for  due  cause,  revoke  any  authority 
or  permit  granted  by  him  to  any  manufacturer  under  said  sections. 

Sec.  24.  Penalty  for  unauthorized  marking. — Whoever  violates  any 
provision  of  sections  twenty  to  twenty-three,  inclusive,  and  whoever 
marks  a  container  or  other  measure,  or  procures  the  same  to  be 
marked  or  has  printed  thereon  or  procures  to  have  marked  or  printed 
thereon,  a  mark,  number  or  designation  without  the  approval  or 
authority  of  the  director,  except  as  provided  in  section  twenty,  shall 
be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  25  (al920) .  Weighing  or  measuring  devices  to  be  marked  "  Con- 
demned," when. — All  weighing  or  measuring  devices  which  can  not 
be  made  to  conform  to  the  standard  shall  be  stamped,  marked  or 
labelled  "  Condemned "  or  "  CD "  by  the  sealer.  Weighing  or 
measuring  devices  in  possession  of  a  merchant  or  vendor  not  used 
for  buying  or  selling,  or  for  weighing  and  measuring  for  hire  or 
reward  shall  be  plainly  marked  by  the  sealer  with  a  notice  that  such 
articles  have  not  been  sealed  under  this  chapter.  Whoever  re- 
moves said  notice  without  the  consent  of  the  person  affixing  the 
same  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 


354  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  26.  Penalty  for  using,  etc.,  false  weights  and  measures. — Whoever 
uses,  or  has  in  possession  with  intent  to  use,  a  false  or  condemned 
weighing  or  measuring  device  for  weighing  or  measuring  any  com- 
modity bought,  sold  or  exchanged,  or  for  hire  or  reward,  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars.  The  possession 
of  such  weighing  or  measuring  device  shall  be  prima  facie  evidence 
of  intention  to  use  it  in  violation  of  law. 

Sec.  27  (al897).  Penalty  for  using  unsealed  weights. — Whoever  sells 
or,  if  by  the  custom  of  trade  such  weighing  or  measuring  devices  are 
provided  by  the  buyer,  buys,  by  any  weighing  or  measuring  device 
which  has  not  been  sealed  according  to  law  shall  forfeit  not  more 
than  twenty  dollars  to  the  use  of  the  person  suing  therefor. 

Sec.  28  (al878).  Value  of  goods  sold  by  unsealed  weights  may  be 
recovered. — A  seller  may  recover  the  fair  market  value  of  goods, 
wares  or  merchandise  sold,  if  they  were,  for  the  purpose  of  the  sale, 
weighed  or  measured  upon  weighing  or  measuring  devices  not 
sealed  according  to  law,  or  weighed  or  measured  by  a  person  not 
a  sworn  weigher,  measurer  or  surveyor,  or  by  a  person  not  author- 
ized by  law  to  weigh  or  measure  the  same,  if  such  sale  is  made  in 
good  faith  and  the  purchaser  is  not  injured  thereby. 

Sec.  29,  as  amended  by  Laws,  1925,  ch.  72,  p.  54.  Use  of  weighing  and 
measuring  devices ;  measurement  of  shingles ;  approval  of  type  of  weigh- 
ing cr  measuring  device. — The  director  shall  enforce  the  laws  relating 
to  the  use  of  weighing  and  measuring  devices  and  the  giving  of 
false  or  insufficient  weight  or  measure  and  shall  keep  a  detailed 
record  of  his  work  in  connection  therewith.  He  shall  also  from 
time  to  time  establish  units  of  measurement  to  be  observed  in  the 
sale  of  wooden  shingles  in  the  commonwealth.  He  may  also,  if 
he  deems  it  desirable,  and  shall,  upon  request  of  the  manufacturer 
of  any  weighing  or  measuring  device  or  of  any  sealer  of  weights 
and  measures,  examine  such  device  to  determine  whether  or  not  its 
construction  is  such  as  to  insure  reasonably  permanent  accuracy 
and  whether  or  not  it  may  be  used  to  facilitate  the  perpetration 
of  fraud,  approving  or  disapproving  it  accordingly.  When  any 
weighing  or  measuring  device  has  been  so  approved  or  disapproved 
by  him,  he  shall  notify  all  sealers  of  weights  and  measures,  who 
shall  thereafter  act  in  accordance  with  such  approval  or  disapproval 
when  devices  of  that  type  are  submitted  to  them  for  test. 

Sec.  30  (al919).  Certain  powers  of  inspectors. — The  inspectors  shall 
aid  the  director  in  the  performance  of  his  duties  and  shall  have  all 
necessary  powers  therefor. 

Sec.  31.  Director,  etc.,  to  have  a  seal,  etc. — The  director  and  town 
and  district  sealers  shall  keep  seals  for  their  use.  The  seal  of  the  di- 
rector shall  bear  the  letters  "  C.  M."  and  those  of  the  sealers  shall  be 
of  a  type  approved  by  the  director.  Any  sealer  neglecting  to  keep 
such  a  seal  shall  forfeit  not  more  than  twenty  dollars,  and  whoever, 
without  being  duly  authorized  thereto,  impersonates  a  sealer  or 
deputy  by  the  use  of  a  seal  or  otherwise,  or  has  in  his  possession 
an  imitation  or  counterfeit  of  the  seal  used  by  a  sealer  or  deputy 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  32.  Director  to  test  local  standards,  etc. — At  least  once  in  three 
years,  the  standards  of  apothecaries'  weights  and  of  apothecaries' 
liquid  measures  in  the  custody  of  town  treasurers  and  at  least  once 


MASSACHUSETTS  355 

in  ten  years,  or  oftener  if  the  director  deems  it  necessary,  the  other 
standard  weights,  measures  and  balances  of  each  town  shall  be  tested, 
adjusted  and  sealed  or  certified  under  his  direction.  He  shall  also 
see  that  such  standards  are  kept  in  good  order  and  condition,  and 
may  at  any  time,  and  shall  on  request  of  a  town  treasurer,  cause  an 
inspection  of  the  standards  to  be  made.  The  director  and  his  in- 
spectors may  also  inspect  any  weighing  or  measuring  devices  used 
for  buying,  selling  or  exchanging  goods,  wares,  merchandise  or  other 
commodity,  or  for  public  weighing  in  a  town,  and,  if  found  in- 
accurate, shall  forthwith  inform  the  mayor  or  selectmen,  who  shall 
cause  the  law  relating  thereto  to  be  enforced.  If  the  director  or  an 
inspector  discovers  a  violation  of  law,  he  may  make  and  prosecute 
a  complaint  and  shall  have  therefor  the  same  statutory  powers  rela- 
tive to  the  enforcement  of  laws  pertaining  to  weights  and  measures 
as  are  vested  in  local  sealers.  Whoever  hinders,  obstructs  or  in 
any  wa}T  interferes  with  him  in  the  performance  of  duty  hereunder 
shall  be  punished  by  a  fine  of  not  more  than  three  hundred  dollars, 
or  by  imprisonment  for  not  more  than  two  months.  Every  treasurer 
neglecting  to  have  the  standards  in  his  care  sealed  as  provided  in 
this  section  shall  forfeit  not  more  than  fifty  dollars. 

Sec.  33.  Testing  of  weighing  and  measuring  devices  used  in  State 
institutions,  etc. — The  director  or  his  inspectors  under  his  direction, 
shall  at  least  once  in  each  year  test  all  weighing  and  measuring 
devices  used  in  checking  the  receipt  or  disbursements  of  supplies  in 
each  State  institution  or  department,  and  shall  mark  them  in  ac- 
cordance with  the  results  of  such  tests.  He  shall  report  in  writing 
his  findings  to  the  executive  officers  of  the  institution  or  department ; 
and  at  their  request  shall  appoint  in  writing  one  or  more  employees, 
then  in  the  actual  service  of  such  institution  or  department,  as  special 
deputies  to  check  the  receipt  or  disbursement  of  supplies. 

Sec.  34  (al920).  Appointment  of  sealers  and  deputy  sealers  in  cities 
and  large  towns. — Subject  to  chapter  thirty-one,  the  mayor  of  each 
city  and  the  selectmen  of  each  town  of  over  ten  thousand  inhabitants 
shall  appoint  a  sealer,  and  may  appoint  one  or  more  deputies  to 
act  under  the  direction  of  the  sealer.  The  sealer  and  deputies  shall 
enforce  the  law  pertaining  to  weighing  and  measuring  devices  and 
to  the  giving  of  false  or  insufficient  weight  or  measure.  Sealers 
and  deputies  appointed  hereunder  shall  receive  a  salary  to  be  deter- 
mined by  the  board,  officer  or  body  authorized  to  determine  salaries 
in  their  respective  cities  and  towns,  and  shall  also  receive  an  addi- 
tional allowance  for  transportation  and  other  necessary  expenses. 
They  shall  account  for  and  pay  into  their  city  or  town  treasuries 
monthly  all  fees  received  and  shall  make  an  annual  report  to  the 
appointing  board  or  officer,  and  to  the  director  as  provided  by  sec- 
tion thirty-seven. 

Sec.  35.  Sealer  to  be  appointed  annually  in  small  towns. — The  select- 
men of  towns  of  less  than  ten  thousand  inhabitants  shall  annually 
appoint  a  sealer  and  may  appoint  one  or  more  deputies  to  act  under 
his  direction.  Such  sealers  and  deputies  shall  have  the  same  powers 
and  duties  as  sealers  and  deputies  appointed  under  the  preceeding 
section  and  shall  receive  such  compensation  as  may  be  determined  by 
the  selectmen  and  an  additional  allowance  for  transportation  and 
other  necessary  expenses.  The  selectmen  may  at  any  time  remove 
such  sealers  or  deputies  and  appoint  other  in  their  places. 


356  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  36  (al919).  Appointment  of  district  sealers,  etc. — Two  or  more 
towns,  or  one  city  and  one  or  more  towns,  may  combine  the  whole  or 
any  part  of  their  respective  territories  as  may  be  agreed  upon  by  the 
boards  or  officers  having  the  appointing  power  in  such  cities  or  towns 
into  a  district  with  one  district  sealer  and  one  set  of  standards.  He 
shall  have  the  powers  of  and  perform  the  duties  of  sealers  under  the 
direction  of  the  director  within  the  district.  Each  such  sealer  shall 
forthwith  on  his  appointment  give  bond,  with  sureties  approved  by 
the  appointing  power,  for  the  faithful  performance  of  his  duties,  for 
the  safety  of  the  standards,  working  equipment,  records,  and  other 
things  committed  to  him,  and  for  their  surrender  to  his  successor  or 
to  any  person  duly  appointed  to  receive  them.  He  shall  be  paid  a 
salary  determined  by  the  appointing  power  and  shall  be  provided  by 
them  with  necessary  standards  and  working  equipment,  and  shall  be 
allowed  necessary  sums  for  transportation  and  other  expenses.  Each 
such  sealer  shall  keep  a  complete  record  of  all  his  official  acts  and 
shall  make  an  annual  report  to  the  director  as  provided  by  the  follow- 
ing section  and  to  each  city  or  town  in  his  district.  He  shall  account 
for  and  pay  into  the  treasury  of  each  city  or  town  monthly  all  fees 
received  by  virtue  of  his  office  in  such  city  or  town. 

Sec.  37  (al920).  Sealers  to  report  to  director. — Each  sealer  shall 
annually,  between  the  first  and  tenth  days  of  December,  report  to  the 
director  the  weighing  and  measuring  devices  tested,  sealed  or  con- 
demned by  him,  with  an  inventory  of  standards  and  working  ap- 
paratus in  possession  of  his  town  or  district,  and  other  information 
required  by  the  director. 

Sec.  38  (al919).  Sealer  to  be  provided  with  duplicate  sets  of  apothe- 
caries' weights,  etc. — Sealers  shall,  upon  request  to  the  director,  be 
provided,  at  the  expense  of  their  towns,  with  duplicate  sets  of  apoth- 
ecaries' weights  and  apothecaries'  liquid  measures  described  in  section 
three,  to  be  used  as  standards  in  the  towns  where  they  are  kept. 

Sec.  39  (al914) .  Sealers  accountable  to  towns  for  standards  received. — 
Except  as  otherwise  provided  in  section  thirty-six  each  sealer  shall 
receive  from  his  town  treasurer  a  set  of  standards  and  a  seal,  and 
shall  give  a  receipt  therefor,  stating  their  condition  when  received; 
and  shall  be  accountable  to  such  town  for  the  preservation  thereof 
in  like  condition  until  returned  to  the  treasurer. 

Sec.  40  (al920).  Sealer  to  have  duplicate  sets  of  weights. — A  sealer 
or  deputy  visiting  the  place  of  business  of  a  person  to  test  and  seal 
weighing  or  measuring  devices  may  use  therefor  suitable  weights, 
measures  and  balances;  and  each  town  and  district  shall  furnish 
its  sealer  with  one  or  more  duplicate  sets  of  weights,  measures  and 
balances,  which  shall  at  all  times  be  kept  to  conform  to  the  stand- 
ards provided  by  the  commonwealth ;  and  all  weighing  or  measuring 
devices  so  sealed  shall  be  deemed  legally  sealed,  as  if  tested  and  sealed 
with  the  standards. 

Sec.  41,  as  amended  by  Acts,  1923,  ch.  32,  p.  15.  Annual  notice  of 
sealing. — Sealers  shall  annually  give  public  notice,  by  advertisement 
or  by  posting  notices  in  one  or  more  public  places  in  their  towns 
or  districts,  to  all  inhabitants,  or  persons  having  usual  places  of 
business  therein,  using  weighing  or  measuring  devices  for  the  pur- 
pose of  buying  or  selling  goods,  wares  or  merchandise,  for  public 
weighing  or  for  hire  or  reward,  to  bring  them  in  to  be  tested,  ad- 


MASSACHUSETTS  357 

justed  and  sealed.  Such  sealers  shall  attend  in  one  or  more  conveni- 
ent places,  and  shall  adjust,  seal  or  condemn  such  devices  in  accord- 
ance with  the  results  of  their  tests,  and  shall  make  a  record  thereof. 

Sec.  42,  as  amended  by  Acts,  1923,  ch.  32,  p.  15.  Sealing  at  house  or 
store. — After  giving  said  notice,  said  sealers  shall  go  to  the  houses, 
stores,  shops  and  vehicles  of  persons  not  complying  therewith,  and 
shall  test  and  adjust,  seal  or  condemn  in  accordance  with  the  results 
of  their  tests,  the  weighing  or  measuring  devices  of  such  persons: 
Provided,  That  devices  for  determining  the  measurement  of  leather 
bought,  sold  or  offered  for  sale  shall  be  tested  at  least  semi-annually. 
A  person  who  neglects  or  refuses  to  exhibit  his  weighing  or  measur- 
ing devices  to  a  sealer  or  deputy,  or  who  hinders,  obstructs  or  in  any 
way  interferes  with  a  sealer  or  deputy  in  the  performance  of  duty, 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  43  (al917).  Testing  of  devices  registering  price. — A  sealer  ot 
deputy  shall  test  all  weighing  or  measuring  devices  having  a  device 
for  indicating  or  registering  the  price  as  well  as  the  weight  or 
measure  of  a  commodity  offered  for  sale  as  to  the  correctness  of 
both  weights  or  measures  and  values  indicated  by  them. 

Sec.  44  (1913).  Testing  of  mechanical  devices  for  measuring  leather. — 
Devices  used  for  determining  the  measurement  of  leather  bought, 
sold  or  offered  for  sale  shall  be  tested  as  to  the  correctness  of  measures 
indicated  by  them  by  a  sealer  of  the  town  where  they  are  used,  and 
the  director  may  make  such  rules  and  regulations  as  he  deems  neces- 
sary to  insure  the  greatest  possible  accuracy  in  the  use  of  said  devices. 

Sec.  45  (al919).  Testing  of  taximeters. — All  devices  used  upon 
vehicles  for  determining  the  cost  of  transportation  shall  be  tested  as 
to  the  correctness  of  measures  and  values  indicated  by  them,  and  the 
director  may  make  rules  and  regulations  to  insure  accuracy  in  the 
use  thereof.  Any  owner  or  operator  of  a  taxicab  or  other  vehicle 
who  refuses  or  neglects  to  comply  with  any  rule  or  regulation 
so  made  by  the  director  shall  be  punished  by  a  fine  of  ten  dollars. 

Sec.  46  (1920).  Testing  of  devices  used  in  standardizing  production 
and  in  determining  wages,  capacity  of  tanks,  etc.,  and  the  accuracy  of 
automatic  devices. — The  director  may,  if  he  deems  it  desirable,  and 
shall,  upon  request,  test  any  weights,  measures,  instruments  or  me- 
chanical devices  of  any  kind  used  or  intended  to  be  used  in  standard- 
izing the  production  of  any  manufactured  article  by  controlling 
processes  or  by  determining  the  dimensions,  proportions  or  proper- 
ties of  materials  or  products,  in  determining  wages  or  compensation 
for  labor  performed,  in  determining  the  dimensions  or  capacity  of 
any  tank,  can  or  other  container,  or  in  determining  the  accuracy  of 
any  automatic  weighing  or  measuring  device.  When  any  such 
weight,  measure,  instrument  or  mechanical  device  has  been  tested 
and  found  correct  by  the  director,  he  may  seal  the  same.  If  he  finds 
it  inaccurate,  he  may,  in  his  discretion,  either  condemn  it  or  he  may 
furnish  the  owner  or  user  with  a  certificate  indicating  the  amount 
and  direction  of  any  errors  found  by  him.  This  section  shall  not 
give  to  the  said  director  or  to  his  inspectors  the  power  to  seal  any 
of  the  devices  which,  on  April  twenty-ninth,  nineteen  hundred  and 
twenty,  were  required  by  law  to  be  sealed  by  the  local  sealers  through- 
out the  Commonwealth. 

Sec.  47  (al919).  Annual  testing  of  apothecaries'  weights,  etc.;  excep- 
tion.— Apothecaries  and  other  persons  dealing  in  or  dispensing  drugs, 


358  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

medicines  or  merchandise  sold,  dispensed  or  given  away  by  apothe- 
caries' weights  or  by  apothecaries'  liquid  measure,  shall,  at  least 
annually,  cause  the  weights  and  measures  so  used  to  be  tested  and 
sealed  by  the  sealer  in  the  town  where  they  do  business:  Provided, 
That  a  graduated  glass  measure  once  sealed  by  a  sealer,  or  by  the 
manufacturer,  need  not  be  again  sealed  while  remaining  in  the  same 
condition  as  when  first  sealed.  The  director  shall  establish  specifica- 
tions for  graduated  glass  measures.  When  a  representative  sample 
of  a  graduated  glass  measure  has  been  submitted  to  the  director  and 
approved  by  him,  as  conforming  to  specifications,  he  shall  assign  a 
designating  mark  or  number  to  be  thereafter  permanently  affixed  to 
such  measures  of  the  particular  kind  so  approved.  Graduated  glass 
measures  sealed  by  the  manufacturer  shall  be  marked  with  his  name, 
initials  or  trade  mark  and  by  other  marks  required  by  the  director. 
The  director  may  revoke  the  authority  so  given  to  any  manufacturer 
under  this  section  on  proof  that  the  authorized  seal  or  designating 
mark  has  been  affixed  to  a  measure  not  conforming  to  the  approved 
sample. 

Sec.  48  (al914).  Penalty. — Whoever  sells  or  dispenses  drugs,  medi- 
cines or  merchandise  requiring  the  use  of  apothecaries'  weights  or 
apothecaries'  liquid  measures  or  in  the  sale  of  which  they  are  com- 
monly used,  and  does  not  have  such  weights  and  measures  tested 
under  this  chapter  shall  be  punished  by  a  fine  of  not  less  than  five 
nor  more  than  fifty  dollars. 

Sec.  49  (al920).  Annual  test  of  hay  and  coal  scales. — Sealers  shall  go 
once  a  year,  and  oftener  if  necessary,  to  each  hay  and  coal  scale  and 
other  weighing  or  measuring  device  in  their  towns  not  easily  or 
conveniently  removed,  and  shall  test,  adjust  and  seal  or  condemn 
them. 

Sec.  50  (al876) .  Sealer  to  test  upon  request,  etc. — Whoever  uses  any 
weighing  or  measuring  devices  may  have  them  tested  by  the  sealer 
at  any  time  upon  request  and  the  sealer  shall  seal  or  condemn  the 
same  in  accordance  with  the  results  of  his  tests. 

Sec.  51  (1906).  Sealing  of  glass  milk  bottles,  etc. — When  notified  by 
a  dealer  in  milk  or  cream  using  glass  bottles  or  jars  for  the  distribu- 
tion thereof  that  he  has  in  his  possession  not  less  than  six  gross  of 
such  bottles  or  jars  not  sealed,  sealers  shall  forthwith  seal  them  as 
provided  in  section  fifteen,  at  a  suitable  place  provided  by  the  dealer. 

Sec.  52  (al897).  Sealer  to  test  incorrect  weights  upon  complaint. — If 
a  person  informs  a  sealer  that  he  has  reasonable  cause  to  believe,  or 
if  such  sealer  has  reasonable  cause  to  believe,  that  any  weighing  or 
measuring  device  used  in  the  sale  of  a  commodity  in  his  town  is  in- 
correct, said  sealer  shall  go  where  it  is  and  shall  test  and  mark  it 
according  to  the  result  of  the  test ;  and  if  it  is  incorrect  and  can  not 
be  adjusted,  he  shall  attach  thereto  a  notice  of  that  fact  forbidding 
its  use  until  it  conforms  to  the  authorized  standard.  If  a  sealer  has 
reasonable  cause  to  believe  that  any  weighing  or  measuring  device 
has  been  altered  since  last  adjusted  and  sealed,  he  shall  enter  the 
premises  where  it  is  kept  or  used  and  examine  it.  Whoever  uses  a 
weighing  or  measuring  device  after  refusing  permission  to  a  sealer 
to  test  it  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

Sec.  53  (al919).  Devices  to  be  marked  with  stencil;  notice;  penalty. — 
If  a  sealer  can  not  seal  any  weighing  or  measuring  device  in  the 


MASSACHUSETTS  359 

usual  manner,  he  may  mark  it  with  a  stencil  or  by  other  suitable 
means,  showing  that  it  has  been  inspected;  and  if  a  weighing  or 
measuring  device  is  so  small  as  to  render  it  impracticable  to  seal  it 
in  the  usual  manner,  he  shall  give  a  certificate  in  a  form  approved 
by  the  director,  specifying  each  such  weighing  or  measuring  device 
so  tested;  but  he  shall  in  no  case  seal  or  mark  as  correct  weighing  or 
measuring  devices  not  conforming  to  the  standards.  If  such  weigh- 
ing or  measuring  device  can  be  readily  adjusted  by  means  at  hand, 
he  may  adjust  and  seal  it;  but  if  not,  he  shall  affix  thereto  a  notice 
forbidding  its  use  until  he  is  satisfied  that  it  conforms  to  the  stand- 
ards; and  whoever  removes  said  notice  without  the  consent  of  such 
officer  shall  forfeit  not  more  than  fifty  dollars,  to  be  equally  divided 
between  the  town  and  the  complainant. 

Sec.  54  (al920).  Sealer  may  seize  measuring  devices  for  evidence. — A 
sealer  or  deputy  may  seize  without  a  warrant  weighing  or  measuring 
devices  necessary  to  be  used  as  evidence  in  cases  of  violation  of  the 
laws  relative  to  the  sealing  thereof;  and  they  shall  be  returned  to 
the  owners  or  forfeited,  as  the  court  directs. 

Sec.  55  (al917).  Seizure  of  illegal  devices,  etc. — A  sealer  or  deputy 
may  seize  weighing  or  measuring  devices  not  conforming  to  legal 
standards  or  not  sealed  as  required  by  law ;  and  a  person  having  in 
his  possession  such  weighing  or  measuring  devices,  with  intent  to 
use  them  in  violation  of  law,  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars;  and  such  devices,  upon  order  of  a  court,  shall 
be  destroyed.  Possession  thereof  shall  be  prima  facie  evidence  of 
intention  to  use  them  in  violation  of  law. 

Sec.  56  (al919).  Fees  of  sealers. — Except  as  otherwise  provided, 
sealers  shall  receive  the  following  fees  for  sealing  the  following 
weighing  or  measuring  devices : 

(a)  Each  scale  with  a  weighing  capacity  of  more  than  five  thou- 
sand pounds,  one  dollar. 

(b)  Each  scale  with  a  weighing  capacity  of  one  hundred  to  five 
thousand  pounds,  fifty  cents. 

(c)  All  other  scales,  balances,  and  measures  on  pumps,  ten  cents 
each. 

(d)  All  weights  and  other  measures,  three  cents  each. 

They  shall  also  receive  reasonable  compensation  for  necessary  re- 
pairs, alterations  and  adjustments  made  by  them. 

(e)  Each  taximeter,  or  measuring  device  used  upon  vehicles  for 
determining  the  cost  of  transportation,  one  dollar. 

(/)  Each  machine  or  other  device  used  for  determining  the  meas- 
urement of  leather,  one  dollar. 

(g)  Milk  bottles  or  jars,  fifty  cents  per  gross. 

Sec.  57.  Report  of  commissioner  of  labor  and  industries. — The  com- 
missioner of  labor  and  industries  shall  make  an  annual  report  of 
the  acts  of  the  director  of  standards  and  of  all  facts  required  to  be 
reported  to  him  under  section  six  of  chapter  ninety-six. 

Gen.  Laws,  1921,  Vol.  1,  ch.  31,  p.  129. 

Sec.  4  (al920).  Positions  to  be  included  in  civil  service;  sealers  of 
weights  and  measures,  etc. — The  following,  among  others,  shall  be 
included  within  the  classified  civil  service  by  rules  of  the  board : 


360  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

All  sealers  and  deputy  sealers  of  weights  and  measures  in  towns 
of  over  ten  thousand  inhabitants  and  in  cities,  whether  such  officers 
are  heads  of  principal  departments  or  not,  and  also  the  inspectors  of 
standards  in  the  service  of  the  Commonwealth ;     *     *     * 

Gen.  Laws,  1921,  Vol.  1,  ch.  94,  p.  880. 

Sec.  1  (al915).  Inspection  and  sale  of  food,  drugs  and  various 
articles. — The  following  words  as  used  in  this  chapter,  unless  the 
context  otherwise  requires,  shall  have  the  following  meanings: 
*  *  *  "  Closed  packages,"  in  section  one  hundred  to  one  hundred 
and  seven,  inclusive,  one  hundred  and  nine,  one  hundred  and  ten, 
one  hundred  and  twelve  and  one  hundred  and  thirteen,  a  barrel,  box, 
or  other  container,  the  contents  whereof  can  not  be  sufficiently  in- 
spected without  opening  it.  *  # .  *  "  Commercial  feeding  stuff," 
in  sections  two  hundred  and  twenty-five  to  two  hundred  and  thirty- 
five,  inclusive,  includes  all  feeding  stuff  used  for  feeding  livestock 
and  poultry  and  containing  not  more  than  sixty  per  cent  of  water, 
except  whole  seeds  or  grains,  and  also  unmixed  meals  made  directly 
from  the  entire  grains  of  corn,  wheat,  rye,  barley,  oats,  buckwheat, 
flaxseed,  kafir,  and  milo,  whole  hays,  whole  straws,  unground  cotton 
seed  hulls  and  unground  corn  stover  when  unmixed  with  other  ma- 
terials. *'*..*';"  Food,"  in  sections  one  hundred  and  fifty-four 
to  one  hundred  and  fifty-six,  inclusive,  one  hundred  and  eighty-one, 
and  one  hundred  and  eighty-six  to  one  hundred  and  ninety-six,  in- 
clusive, includes  all  articles,  whether  simple,  mixed  or  compound, 
used  for  food  or  drink,  confectionery  or  condiment,  by  man  or 
animal.  *  *  *  "Label,"  in  sections  two  hundred  and  twenty- 
five  to  two  hundred  and  thirty-five,  inclusive,  a  printed  label  required 
by  section  two  hundred  and  twenty-five,  and  in  sections  two  hundred 
and  fifty  to  two  hundred  and  fifty-four,  inclusive,  and  two  hundred 
and  fifty-six  to  two  hundred  and  sixty-one,  inclusive,  a  printed  label 
required  by  section  two  hundred  and  fifty.     *     *     * 

Sec.  7,  as  amended  by  Acts,  1922,  ch.  186,  p.  214.  Bread;  standard 
loaves;  method  of  sale. — Except  as  provided  in  the  following  section, 
bread  shall  not  be  manufactured  for  sale,  sold,  or  offered  or  exposed 
for  sale  otherwise  than  by  weight,  and  shall  be  manufactured  for 
sale,  sold,  or  offered  or  exposed  for  sale  only  in  units  of  one  pound, 
one  and  one  half  pounds,  or  multiples  of  one  pound.  When  multiple 
loaves  are  baked,  each  unit  of  the  loaf  shall  conform  to  the  weight 
required  by  this  section.  The  weights  herein  specified  shall  mean 
net  weights  not  more  than  twelve  hours  after  baking,  or  not  more 
than  twelve  hours  after  the  sale  and  delivery  of  such  loaves  by  the 
manufacturer  or  by  his  servant  or  agent.  Such  weights  shall  be 
determined  by  the  average  weight  of  not  less  than  six  loaves:  Pro- 
vided, That  such  average  weights  shall  be  determined  by  the  weight 
of  at  least  twelve  loaves  whenever  such  number  of  loaves  is  available 
at  the  time  and  place  of  such  weighing :  And  provided  further,  That 
bread  found  upon  any  premises  occupied  for  the  manufacture  of 
bread  for  sale,  or  any  bread  found  in  the  wagons,  trucks,  baskets, 
boxes,  or  other  delivery  vehicles  or  receptacles  owned  or  controlled 
by  the  manufacturer  of  such  bread,  and  being  transported  or  de- 
livered for  sale,  shall  for  the  purposes  of  this  section  be  deemed  to 
have  been  baked  within  twelve  hours  unless  such  bread  is  marked, 


MASSACHUSETTS  361 

designated  or  segregated  as  stale  bread,  under  regulations  prescribed 
by  the  director  of  standards. 

"Sec.  8,  as  amended  by  Acts,  1922,  eh.  186,  p.  214.  Fancy  bread,  law  not 
applicable,  when. — Unit  weights,  as  defined  in  the  preceding  section, 
shall  not  apply  to  rolls  or  to  fancy  bread  weighing  less  than  four 
ounces,  nor  to  loaves  bearing  in  plain  position  a  plain  statement  of 
the  weight  of  the  loaf  and  the  name  of  the  manufacturer  thereof. 
Such  information  shall  be  stated  in  case  of  wrapped  bread,  upon 
the  wrapper  of  each  loaf,  and  in  the  case  of  unwrapped  bread  by 
means  of  a  pan  impression  or  other  mechanical  means  or  upon  a 
label  not  larger  than  one  by  one  and  three  quarters  inches  nor  smaller 
than  one  by  one  and  one  half  inches.  No  label,  attached  to  an  un- 
wrapped loaf,  shall  be  larger  than  provided  herein,  nor  shall  any 
such  label  be  affixed  in  any  manner  or  with  an}'  gum  or  paste  which 
is  unsanitary  or  unwholesome.  When  an  inspection  of  bread  is  made 
at  any  bakery  by  the  director  or  any  inspector  of  standards  or  sealer 
of  weights  and  measures,  the  manufacturer  of  such  bread,  or  his 
servants  or  agents  shall,  upon  request  of  the  official  making  such 
inspection,  inform  him  whether  such  bread  is  manufactured  for  sale 
in  any  of  the  standard  unit  weights  prescribed  by  the  preceding  sec- 
tion and,  if  not  so  manufactured  for  sale  in  such  standard  unit 
weights,  shall  furnish  such  official  with  samples  of  the  labels  or 
wrappers  intended  to  be  used  on  all  such  loaves  of  other  than  stand- 
ard unit  weights. 

Sec.  9,  as  amended  by  Acts,  1922,  ch.  186,  p.  214.  Rules  and  regula- 
tions; tolerances;  seizure  without  warrant. — The  director  of  standards 
shall  prescribe  such  rules  and  regulations  as  are  necessary  to  en- 
force the  two  preceding  sections,  including  reasonable  tolerances  or 
variations  within  which  all  weights  shall  be  kept :  Provided,  That 
such  tolerances  or  variations  shall  not  exceed  one  ounce  per  pound 
under  the  standard  unit  or  marked  weight.  The  said  director, 
and  under  his  direction  the  local  sealers  of  weights  and  measures, 
shall  cause  this  section  to  be  enforced.  They  may  seize  without 
warrant  any  bread  which  they  may  deem  necessary  to  be  used  as 
evidence  of  violation  of  law,  giving  a  receipt  therefor,  and  such 
bread  shall  be  returned  to  the  owner  or  forfeited  as  the  court  may 
direct.  Before  any  prosecution  is  begun  under  this  section  by  any 
inspector  of  standards,  the  parties  concerned  shall  be  notified  and 
given  an  opportunity  to  be  heard  before  the  director.  Before  any 
prosecution  is  begun  under  this  section  by  any  sealer  or  deputy 
sealer  of  weights  and  measures,  the  parties  concerned  shall  be  noti- 
fied and  given  an  opportune  to  be  heard  before  the  sealer  and  shall 
have  the  right  of  appeal  to  the  director  of  standards :  Provided,  That 
such  appeal  is  filed  with  said  director  in  writing  within  five  days 
from  the  finding  of  the  local  sealer.  When  such  appeal  has  been 
entered  no  prosecution  shall  be  begun  until  the  charges  have  been 
reviewed  by  said  director. 

Sec.  10,  as  amended  by  Acts,  1922,  ch.  186,  p.  214.  Violation;  penalty.— 
Whoever  violates  any  provision  of  sections  two  to  nine,  inclusive, 
or  of  any  rule  or  regulation  adopted  thereunder,  or  whoever  fails 
or  refuses  to  comply  with  any  request  for  information  made  under 
authority  of  said  sections,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 


362  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  83  (1914).  Sale  of  fresh  fish  at  wholesale  regulated;  penalty. — 
All  fresh  food  fish  sold  at  wholesale  shall  be  sold  by  weight  at  the  time 
of  delivery.  Whoever  violates  this  section  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars. 

Sec.  84  (1837).  Quintal  weight  of  fish.— If  fish  are  sold  by  the 
quintal,  it  shall  mean  a  quintal  of  one  hundred  pounds  avoirdupois, 
and  all  contracts  relative  to  fish  thus  sold  shall  be  so  construed. 

Sec.  85  (al919).  Clam  bait;  contents  of  barrel,  etc. — If  clam  bait  is 
sold  by  the  barrel,  "  barrel "  shall  mean  a  fish  barrel  of  not  less  than 
twenty-eight  nor  more  than  twenty-nine  gallons,  and  containing 
twenty-six  gallons  of  clams  and  not  more  than  three  gallons  of 
pickle.  If  the  purchaser  and  seller  disagree  as  to  the  quantity  in  a 
barrel,  either  party  may  have  it  measured  by  the  director  of  stand- 
ards or  a  sealer  of  weights  and  measures.  If  such  barrel  does  not  con- 
tain the  said  number  of  gallons  of  clams,  the  seller  shall  receive 
payment  for  the  number  of  gallons  of  clams  it  does  contain,  but 
shall  pay  the  expense  of  measuring  and  coopering;  otherwise  the 
purchaser  shall  pay  such  expense. 

Sec.  86  (1888).  Fish  to  be  weighed  on  request  or  demand. — All  fish 
when  landed  from  a  vessel  or  boat  shall  be  weighed  by  a  public 
weigher  *  of  fish  or  his  deputy,  when  so  requested  or  demanded  by 
the  buyer  or  seller  of  such  fish  or  by  the  master,  agent  or  a  majority 
of  the  crew  of  such  vessel  or  boat ;  and  said  weigher  shall  issue  a  cer- 
tificate of  weight  to  the  seller  and  a  duplicate  to  the  buyer. 

Sec.  87.  Record  of  weight,  etc.,  to  be  kept. — Each  deputy  shall  report 
to  such  weigher  the  weight  of  fish  weighed  by  him,  and  the  weigher 
shall  keep  a  complete  record  of  such  weight  with  the  date  of  weigh- 
ing, the  name  of  the  vessel  from  which  the  fish  were  taken  and  the 
person  for  whom  they  were  weighed. 

Sec.  88.  Fees  for  weighing. — The  fees  for  weighing  fish  shall  be 
twenty  cents  per  one  thousand  pounds,  but  in  no  case  less  than  one 
dollar,  and  shall  be  paid  by  the  person  applying  to  have  the  fish 
weighed.  Each  deputy  shall  pay  to  the  weigher  two  cents  per  one 
thousand  pounds  for  all  fish  weighed  by  him. 

Sec.  96,  as  amended  by  Acts,  1922,  ch.  355,  p.  374.  Fruits,  nuts  and 
vegetables. — Except  as  otherwise  provided  in  sections  ninety-eight 
and  ninety-nine  and  in  chapter  ninety-nine,  or  except  when  sold  in 
the  original  standard  container,  all  fruits,  nuts,  vegetables  and  grain 
shall  be  sold  at  retail  by  avoirdupois  weight  or  numerical  count. 
The  words  "  original  standard  container,"  as  used  in  this  section  shall 
mean  and  include  only  barrels,  boxes,  baskets,  hampers  or  similar 
containers,  the  dimensions  or  capacity  of  which  is  established  by 
law  of  this  Commonwealth  or  by  act  of  Congress,  the  contents  of 
which  have  not  been  removed  or  repacked  by  the  retailer,  and  upon 
which  is  plainly  and  conspicuously  marked  the  net  quantity  of  the 
contents  thereof  in  terms  of  weight,  measure  or  numerical  count. 
This  section  shall  not  apply  to  the  sale  of  apples  repacked  under  the 
provisions  of  section  one  hundred  and  four  nor  to  the  sale,  by  the 
bunch,  of  fresh  beets,  onions,  turnips,  rhubarb  and  other  similar 
vegetables  usually  and  customarily  sold  by  the  bunch.  Whoever 
violates  any  of  the  provisions  of  this  section  shall  be  punished  by  a 
fine  of  not  more  than  ten  dollars. 

1  Appointment  of  public  weighers  of  flsh,  see  ch.  41. 


MASSACHUSETTS  363 

Sec.  98  (al920).  Sale  of  certain  berries  regulated;  penalty. — Baskets 
or  other  receptacles  holding  one  quart  or  less  which  are  used  or  in- 
tended to  be  used  in  the  sale  of  strawberries,  blackberries,  cherries, 
currants,  blueberries,  raspberries  or  gooseberries  shall  be  of  the  ca- 
pacity of  one  quart,  one  pint  or  one  half  pint,  Massachusetts  stand- 
ard dry  measure.  Said  baskets  or  other  receptacles  shall  not  be  re- 
quired to  be  tested  and  sealed  as  provided  by  chapter  ninety-eight, 
but  the  sealer  or  deputy  sealer  of  weights  and  measures  of  any  town 
or  the  director  of  standards  may,  if  he  so  desires,  and  shall,  upon 
complaint,  test  the  capacity  of  any  basket  or  other  receptacle  in  which 
any  of  the  aforesaid  fruit  is  sold  or  intended  to  be  sold;  and  if  the 
same  is  found  to  contain  less  than  the  standard  measure  he  shall  seize 
the  same  and  make  complaint  against  the  vendor. 

Whoever  sells  or  offers  for  sale  a  basket  or  other  receptacle  hold- 
ing one  quart  or  less  to  be  used  in  the  sale  of  any  of  the  aforesaid 
fruit  which  does  not  conform  to  said  standard,  and  whoever  sells  or 
offers  for  sale  any  of  the  aforesaid  fruit  in  any  basket  or  other  re- 
ceptacle holding  one  quart  or  less  which  does  not  conform  to  said 
standard  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more 
than  ten  dollars. 

Sec.  99,  as  amended  by  Acts,  1922,  ch.  355,  p.  374.  Sale  of  certain 
berries. — Berries,  except  cranberries,  when  sold  shall,  subject  to  the 
preceding  section,  be  measured  by  the  strike  or  level  measure. 

Sec.  99A  (1921).  Standard  box  and  half  box  for  farm  produce. — The 
Massachusetts  standard  box  for  farm  produce  sold  at  wholesale,  ex- 
cept as  otherwise  provided,  shall  contain  two  thousand  one  hundred 
fifty  and  forty-two  one-hundredths  cubic  inches  and  shall  be  of  the 
following  dimensions  by  inside  measurements :  Seventeen  and  one- 
half  inches  in  length  by  seventeen  and  one-half  inches  in  width  and 
seven  and  one-sixteenth  inches  in  depth.  The  Massachusetts  stand- 
ard half  box  for  farm  produce  sold  at  wholesale  shall  contain  one 
thousand  seventy-five  and  twenty-one  one-hundredths  cubic  inches 
and  shall  be  of  the  following  dimensions  by  inside  measurements: 
Twelve  and  three-eighths  inches  in  length  by  twelve  and  three- 
eighths  inches  in  width  and  seven  and  one-sixteenth  inches  in  depth. 
When  the  above  specified  boxes  are  made  of  wood  the  ends  shall  be 
not  less  than  five-eighths  inches  in  thickness  and  the  sides  and  bottom 
not  less  than  three-eighths  inches  in  thickness.  All  such  boxes  and 
half  boxes  of  the  dimensions  specified  herein  shall  be  marked  on  at 
least  one  outer  side  in  bold,  uncondensed  capital  letters,  not  less  than 
one  inch  in  height : — Standard  Box  Farm  Produce, — and, — Standard 
Half  Box  Farm  Produce, — respectively.  Whoever  marks  or  other- 
wise represents  any  box  or  half  box  to  be  a  standard  box  or  half  box 
for  the  sale  of  farm  produce  at  wholesale  shall,  unless  such  box  or  half 
box  complies  with  every  specification  and  requirement  of  this  section, 
be  punished  by  a  fine  of  not  more  than  fifty  dollars.  The  director 
of  standards  in  the  department  of  labor  and  industries,  his  inspectors 
and  the  sealers  and  deputy  sealers  of  weights  and  measures  in  cities 
and  towns  shall  enforce  the  provisions  of  this  section. 

Sec.  100  (1915).  Standard  barrel  and  box  for  apples. — The  standard 
barrel  for  apples  shall  be  of  the  following  dimensions  when  meas- 
ured without  distension  of  its  parts:  Length  of  stave,  twenty-eight 
and  one-half  inches;  diameter  of  heads?  seventeen  and  one-eighth 
inches;  distance  between  heads,  twenty-six  inches;  circumference  of 


364  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

bulge,  sixty-four  inches,  outside  measurement;  and  the  thickness  of 
staves  not  greater  than  four-tenths  of  an  inch :  Provided,  That  any 
barrel  of  a  different  form  having  a  capacity  of  seven  thousand  and 
fifty-six  cubic  inches  shall  be  a  standard  barrel. 

The  standard  box  for  apples  shall  be  of  the  following  dimensions 
by  inside  measurement:  Eighteen  inches  by  eleven  and  one-half 
inches  by  ten  and  one-half  inches,  without  distension  of  its  parts; 
and  shall  have  a  capacity  of  not  less  than  two  thousand  one  hundred 
and  seventy-three  and  one-half  cubic  inches. 

Sec.  104,  as  amended  by  Acts,  1924,  ch.  119,  p.  78.  Closed  packages, 
how  marked. — Each  closed  package  of  apples  packed  or  repacked 
within  the  Commonwealth  and  intended  for  sale  within  or  without 
the  Commonwealth,  shall  be  marked  or  branded  at  the  time  of  pack- 
ing, repacking  or  closing  with  a  statement  of  the  quantity  of  the 
contents,  except  as  hereinafter  provided,  the  name  and  address  of 
the  person  by  whose  authority  the  apples  were  packed,     *     *     * 

Sec.  105,  as  amended  by  Acts,  1924,  ch.  119,  p.  78.  Branding  and 
marking  of  barrels. — The  branding  or  marking  of  barrels  under  sec- 
tions one  hundred  and  one  to  one  hundred  and  seven,  inclusive,  and 
one  hundred  and  twelve  shall  be  in  block  letters  and  figures  of  a  size 
not  less  than  thirty-six  point  gothic.  The  commissioner  of  agricul- 
ture shall  prescribe  rules  and  regulations  as  to  the  lettering  to  be 
used  in  branding  or  marking  other  packages. 

Sec.  115  (al911).  Standard  barrel  and  crate  for  cranberries. — The 
legal  and  standard  barrel  for  cranberries  shall  measure  not  less 
than  twenty-five  and  one- fourth  inches  between  the  heads,  inside; 
the  length  of  the  staves  shall  be  twenty-eight  and  one-half  inches; 
the  diameter  of  the  head  shall  be  not  less  than  sixteen  and  one- 
fourth  inches,  including  the  bevelled  edge ;  the  outside  bulge  circum- 
ference shall  measure  not  less  than  fifty-eight  and  one-half  inches; 
the  thickness  of  the  staves  shall  be  not  greater  than  four-tenths  of 
an  inch.  The  legal  and  standard  crate  for  cranberries  shall  measure 
seven  and  one-half  inches,  by  twelve  inches,  by  twenty-two  inches, 
inside,  exclusive  of  any  interior  partition  or  support,  and  shall  have 
an  interior  capacity  of  one  thousand  nine  hundred  and  eighty  cubic 
inches;  but  any  square  or  oblong  crate  or  box  of  different  form, 
but  of  as  great  interior  capacity,  shall  be  considered  a  legal  and 
standard  crate. 

Sec.  116.  Provisions  as  to  barrels  and  crates;  penalty. — Each  barrel, 
crate,  one-half  crate  or  one-quarter  crate  used  for  the  sale  or  deliv- 
ery of  cranberries  shall  be  of  the  standard  measure  prescribed  in 
this  or  the  preceding  section,  and  shall  be  marked  as  therein  required. 
No  person  shall  use  any  barrel,  crate,  one-half  crate  or  one-quarter 
crate  for  such  sale  or  delivery,  the  capacity  of  which  is  less  than  that 
of  the  corresponding  standard  package  prescribed  in  the  preceding 
section.  Sealers  of  weights  and  measures  shall  enforce  this  and 
the  preceding  section.  Whoever  violates  any  provision  of  this  or 
the  preceding  section  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars. 

It  shall  be  lawful  to  use  for  the  sale  and  delivery  of  cranberries, 
square  or  oblong  packages  which  contain  one-half  crate  or  one- 
quarter  crate,  provided  that  such  packages  have  an  interior  ca- 
pacity, exclusive  of  any  partition  or  support,  of  nine  hundred  and 


MASSACHUSETTS  365 

ninety  and  of  four  hundred  and  ninety-five  cubic  inches,  respec- 
tively. No  barrel,  crate,  one-half  crate  or  one-quarter  crate,  in- 
tended to  be  used  for  the  sale  or  delivery  of  cranberries,  except  of 
the  standard  measure  specified  in  this  section,  and  plainly  marked 
with  the  words  "  Massachusetts  Standard  Measure,"  shall  be  manu- 
factured or  sold.  No  person  shall  so  mark  any  barrel  or  other 
package  so  used,  or  intended  to  be  used,  unless  its  interior  capacity 
is  as  great  as  the  capacity  herein  specified  for  such  package. 

Nothing  in  this  or  the  preceding  section  shall  prohibit  the  use  of 
third,  half  and  three-quarter  barrels,  as  provided  by  United  States 
law. 

Sec.  117.  Sale  of  cranberries  in  packages. — It  shall  be  lawful  to  use 
for  the  sale  and  delivery  of  cranberries  packages  containing  one, 
two  or  four  pounds  of  cranberries,  net  weight :  Provided,  That  said 
net  weight  is  plainly  stamped  on  the  top  or  side  of  each  package. 

Sec.  140  (1815).  Weighers  of  beef;  appointment. — In  each  town 
where  beef  cattle  are  sold  for  the  purpose  of  marketing  or  barrel- 
ing, the  mayor  or  selectmen  shall  appoint  one  or  more  persons,  con- 
veniently situated  in  such  town  and  not  dealers  in  cattle,  as  weighers 
of  beef.  Each  such  weigher  shall  be  sworn  to  the  faithful  perform- 
ance of  his  duties. 

Sec.  141.  Fees. — Fees  for  weighing  cattle  shall  be  paid  by  the 
vendor  and  shall  be  twenty  cents  for  each  of  the  first  five  cattle,  fif- 
teen cents  for  each  of  the  second  five,  ten  cents  each  from  the  eleventh 
to  the  twentieth,  inclusive,  and  five  cents  for  each  above  twenty; 
also  twelve  and  one-half  cents  for  each  certificate,  which  shall  con- 
tain the  weight  of  each  of  the  cattle  weighed  for  one  person  unless 
the  vendor  requests  a  division  thereof. 

Sec.  157  (al920).  Sale  of  ice  at  retail  regulated;  penalty. — Whoever, 
being  engaged  in  the  business  of  selling  ice  at  retail,  and  not  engaged 
in  the  delivery  of  the  same  under  a  contract,  refuses  to  sell  from  any 
place  or  vehicle  engaged  in  the  regular  distribution  of  ice  at  retail 
a  piece  of  ice  at  the  fair  value  thereof  to  any  person  other  than  an 
ice  dealer,  shall,  if  such  person  tenders  in  payment  therefor  the 
amount  of  five  cents  or  any  multiple  thereof  not  more  than  fifty 
cents  in  legal  money  of  the  United  State,  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars. 

Sec.  158.  Ice  dealers  to  have  scales  and  to  weigh  ice;  penalty. — A 
dealer  in  ice  who  refuses  or  neglects  to  provide  scales  for  each  ve- 
hicle used  by  him  for  the  delivery  of  ice  or  who,  upon  request  of  a 
purchaser  of  ice,  refuses  or  neglects  to  weigh  the  same  when  deliv- 
ered, shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  159  (1920).  Penalty  for  refusal  to  weigh  ice. — Whoever,  having 
charge  of  the  delivery  of  ice  from  a  vehicle,  but  not  being  a  dealer 
in  ice,  refuses  upon  the  request  of  a  purchaser  of  ice  to  weigh  the 
same  when  it  is  delivered,  shall  be  punished  by  a  fine  of  not  more 
than  ten  dollars. 

Sec.  172  (al914).  Definition  of  barrel  and  hogshead. — The  barrel 
shall  contain  thirty-one  and  one-half  gallons  and  the  hogshead  two 
barrels :  Provided,  That  in  barrels  and  fractional  parts  thereof  con- 
taining malt  beverages  a  variation  or  tolerance  of  six  per  cent  shall 
be  permitted. 

Sec.  174  (1880).  Cental. — A  cental  or  hundredweight  shall  be  one 
hundred  pounds. 


366  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  175  (al911).  Barrel  of  flour. — A  barrel  of  flour,  measured  by 
weight,  shall  contain  one  hundred  and  ninety-six  pounds. 

Sec.  176  (al917).  Sales  by  weight;  definition  of  "  weight  ";  penalty.— 
"Weight"  in  a  sale  of  commodities  by  weight  shall  mean  the  net 
weight  of  all  commodities  so  sold;  and  contracts  concerning  such 
sales  shall  be  so  construed :  Provided,  That  in  respect  to  commodities 
not  intended  for  food  or  fuel  reasonable  tolerances  or  variations  shall 
be  permitted  in  accordance  with  established  trade  customs.  Viola- 
tion hereof  shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars. 

Sec.  177,  as  amended  by  Acts,  1923,  ch.  155,  p.  147.  Penalty  for  giving 
false  weight  or  measure. — Except  as  otherwise  provided  by  section 
two  hundred  and  forty-eight,  whoever,  himself  or  by  his  servant  or 
agent  gives  or  attempts  to  give  false  or  insufficient  weight  or  measure 
shall  be  punished  for  the  first  offence  by  a  fine  of  not  more  than  fifty 
dollars,  for  the  second  offence  by  a  fine  of  not  more  than  two  hundred 
dollars,  and  for  a  subsequent  offence  by  a  fine  of  fifty  dollars  and  by 
imprisonment  for  not  less  than  one  nor  more  than  three  months. 

Sec.  178  (1826).  Rules  for  weighing;  who  are  public  weighers. — Each 
public  weigher  of  goods  or  commodities  shall  weigh  them  according 
to  section  one  hundred  and  seventy-six,  and  shall  certify  accordingly ; 
and  for  each  refusal  or  neglect  he  shall  forfeit  not  more  than  ten 
dollars.  Each  weigher  of  goods  appointed  by  a  town,  and  each 
weigher^  for  hire  or  reward,  shall  be  a  public  weigher  hereunder. 

Sec.  179  (1863).  Weighers  of  boilers,  etc. — The  mayor  of  a  city  or 
the  selectment  of  a  town  where  boilers  and  heavy  machinery  are  sold 
shall  appoint,  and  may  remove,  one  or  more  persons,  not  engaged 
in  the  manufacture  or  sale  thereof,  to  be  weighers  of  boilers  and 
heavy  machinery,  who  shall  be  sworn.  The  appointing  officer  or 
board  may  fix  their  fees,  which  shall  be  paid  by  the  seller. 

Sec.  180  (1914).  Certain  courts  to  have  jurisdiction  over  prosecutions 
concerning  false  weights  and  measures. — Complaints  and  prosecutions 
for  violations  of  law  relating  to  the  use  or  giving  of  false  or  insuffi- 
cient weight  or  measure  may  be  commenced  and  prosecuted  in  a  court 
having  jurisdiction  of  the  place  to  which  the  goods  are  shipped. 

Sec.  181  (al919).  Net  quantity  contained  in  food  packages  to  be 
marked  thereon. — Subject  to  the  variations,  tolerances  and  exemp- 
tions provided  for  by  the  following  section,  no  person  shall  himself 
or  by  his  agent  or  servant  sell  or  offer  for  sale  food  in  package  form 
unless  the  net  quantity  of  the  contents  is  plainly  and  conspicuously 
marked  on  the  outside  of  the  package  in  terms  of  weight,  measure  or 
numerical  count.  This  section  shall  not  apply  to  retail  sales  of  food 
made  from  bulk  if  the  quantity  is  weighed,  measured  or  counted  at 
the  time  of  such  sale  by  the  retailer,  nor  to  the  sale  of  milk,  cream 
or  buttermilk  in  glass  jars,  as  provided  by  section  fifteen  of  chapter 
ninety-eight. 

The  director  of  standards  shall  enforce  this  and  the  three  following 
sections. 

Sec.  182.  Tolerances  and  exemptions. — The  director  of  standards 
shall  adopt  the  variations,  tolerances  and  exemptions  established,  or 
hereafter  established  by  rules  and  regulations  provided  for  by  section 
three  of  the  act  of  Congress 2  mentioned  in  section  one  hundred  and 

*  34  Stat.,  ch,.  3915,  p.  768,  and  amendments  thereof. 


MASSACHUSETTS  367 

ninety-two,  with  such  further  reasonable  variations,  tolerances  and 
exemptions  not  covered  by  the  rules  and  regulations  of  said  section 
as  he  deems  expedient. 

Sec.  183  (1914).  Penalty. — Whoever  violates  any  provision  of  sec- 
tion one  hundred  and  eighty-one  shall  for  the  first  offence  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars, 
and  for  a  subsequent  offence  by  a  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars. 

Sec.  184  (al919).  Hearing  before  prosecution  of  guarantor. — Prose- 
cutions under  the  preceding  section  shall  not  be  commenced  until  the 
party  concerned  is  notified  and  given  an  opportunity  to  be  heard  be- 
fore the  director  of  standards.  No  dealer  shall  be  prosecuted  there- 
under if  he  establishes  a  guaranty,  signed  by  the  wholesaler,  jobber, 
manufacturer,  dealer  or  other  person  residing  in  the  United  States, 
from  whom  he  purchased  such  articles,  that  they  are  correctly 
marked  or  labelled  under  section  one  hundred  and  eighty-one, 
designating  it,  and  containing  the  name  and  address  of  such  vendor, 
but  in  that  case  such  guarantor  shall  be  liable  to  prosecution  and  to 
the  penalties  provided  by  section  one  hundred  and  eighty-three.  If 
section  one  hundred  and  eighty-one  has  been  violated  and  the  guar- 
antor is  without  the  Commonwealth,  no  action  shall  be  brought  but 
the  director  of  standards  shall  report  the  facts  to  the  proper  national 
authorities. 

Sec.  219,  as  amended  by  Acts,  1922,  cb.  355,  p.  374.  Weighers  to  be 
appointed. — Mayors  and  selectmen  shall  annually  appoint  one  or 
more  weighers  of  grain,  who  shall  be  sworn  to  the  faithful  per- 
formance of  their  duty;  and  if  only  one  is  appointed  by  them,  they 
may  authorize  him  to  appoint  deputy  weighers. 

Sec.  221,  as  amended  by  Acts,  1922,  ch.  355,  p.  374.  Fees  of  weighers. — 
The  fees  of  weighers  of  grain  and  their  deputies,  if  any  are  author- 
ized, shall  be  prescribed  by  the  aldermen  or  selectmen  of  the  several 
towns  where  they  are  appointed.  One  half  of  such  fee  shall  be  paid 
by  the  seller  and  one  half  by  the  purchaser. 

Sec.  222,  as  amended  by  Acts,  1922,  ch.  355,  p.  374.  Certificate  of  sale 
by  cental  or  hundredweight. — If  any  wheat,  corn,  rye,  oats,  barley, 
buckwheat,  cracked  corn,  ground  corn  or  corn  meal,  ground  rye  or 
rye  meal,  or  feed,  or  any  other  meal,  is  sold  by  the  cental  or  hun- 
dredweight, the  weigher  or  his  deputy,  on  request  of  either  party 
to  the  contract,  shall  ascertain  the  weight  thereof  and  shall  give  a 
certificate  of  the  number  of  centals  or  hundredweight  of  the  same; 
and  whoever  sells  and  delivers  a  quantity  of  either  of  said  articles 
exceeding  one  cental  or  hundredweight,  if  it  has  not  been  weighed 
by  such  weigher  or  his  deputy,  shall  forfeit  to  the  purchaser  ten 
dollars  for  each  lot  purporting  to  be  a  cental  or  hundredweight  which 
contains  less  than  one  hundred  pounds. 

Sec.  224,  as  amended  by  Acts,  1922,  ch.  355,  p.  374.  Penalty  for  false 
weights  or  collusion. — If  a  weigher  or  deputy  weigher  uses,  or  has 
in  his  possession  with  intent  to  use,  for  the  purposes  provided  in  sec- 
tions two  hundred  and  nineteen  to  two  hundred  and  twenty-two,  in- 
clusive, any  false  weight,  scale,  balance  or  other  instrument  for 
weighing,  or  colludes  with  the  purchaser  or  seller  with  intent  to 
defraud  the  other  party,  or  makes  and  utters  a  false  and  fraudulent 
certificate  under  sections  two  hundred  and  nineteen  to  two  hundred 

517—26 24 


368  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

and  twenty-two,  inclusive,  he  may  be  removed  from  office  by  the 
aldermen  or  selectmen,  and  shall  also  on  conviction  thereof  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars  or  by 
imprisonment  for  not  more  than  six  months. 

Sec.  225  (al912).  Tag  or  label  affixed  to  commercial  feeding  stuff; 
form  and  contents. — Each  package,  lot  or  parcel  of  commercial  feed- 
ing stuff  sold  or  offered,  exposed  or  kept  for  sale  or  distributed  shall 
have  affixed  thereto  in  a  conspicuous  place,  as  provided  in  the  follow- 
ing section,  a  tag  or  label  containing  a  legible  and  plainly  printed 
statement  in  the  English  language  clearly  and  truly  certifying : 

(a)  The  weight  of  the  contents  of  the  package,  lot  or  parcel; 

(b)  The  name,  brand  or  trade  mark; 

(e)  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  placing  the  commodity  on  the  market ;     *     *     * 

Sec.  236  (1824).  Weighers  of  hay. — If  a  town  or  the  city  council  of 
a  city  accepts  this  section  or  has  accepted  corresponding  provisions 
of  earlier  laws,  the  mayor  or  selectmen  may  from  time  to  time  ap- 
point, for  a  term  not  exceeding  one  year,  and  may  at  any  time  re- 
move, weighers  of  hay,  who  shall  be  sworn  to  the  faithful  perform- 
ance of  their  duty  and  who  shall  have  the  superintendence  of  the 
hay  scales  belonging  to  such  city  or  town,  and  shall  weigh  hay  of- 
fered for  sale  therein  and  any  other  article  offered  to  be  weighed. 
Cities  and  towns  may  establish  ordinances  and  by-laws  for  the  regu- 
lation of  hay  scales  and  of  the  compensation  of  weighers  of  hay. 
Whoever,  not  having  been  so  appointed,  sets  up  hay  scales  in  a  city 
or  town  for  the  purpose  of  weighing  hay  or  other  articles  offered  to 
be  weighed  shall  forfeit  to  the  use  of  such  city  or  town  twenty  dollars 
a  month,  so  long  as  such  scales  are  maintained. 

Sec.  237  (1862).  Sale  of  timothy,  etc.,  seed,  regulated;  penalty.. — 
Except  as  otherwise  provided  in  chapter  ninety-nine,  all  contracts  for 
the  sale  and  delivery  of  timothy  or  herdsgrass  seed  shall  be  made  by 
avoirdupois  weight.  Whoever  violates  this  section  shall  be  punished 
by  a  fine  of  not  more  than  twenty  dollars. 

Sec.  238  (al920).  Weighers  of  coal. — The  mayor  or  selectmen  shall 
annually  appoint,  and  may  remove,  weighers  of  coal,  one  of  whom 
at  least  shall  not  be  engaged  in  the  business  of  selling  coal,  who  shall 
be  sworn  to  the  faithful  performance  of  their  duty,  and  by  whom 
all  coal  shall  be  weighed.  No  person  shall  be  ineligible  for  appoint- 
ment in  a  town  because  of  the  fact  that  he  is  not  a  resident  thereof, 
notwithstanding  any  provisions  to  the  contrary  in  any  city  charter. 
Women  shall  be  eligible  for  appointment  as  weighers  of  coal. 

Sec.  239  (al830).  Inspection,  etc.,  of  coal;  ordinances  and  by-laws. — 
Towns  may  establish  ordinances  and  by-laws,  with  suitable  penalties, 
for  the  inspection,  survey,  measurement  and  sale  of  coal  brought 
therein  for  sale,  and  may  also  provide  for  the  appointment  of  the 
proper  officers  therefor  and  may  establish  their  fees. 

Sec.  240,  as  amended  by  Acts,  1923,  ch.  196,  p.  170.  Coal  and  coke  sold 
by  weight,  when. — Coal  shall  be  sold  by  weight,  and,  except  when  sold 
by  cargo,  two  thousand  pounds  avoirdupois  shall  be  the  standard  for 
the  ton.  Coke  and  charcoal  in  any  quantities  shall  be  sold  only  by 
weight  or  measure. 

Sec.  241,  as  amended  by  Acts,  1923,  ch.  196,  p.  170.  Sale  of  coal,  coke 
and  charcoal  in  bags  and  baskets. — Coal  in  quantities  of  one  hundred 


MASSACHUSETTS  369 

pounds  or  less  shall  be  sold  by  weight,  and  coke  and  charcoal  in 
quantities  of  one  hundred  pounds  or  less  shall  be  sold  by  weight  or 
measure,  in  bags,  sacks  or  baskets,  and  until  delivered  shall  be  kept 
in  the  same  bags,  sacks  or  baskets  in  which  they  were  weighed  or 
measured;  and  coal,  coke  and  charcoal  thus  sold  shall  be  exempt 
from  section  two  hundred  and  forty- four.  When  sold  by  weight, 
such  bags,  sacks  or  baskets  shall  be  plainly  marked  with  the  name  of 
the  person  who  puts  up  the  same  and  with  the  weight  of  the  coal,  coke 
or  charcoal  therein  in  letters  and  numerals,  respectively,  of  bold  un- 
condensed  type  at  least  one  inch  in  height.  Paper  bags  or  sacks  used 
in  the  sale  of  coal  shall  contain  and  shall  be  sold  as  containing 
twenty-five  pounds,  avoirdupois  weight. 

Sec.  242  (al919).  Baskets,  etc.,  used  in  selling  coke,  etc.,  regulated.— 
Baskets  or  similar  receptacles  used  in  selling  coke,  charcoal  or  un- 
packed kindling  wood  by  measure  shall  be  of  one  bushel  or  multiple 
thereof,  Massachusetts  standard  dry  measure,  shall  have  their  capac- 
ity plainly  marked  thereon,  shall  be  sealed  by  a  sealer  of  weights 
and  measures  of  the  town  or  district  where  the  vendor  resides  or 
conducts  his  business,  and  shall  be  filled  at  least  level  full  when  well 
shaken. 

Sec.  243  (al921).  Paper  bags,  etc.,  used  in  sale  of  coke,  etc.,  regu- 
lated.— Paper  bags  or  sacks  used  or  intended  to  be  used  in  the  sale 
of  coke,  charcoal  or  kindling  wood  by  measure  shall  be  not  less  than 
twenty-five  inches  in  height,  not  less  than  thirteen  and  one-half  inches 
in  width,  and  the  bottoms  shall  not  be  less  than  four  and  three- 
quarters  inches  wide.  They  shall  be  filled  to  a  point  not  more  than 
six  inches  from  the  upper  end.  Bags  of  unpacked  kindling  wood 
or  of  coke  or  charcoal  sold  or  offered  for  sale  by  measure  shall  con- 
tain, and  shall  be  sold  as  containing,  one-half  bushel,  Massachusetts 
standard  dry  measure.  Bags  and  sacks  shall  be  plainly  marked  with 
the  name  and  business  address  of  the  person  putting  up  the  same, 
and  the  words  "  one  half  bushel "  in  bold,  uncondensed,  capital  letters 
at  least  one  inch  in  height.  Whoever  himself  or  by  his  servant  or 
agent  or  as  the  servant  or  agent  of  another  sells  or  offers  for  sale 
a  paper  bag  or  sack  to  be  used  in  the  sale  of  coke,  charcoal  or  kindling 
wood  by  measure  which  does  not  conform  in  every  particular  to  the 
requirements  of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 

Sec.  244  (al910).  Certificate  of  weight,  etc. — Whoever,  except  as 
provided  in  section  two  hundred  and  forty-one,  sells  coke,  charcoal 
or  coal  by  weight  shall  without  cost  to  the  purchaser  cause  the  goods 
to  be  weighed  by  a  sworn  weigher  of  the  town  where  they  are 
weighed,  and  shall  cause  to  be  signed  by  the  weigher  a  certificate 
stating  the  name  and  place  of  business  of  the  seller,  and  either  the 
identifying  number,  of  which  a  permanent  record  shall  be  kept,  or 
the  name  of  the  person  taking  charge  of  the  goods  after  the  weighing 
as  given  to  the  weigher  on  his  request,  the  tare  weight,  and  the  quan- 
tity of  the  goods.  Such  certificate  shall  be  given  to  said  person  and 
shall  be  given  by  him  only  to  the  owner  of  the  goods  or  his  agent 
when  he  unloads  the  same;  and  each  such  person,  on  request  and 
without  charge  therefor,  shall  permit  any  sealer  of  weights  and 
measures  of  any  town  to  examine  the  certificate  and  to  make  a  copy 
thereof. 


370  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  245.  Sealer  may  direct  goods  to  be  weighed. — A  sealer  of  weights 
and  measures  of  a  town  where  any  quantity  of  coke,  charcoal  or  coal 
for  delivery  is  found  may  direct  the  person  in  charge  of  the  goods 
to  convey  the  same  without  delay  or  charge  to  scales  designated  by 
such  sealer,  who  shall  there  determine  the  quantity  of  the  goods,  and, 
if  they  are  not  in  baskets  or  bags  as  required  by  section  two  hun- 
dred and  forty-one,  shall  determine  their  weight  together  with  the 
tare  weight,  and  shall  direct  said  person  to  return  to  such  scales 
immediately  after  unloading  the  goods;  and  upon  such  return,  the 
sealer  shall  determine  the  tare  weight.  The  scales  designated  by  the 
sealer  as  aforesaid  may  be  the  public  scales  of  the  town  or  any  other 
scales  therein  which  have  been  duly  tested  and  sealed,  and  shall  be 
such  scales  as  in  his  judgment  are  most  convenient. 

Sec.  246  (1901).  Record  to  be  kept  of  weights  and  measures. — Each 
sealer  of  weights  and  measures  of  a  town  and  each  sworn  weigher 
shall  keep  in  a  book  used  by  him  solely  for  that  purpose  a  record  of 
all  baskets  sealed  by  him  as  aforesaid,  and  of  all  weighings  and  de- 
terminations of  quantities  of  coke,  charcoal  or  coal  made  by  him  as 
aforesaid.  Such  record  shall  be  made  at  the  time  of  measuring  or 
weighing,  and  shall  state  the  day  and  hour  of  the  measuring  or 
weighing,  the  name  and  place  of  business  of  the  vendor,  the  name 
of  the  owner  of  the  baskets  or  of  the  purchaser  of  the  goods  as  given 
to  him  on  his  request  by  the  person  taking  charge  of  the  baskets  or 
goods  after  weighing  or  measuring,  the  capacity  of  the  baskets 
measured  or  quantity  of  goods  determined,  and  the  name  of  said 
person;  and,  in  the  case  of  a  reweighing  as  provided  in  the  preced- 
ing section,  shall  state  the  weight  as  given  in  the  certificate  and  as 
determined  by  him.  No  charge  shall  be  made  by  any  such  sealer  for 
anything  done  under  this  and  the  two  preceding  sections. 

Sec.  247  (al919).  Edgings  and  kindling  wood,  sale  of. — Edgings  or 
kindling  wood  shall  not  be  sold  in  bundles  unless  the  same  are  closely 
packed  and  are  not  less  than  twenty-seven  inches  in  circumference. 
Kindling  wood  may  be  sold  in  bulk  by  the  load ;  but  if  unpacked  shall 
not  be  sold  unless  by  measure  and,  if  exceeding  six  inches  in  length, 
shall  not  be  sold  in  bags  or  sacks. 

Sec.  248,  as  amended  by  Acts,  1923,  ch.  155,  p.  147.  Penalties;  enforce- 
ment of  law. — Whoever  violates  any  provision  of  sections  two  hun- 
dred and  forty  to  two  hundred  and  forty-seven,  inclusive,  except  as 
otherwise  provided  therein,  or  fails  to  comply  with  any  request  for 
information  or  direction  made  under  authority  of  sections  two  hun- 
dred and  forty,  two  hundred  and  forty-one,  two  hundred  and  forty- 
four  to  two  hundred  and  forty-six,  inclusive,  or  gives  a  false  answer 
to  any  such  request,  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollars ;  and  whoever  is  guilty  of  fraud  or  deceit  as  to  the  weighing, 
selling  or  delivering  of  coke,  charcoal  or  coal,  or  whoever,  by  him- 
self, or  by  his  servant,  agent  or  employee,  sells  or  delivers  coal  which 
is  short  in  weight  or  measure  or  which  contains  an  unreasonable 
amount  of  shale,  slate,  rock  or  other  foreign  substance,  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  or  both.  The  director  of 
standards  and  local  sealers  of  weights  and  measures  shall  cause  sec- 
tions two  hundred  and  forty  to  two  hundred  and  forty-nine,  inclu- 
sive, to  be  enforced. 


MASSACHUSETTS  371 

Sec.  249  (al920).  Penalty  for  having  illegal  coal,  etc.,  measures. — 
A  vendor  of  coal,  coke,  charcoal  or  kindling  wood,  who  has  in  his  pos- 
session a  basket,  bag,  sack  or  other  measure  which  does  not  conform  in 
every  particular  to  the  requirements  respecting  such  measure,  with 
intent  to  use  or  permit  it  to  be  used  in  measuring  coal,  coke,  charcoal 
or  kindling  wood  sold  or  offered  for  sale,  shall  be  punished  by  a  fine  of 
not  more  than  twenty  dollars,  and  such  basket,  bag,  sack  or  measure 
shall  be  destroyed. 

Sec.  249A,  as  enacted  by  Acts,  1923,  ch.  155,  p.  147.  Inspection  of 
coal. — The  department  of  public  health,  local  boards  of  health,  the 
director  of  standards  and  local  sealers  of  weights  and  measures,  by 
themselves  or  by  their  authorized  agents,  may  enter  each  place  where 
coal  is  stored  or  kept  for  sale  and  each  railroad  train  or  car  or  any 
vehicle  used  for  its  conveyance  and  may  inspect  said  coal  or  take  there- 
from samples  for  analysis  or  inspection.  Said  department  or  board 
shall  cause  each  sample  taken  to  be  analyzed,  inspected  or  otherwise 
satisfactorily  tested  and  shall  record  and  preserve  as  evidence  the 
results  thereof.  If,  in  the  opinion  of  said  department  or  board,  upon 
inspection,  analysis  or  other  satisfactory  test,  said  coal  is  unfit  for 
ordinary  use,  said  department,  or  said  board  with  the  approval  of  said 
department,  may  condemn,  seize  and  cause  the  same  to  be  destroyed 
forthwith  or  disposed  of  otherwise  than  for  ordinary  use.  All  money 
received  by  said  department  or  board  for  coal  disposed  of  as  afore- 
said, after  deducting  the  expenses  of  said  seizure  and  disposal,  shall 
be  paid  to  the  owner  of  such  coal. 

See.  249B,  as  enacted  by  Acts,  1923,  ch.  155,  p.  147.  Hindering  or 

obstructing  an  official ;  penalty Any  person  who  hinders,  obstructs  or 

interferes  with  the  department  of  public  health,  local  boards  of  health, 
the  director  of  standards,  local  sealers  of  weights  and  measures,  or 
their  authorized  agents,  in  the  performance  of  their  duty  under  the 
preceding  section,  shall  be  pumshed  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars  or  by  imprisonment  for 
not  less  than  one  month  nor  more  than  one  year,  or  both. 

Sec.  249C,  as  enacted  by  Acts,  1923,  ch.  "155,  p.  147.  Offering  con- 
demned coal  for  sale ;  penalty. — Whoever,  by  himself,  or  by  his  servant, 
agent  or  employee,  sells,  exposes  or  offers  for  sale,  or  has  in  his  cus- 
tody or  possession  with  intent  to  sell,  coal  condemned  under  the  pro- 
visions of  section  two  hundred  and  forty-nine  A  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  nor  more  than  one  thousand  dol- 
lars or  by  imprisonment  for  not  less  than  one  month  nor  more  than 
one  year,  or  both. 

Sec.  249D,  as  enacted  by  Acts,  1923,  ch.  155,  p.  147.  Offering  unfit  coal 
for  sale;  penalty. — Whoever,  by  himself,  or  by  his  servant,  agent  or 
employee,  sells,  exposes  or  offers  for  sale,  or  has  in  his  custody  or 
possession  with  intent  to  sell,  coal  unfit  for  ordinary  use  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars  or  by 
imprisonment  for  not  more  than  one  year,  or  both. 

Sec.  249E,  as  enacted  by  Acts,  1923,  ch.  155,  p.  147.  Selling  coal  with 
unreasonable  amount  of  foreign  matter ;  penalty. — Whoever,  by  himself, 
or  by  his  servant,  agent  or  employee,  in  placing  or  packing  coal  in 
any  basket,  bag,  sack  or  other  receptacle,  places  or  causes  to  be  placed 
therein  any  foreign  substance,  or  sells,  or  exposes  or  offers  for  sale, 
or  has  in  his  custody  or  possession  with  intent  to  fell,  coal  placed  or 
packed  in  a  basket,  bag,  sack  or  other  receptacle  containing  an  un- 


372  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

reasonable  amount  of  any  foreign  substance  sball  be  punished  by  a 
fine  of  not  more  than  one  thousand  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  both. 

Sec.  249F,  as  enacted  by  Acts,  1923,  ch.  155,  p.  147.  Enforcement. — 
The  department  of  public  health,  local  boards  of  health,  the  director 
of  standards  and  local  sealers  of  weights  and  measures  shall  cause  the 
five  preceding  sections  to  be  enforced. 

Sec.  250  (al911).  Commercial  fertilizers,  weight  to  be  marked  on 
label. — No  commercial  fertilizer  shall  be  sold  or  offered  or  exposed 
for  sale  without  a  plainly  printed  label  accompanying  it,  displayed 
in  the  manner  hereinafter  set  forth,  and  truly  stating  the  following 
particulars : 

1.  The  number  of  pounds  of  the  fertilizer  sold  or  offered  or  ex- 
posed for  sale. 

2.  The  name,  brand  or  trade  mark  under  which  the  fertilizer  is 
sold,    *     *     * 

3.  The  name  and  principal  address  of  the  manufacturer,  importer 
or  other  person  putting  the  fertilizer  on  the  market  in  the  Common- 
wealth.    *     *     * 

Sec.  265  (al920).  Quality  of  lime  and  casks. — No  stone  lime  manu- 
factured within  the  Commonwealth  shall  be  sold  or  exposed  for  sale, 
or  shipped  on  board  a  vessel  in  casks,  unless  it  is  well  burnt  and 
pure,  in  good  and  sufficient  new  casks  containing  either  one  hundred 
and  eighty  or  two  hundred  and  eighty  pounds  each,  made  of  well 
seasoned  heads  and  staves,  with  ten  good  and  sufficient  hoops  on  each 
cask,  well  driven  and  sufficiently  secured  with  nails  or  pins. 

Sec.  266  (1809).  Penalty  for  sale,  etc.,  of  certain  lime. — Whoever 
sells,  exposes  for  sale,  ships  or  receives  on  board  a  vessel  in  casks, 
any  lime  manufactured  in  the  Commonwealth,  other  than  such  as  is 
contained  in  casks  made  according  to  the  preceding  section  and 
marked  or  branded  as  provided  in  section  two  hundred  and  sixty- 
three,  shall  be  punished  by  a  fine  of  one  dollar  and  fifty  cents  for  each 
cask  sold,  exposed  for  sale,  shipped  or  received  on  board  a  vessel; 
but  sections  two  hundred  and  sixty-two  to  two  hundred  and  sixty- 
eight,  inclusive,  shall  not  restrain  any  person  from  retailing  lime  by 
the  bushel  or  other  quantity,  when  not  in  casks. 

Sec.  269  (al862).  Survey  of  marble,  etc. — The  aldermen  of  a  city  or 
selectmen  of  a  town  may  establish  regulations,  with  suitable  penalties, 
relative  to  the  appointment  of  a  surveyor  and  the  survey  and  meas- 
urement of  marble,  soapstone  and  freestone  of  every  description, 
foreign  or  domestic,  which  is  imported  or  brought  into  such  city  or 
town  for  sale. 

Sec.  278  (al892).  Mails  and  brads,  how  to  be  made  and  packed. — 
Wrought,  cut  or  wire  nails  and  brads  of  all  sizes  manufactured 
in  the  Commonwealth  shall  be  well  made,  packed  free  from  waste 
pieces  of  iron  unless  they  are  refuse  nails  or  brads,  and  free  from  any 
fraudulent  mixture  increasing  the  weight,  in  strong  and  sufficient 
casks  of  seasoned  timber,  well  hooped,  containing  not  more  than 
three  hundred  pounds  each. 

Sec.  279.  Casks,  how  to  he  branded. — Each  cask  of  wrought,  cut  or 
wire  nails  or  brads  shall  be  marked  or  branded  on  the  head  by  the 
manufacturer,  in  plain,  legible  letters  in  the  English  language,  with 
his  name  and  the  net  weight  of  the  contents  of  the  cask. 


MASSACHUSETTS  373 

Sec.  280.  Penalty  for  selling,  etc.,  casks,  etc.,  of  nails,  etc.,  not 
branded. — If  a  cask,  package  or  quantity  of  wrought,  cut  or  wire 
nails  or  brads,  manufactured  in  the  Commonwealth  or  elsewhere  and 
not  branded  or  marked  as  provided  in  the  preceding  section,  is  offered 
or  exposed  for  sale  within  the  Commonwealth  or  put  on  board  a  ves- 
sel or  vehicle,  unless  to  be  carried  out  of  the  Commonwealth,  it  shall 
be  forfeited. 

Sec.  281.  Penalty  for  counterfeiting  a  brand,  etc. — Whoever  counter- 
feits a  brand  used  or  intended  to  be  used  for  the  purpose  of  marking 
a  cask  of  nails  or  brads,  or  destroys  or  alters  a  mark  or  impression 
made  by  another's  brand  on  a  cask  of  wrought,  cut  or  wire  nails 
or  brads,  and  causes  a  different  impression  by  such  counterfeit  brand 
to  be  marked  or  impressed  thereon,  or  shifts  any  such  nails  or  brads 
from  one  branded  cask  to  another  and  thereby  avails  himself  of  an- 
other's brand,  shall  forfeit  twenty  dollars. 

Sec.  282.  Disposition  of  forfeitures. — All  forfeitures  recovered  under 
the  two  preceding  sections  shall  be  divided  equally  between  the 
informer  and  the  Commonwealth. 

Sec.  283  (1920).  Slot  machines  and  other  automatic  devices,  use  of, 
regulated. — No  person  shall  maintain  any  slot  machine  or  other  auto- 
matic device,  except  gas  meters,  electric  meters  and  telephones, 
which,  upon  the  deposit  therein  of  any  coin  or  other  article  of  value, 
furnishes  music  or  other  entertainment,  exhibits  pictures,  provides 
facilities  for  weighing,  supplies  any  merchandise  or  other  thing, 
or  renders  any  service,  or  is  represented  to  do  or  perform  any  of  the 
above-mentioned  things,  unless  such  machine  or  device  is  of  a  type 
approved  by  the  director  of  standards;  but  no  person  maintaining 
such  machine  or  device  with  respect  to  which,  or  to  the  operation, 
service  or  supplies  of  which,  there  is  any  element  of  chance  shall  be 
protected  or  be  entitled  to  immunity  from  prosecution  because  of 
such  approval. 

Sec.  284.  Penalty. — Whoever  installs  or  maintains  a  machine  or 
device  mentioned  in  the  preceding  section  which  is  of  a  type  not 
approved  as  therein  provided  shall,  if  such  machine  or  device  fails 
properly  to  respond  to  the  insertion  or  deposit  therein  of  a  coin  or 
other  article  of  value,  be  punished  by  a  fine  of  not  more  than 
twenty-five  dollars. 

Sec.  285  (al880).  Sewing  thread  to  be  labelled. — Each  manufacturer 
of  cotton,  linen  or  silk  sewing  thread,  and  each  person  engaged  in 
putting  up  such  thread  on  spools,  or  in  packages  of  four  ounces 
weight  or  less  not  wound  on  spools,  shall,  before  the  same  is  offered 
for  sale,  affix  to  or  impress  upon  each  spool  of  such  thread,  and  upon 
each  package  of  such  thread  not  wound  on  spools,  a  label  or  stamp 
plainly  and  conspicuously  designating  the  quantity  of  thread  which 
such  spool  or  package  contains,  either  by  giving  the  length  in  yards 
or  by  giving  the  weight. 

Sec.  286  (al878).  Penalty  for  neglect  to  affix  label. — Each  person 
referred  to  in  the  preceding  section  who  neglects  to  affix  a  correct 
label  to  or  to  impress  a  correct  stamp  upon  each  spool  and  package 
of  thread,  or  who  affixes  to  or  impresses  upon,  or  causes  or  suffers 
to  be  affixed  to  or  impressed  upon  any  spool  or  package  of  thread 
intended  for  sale,  a  label  or  stamp  specifying  that  such  spool  or 
package  contains  a  greater  number  of  yards  or  a  greater  quantity 


374  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

of  thread  by  five  per  cent  than  such  spool  or  package  does  contain, 
shall  forfeit  five  dollars  for  each  spool  or  package  so  without  a  label 
or  stamp  or  so  falsely  labelled  or  stamped  which  is  sold  or  delivered 
to  any  person  to  be  sold;  one  half  to  the  use  of  the  Commonwealth 
and  one  half  to  the  use  of  the  person  who  sues  therefor. 

Sec.  287  (al880).  Penalty  for  selling  thread  falsely  labelled. — A  mer- 
chant, jobber  or  trader  who  sells  or  offers  for  sale  cotton,  linen  or 
silk  sewing  thread,  put  up  either  on  spools,  or  in  packages  of  the 
weight  of  four  ounces  or  less  not  wound  on  spools,  which  is  not 
labelled  or  stamped,  or  which  is  falsely  labelled  or  stamped  as  re- 
gards length  or  quantity  by  an  amount  greater  than  five  per  cent 
of  the  true  length  or  quantity,  shall  be  liable  to  the  penalty  provided 
in  the  preceding  section. 

Sec.  288  (1878).  Certain  bobbins  exempted. — The  three  preceding 
sections  shall  not  apply  to  ready  wound  bobbins  of  thread  adapted 
for  use  in  sewing  machine  shuttles. 

Sec.  296  (al796).  Measurers  of  wood  and  bark. — A  town  and  the 
city  council  of  a  city  shall  annually  choose  one  or  more  measurers  of 
wood  and  bark,  who  shall  be  sworn  to  the  faithful  performance  of 
their  duties  and  shall  hold  office  during  the  year  and  until  others 
are  chosen  and  qualified  in  their  stead.  A  town,  by  vote  fixing  the 
number  to  be  chosen,  may  delegate  the  appointment  of  such  meas- 
urers to  the  selectmen. 

Sec.  297  (al920).  Measurers  may  act  in  adjoining  town. — Such  meas- 
urers may,0  in  the  manner  prescribed  for  measurers  of  lumber  in 
section  eight  of  chapter  ninety-six,  be  licensed  to  act  in  a  town  ad- 
joining that  for  which  they  are  elected  or  appointed. 

Sec.  298  (al921).  Cord  wood,  dimensions  of. — Cord  wood  exposed  for 
sale  shall  be  four  feet  in  length,  including  half  the  kerf.  The  term 
"firewood"  shall  be  construed  to  mean  and  include  wood  cut  to  any 
lengths  of  less  than  four  feet.  The  standard  unit  of  measure  for 
cord  wood  or  firewood  shall  be  the  "cord"  of  one  hundred  and 
•twenty-eight  cubic  feet  consisting  of  or  equivalent  to  a  pile,  closely 
stacked,  eight  feet  in  length,  four  feet  in  width  and  four  feet  in 
height. 

Sec.  299  (al921).  Penalty  for  selling  wood,  etc.,  not  measured. — Who- 
3ver,  except  as  otherwise  provided,  sells  cord  wood  or  firewood,  shall 
cause  a  certificate  or  memorandum  to  be  issued  and  delivered  to  the 
purchaser  or  his  agent  at  the  time  of  delivery  of  the  wood,  or  as 
soon  thereafter  as  practicable.  Such  certificate  or  memorandum 
shall  include  the  names  and  addresses  of  the  seller  and  of  the  pur- 
chaser, and  a  statement  of  the  quantity  of  wood  delivered,  in  terms 
of  cords  or  of  cubic  feet.  Whoever  violates  any  provision  of  this  or 
the  preceding  section  shall  be  punished  by  a  fine  of  not  more  than 
fifty  dollars. 

Sec.  300  (al796).  Fees  of  measurers. — Measurers  of  wood  and  bark 
shall  be  entitled  to  such  fees  for  their  services  as  the  aldermen  or 
selectmen  shall  establish;  and  the  fees  shall  in  each  case  be  paid  to 
the  measurer  by  the  driver  and  shall  be  repaid  by  the  purchaser. 

Sec.  301  (al830).  Measurement  of  water-borne  wood. — Cord  wood 
brought  by  water  into  a  town  for  sale,  and  landed,  shall  be  measured 
by  a  public  measurer ;  and  for  that  purpose  the  wood  shall  be  corded 
and  piled  by  itself  in  ranges,  making  up  in  height  what  is  wanting 


MASSACHUSETTS  375 

in  length,  and,  being  so  measured,  a  ticket  shall  be  given  to  the  pur- 
chaser, who  shall  pay  the  stated  fees  for  such  service.  Towns  may 
establish  ordinances  and  by-laws,  with  suitable  penalties,  for  the 
inspection,  survey,  measurement  and  sale  of  wood  and  bark  for  fuel 
brought  therein  for  sale,  and  may  also  provide  for  the  appointment 
of  inspectors,  surveyors  and  other  officers  and  establish  their  fees. 

Sec.  302  (1799).  Tickets  showing  quantity  in  load;  certain  sections 
not  to  apply. — Each  wharfinger,  carter  or  driver  who  conveys  fire- 
wood or  bark  from  a  wharf  or  landing  place  shall  be  furnished  by 
the  owner  or  seller  with  a  ticket  certifying  the  quantity  which  the 
load  contains  and  the  name  of  the  driver ;  and  if  firewood  or  bark  is 
thus  conveyed  without  such  ticket  accompanying  the  same,  or  if  a 
driver  refuses  to  produce  and  show  such  ticket  to  any  sworn  measurer 
on  demand,  or  to  give  his  consent  to  have  the  same  measured,  or  if 
such  ticket  certifies  a  greater  quantity  of  wood  or  bark  than  the  load 
contains  in  the  opinion  of  such  measurer  after  measuring  the  same, 
the  driver  and  owner  shall  for  each  load  thereof  severally  forfeit  five 
dollars.  Sections  two  hundred  and  ninety-six  to  three  hundred  and 
three,  inclusive,  shall  not  apply  to  a  person  who  transports  or  carts 
or  causes  to  be  transported  or  carted  from  a  wharf  or  landing  place 
to  his  own  dwelling  house  or  store  cord  wood  or  bark  which  he  has 
purchased  on  a  wharf  or  landing  place,  or  which  he  has  landed 
thereon  upon  his  own  account. 

Sec.  303  (al891).  Inspection  and  sale  of  bark,  slabs,  etc. — The  city 
council  of  a  city  may  establish  ordinances,  with  suitable  penalties 
not  exceeding  five  dollars  for  any  one  violation  thereof,  for  the 
regulation  of  the  sale  of  prepared  wood,  slabs  and  edgings  for  fuel, 
when  sold  by  the  load,  and  for  the  inspection,  survey,  measurement 
and  sale  of  bark  for  fuel  or  manufacturing  purposes  brought  into 
said  city  for  sale,  whether  the  same  is  exposed  for  sale  in  ranges  or 
upon  a  vehicle;  and  said  city  may  provide  for  the  appointment  of 
such  survej^ors,  inspectors  and  other  officers  as  may  be  necessary  to 
carry  into  effect  said  ordinances  and  may  establish  their  fees. 

Sec.  305  (1919).  Penalty  for  fraud  in  packing  certain  commodities. — 
Whoever,  with  intent  to  defraud  or  injure,  in  baling  or  in  packing 
in  any  container  any  commodity  sold  by  weight,  including  wool, 
leather,  cotton,  waste,  rags  and  paper,  places  therein  any  substance 
foreign  to  the  contents  thereof  shall  be  punished  for  the  first  offence 
by  a  fine  of  not  more  than  one  hundred  dollars,  for  the  second  offence 
by  a  fine  of  not  more  than  two  hundred  dollars,  and  for  a  subsequent 
offence  by  a  fine  of  fifty  dollars  and  imprisonment  for  not  less  than 
one  nor  more  than  three  months. 

Gen.  Laws,  1921,  Vol.  1,  ch.  96,  p.  955. 

Sec.  7  (al920).  Measurers  of  lumber  in  cities  and  towns. — Towns  may 
annually  elect  one  or  more  measurers  of  lumber,  who  shall  be  sworn 
to  the  faithful  performance  of  their  duties,  and  cities  may  by 
ordinance  provide  for  the  annual  appointment  of  such  measurers. 

Sec.  8.  Measurers  may  be  licensed  to  act  in  adjoining  towns. — A  meas- 
urer of  lumber  in  any  town  may  apply  to  the  selectmen  of  an  ad- 
joining town  for  a  license  to  measure  lumber  therein,  and  if  the 
selectmen  are  of  the  opinion  that  it  will  be  for  the  public  convenience 
they  may,  upon  payment  of  a  fee  not  exceeding  one  dollar,  grant 
such  license,  and  may  limit  the  territory  in  which  such  license  may 


376  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

be  exercised.  Such  a  license  shall  remain  in  force  while  the  licensee 
holds  the  office  of  measurer  in  the  town  for  which  he  was  chosen, 
but  not  later  than  the  next  annual  town  meeting  of  said  town. 

Sec.  9,  as  amended  by  Acts,  1924,  cli.  258,  p.  241.  Penalty  for  fraud 
in  surveying. — A  measurer  of  lumber  for  any  city  or  town  who  is 
guilty  of  or  connives  at  a  fraud  or  deceit  in  measuring,  marking  or 
numbering  the  contents  of  any  kind  of  wood  or  lumber,  or  who,  when 
lawfully  requested,  refuses  without  good  reason  to  measure  lumber, 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars. 

Sec.  10,  as  amended  by  Acts,  1924,  ch.  258,  p.  241.  Penalty  for  fraud 
of  purchaser  or  seller. — A  seller  or  purchaser  of  lumber  who  induces 
or  attempts  to  induce  a  measurer  to  make  a  false  measurement  shall 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two 
hundred  dollars. 

Sec.  11,  as  amended  by  Acts,  1924,  ch.  258,  p.  241.  Penalty  for  misrep- 
resentation of  authority.- — Whoever  without  authority  represents  him- 
self to  be  an  official  measurer  of  lumber  of  any  city  or  town  shall  be 
punished  by  a  fine  or  not  less  than  fifty  nor  more  than  two  hundred 
dollars. 

Gen.  Laws,  1921,  Vol.  1,  ch.  41,  p.  309. 

Sec.  85  (1918).  Weighers,  measurers  and  surveyors  of  commodities; 
appointment,  qualification  and  term  of  office. — The  mayor  or  the  select- 
men, on  the  written  request  of  any  person  engaged  in  buying,  selling 
or  transporting  goods  or  commodities  which  require  weighing,  sur- 
veying or  measuring,  shall  appoint  weighers,  measurers  or  surveyors 
of  such  goods  or  commodities,  who  shall  be  sworn  before  entering 
upon  their  duties,  shall  serve  for  one  year,  and  may  be  removed  at 
any  time  by  the  appointing  authority.  At  least  one  such  weigher, 
measurer  and  surveyor  in  each  town  shall  not  be  engaged  in  the  bus- 
iness of  buying,  selling  or  transporting  the  goods  or  commodities 
weighed,  measured  or  surveyed  by  him,  but  no  person  shall  be  in- 
eligible for  appointment  because  of  sex  or  because  of  residence  else- 
where than  in  the  town  where  appointed,  notwithstanding  any  pro- 
visions to  the  contrary  in  any  general  or  special  act. 

Sec.  88  (al919).  Duties  and  obligations. — All  persons  appointed 
under  the  preceding  section  shall  keep  accurate  records,  in  the  form 
prescribed  by  the  director  of  standards,  of  all  weighings,  measure- 
ments or  surveys  made  by  them,  which  shall  at  all  reasonable  times 
be  open  to  inspection  by  said  director  and  his  inspectors  and  by  the 
local  sealer  of  weights  and  measures.  If  any  person  so  appointed 
shall  wilfully  misrepresent  the  weight,  quantity  or  measurements  of 
any  goods  weighed,  measured  or  surveyed  by  him,  he  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars. 

Sec.  87  (1918).  Not  to  affect  weighers  of  particular  commodities. — 
The  two  preceding  sections  shall  not  affect  the  provisions  of  law  for 
the  appointment  of  weighers,  measurers  or  surveyors  of  particular 
commodities. 

Sec.  88  (1888).  Weighers  of  fish. — The  mayor  of  each  city,  and  the 
selectmen  of  each  town,  where  salt-water  fish  are  landed  from  ves- 
sels, shall  annually  appoint  a  public  weigher  of  fish,  to  hold  office  for 
one  year  from  the  time  of  his  appointment  and  until  his  successor  is 
appointed,  who  shall  be  sworn  to  the  faithful  performance  of  his 


MASSACHUSETTS  377 

official  duties  and  shall  give  bond,  with  sureties,  in  the  sum  of  five 
thousand  dollars. 

Sec.  89.  Deputy  weighers. — A  public  weigher  of  fish  may  appoint, 
subject  to  the  approval  of  the  mayor  or  the  chairman  of  the  select- 
men, deputy  weighers,  for  whose  official  conduct  he  shall  be  answer- 
able, who  shall  be  sworn,  and  from  each  of  whom  such  weigher  shall 
require  a  bond,  with  sureties,  in  the  sum  of  one  thousand  dollars. 
The  weigher  and  his  deputies  shall  not  be  interested  directly  or  in- 
directly in  the  buying  or  selling  of  fish. 

Sec.  90.  Penalty  for  violating  oath  of  office. — A  weigher  or  any  of  his 
deputies  who  violates  his  oath  of  office  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars,  and 
shall  forfeit  his  office. 

Gen.  Laws,  1921,  Vol.  2,  ch.  142,  p.  1454. 

Sec.  17  (1916).  Marking,  sale,  etc.,  of  range  boilers. — No  range  boiler 
shall  be  sold  or  offered  for  sale  unless  its  capacity  is  plainly 
marked  thereon  in  terms  of  Massachusetts  standard  liquid  measure, 
and  with  the  maker's  business  name,  in  such  manner  as  to  be  easily 
identified. 

Sec.  19  (al917).  Penalty;  inspectors  of  plumbing  shall  enforce. — 
Whoever  sells  or  offers  or  exposes  for  sale  any  range  boiler  not  marked 
or  stamped  as  provided  in  the  two  preceding  sections,  or  which  is 
falsely  marked  as  having  a  capacity  which  is  greater  by  seven  and 
one-half  per  cent  than  its  true  capacity,  or  who  marks  or  causes  the 
same  to  be  marked  with  such  false  capacity,  shall  be  punished  by  a 
fine  not  exceeding  fifty  dollars.  The  inspectors  of  plumbing  within 
their  respective  cities  and  towns  shall  cause  this  and  the  two  preced- 
ing sections  to  be  enforced. 

Sec.  20  (1916).  Certain  range  boilers  exempt. — This  act  shall  not 
apply  to  the  sale  or  offering  for  sale  of  installed  range  boilers  or 
to  the  sale  or  offering  for  sale  of  range  boilers  as  junk. 

Gen.  Laws,  1921,  Vol.  1,  ch.  95,  p.  954. 

Sec.  1  (al919).  Measurers  of  leather,  appointment,  etc. — The  mayor 
of  a  city  or  the  selectmen  of  a  town,  upon  the  request  of  two  or  more 
voters  thereof,  shall  annually  appoint  one  or  more  measurers  of 
leather  who  have  been  certified  by  the  director  of  standards  as  fit 
persons  for  such  appointment,  and  who  shall  be  sworn  to  the  faithful 
performance  of  their  duty.  The  director  of  standards  may  at  any 
time,  for  cause,  revoke  such  certificate  of  fitness,  and  such  revoca- 
tion shall  immediately  render  such  appointment  void. 

Sec.  2  (al913).  Measurers  may  act  in  any  city  or  town. — A  measurer 
of  leather  for  one  town  may  measure  leather  in  any  other  town. 

Sec.  3.  Duties  of  measurer. — Each  measurer,  upon  request,  shall  go 
to  any  place  within  the  town  for  which  he  is  appointed  and  there 
ascertain  the  area  of  each  skin  or  side  or  other  portion  of  leather 
submitted  to  him.  For  this  purpose,  he  shall  use  onty  such  racks, 
measures  or  mechanical  devices  as  have  been  legally  tested  and  sealed, 
and  shall  mark  or  cause  each  skin  or  side  or  other  portion  of  leather 
to  be  marked  with  indelible  figures  giving  the  measurement  thereof 
in  square  feet,  including  fractions  as  small  as  one-quarter  of  a  foot. 
After  the  area  of  any  skin  or  side  or  other  portion  of  leather  has 
been  determined  as  aforesaid,  it  shall  be  permissible  to  add  one-quar- 


378  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

ter  of  a  foot  to  such  measurement  for  any  remaining  fraction  greater 
than  one-eighth  of  a  foot;  but  no  such  remaining  fraction  of  less 
than  one-eighth  of  a  foot  shall  be  added  or  included  in  such  measure- 
ment. 

Sec.  4.  Penalty  for  selling  leather  not  measured,  etc. — Whoever  sells 
or  offers  leather  for  sale  by  measure  shall  cause  the  same  to  be 
measured  by  a  sworn  measurer  unless  such  leather  has  previously 
been  measured  by  a  sworn  measurer  of  a  town  in  the  Commonwealth, 
or  by  some  person  lawfully  appointed  therefor  in  any  other  State, 
or  unless  the  measurement  thereof  has  been  expressly  waived  in 
writing  by  the  buyer  and  seller  thereof.  Whoever  violates  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars. 

Sec.  5.  Penalty  for  altering  or  counterfeiting  measurers'  marks. — 
Whoever  counterfeits  or  causes  to  be  counterfeited,  or,  not  being 
a  sworn  measurer,  alters  or  defaces  with  intent  to  deceive,  a  meas- 
urer's marks  on  a  skin  or  side  or  other  portion  of  leather  shall  be 
punished  by  a  fine  of  twenty-five  dollars. 

Gen.  laws,  1921,  Vol.  1,  ch.  97,  p.  957. 

Sec.  3  (1871).  Annual  test  of  surveyors'  apparatus;  penalty. — All 
apparatus  for  linear  measurements  used  by  a  land  surveyor  shall  be 
annually  tested  and  proved  by  the  sealer  of  weights  and  measures 
in  the  town  where  such  surveyor  resides  or  has  his  office,  and  all  chains, 
tapes  or  other  apparatus  used  for  linear  measurements  which  can  not 
be  made  to  conform  to  the  standard  shall  be  marked  "  condemned," 
or  "  CD,"  by  said  sealer,  and  any  surveyor  who  thereafter  uses  for 
measuring  land  any  such  apparatus  shall  be  punished  by  a  fine  of 
twenty  dollars. 

Sec.  4.  Appointment  of  person  other  than  sealer  to  make  test. — The 
mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town  may  appoint 
a  suitable  person,  other  than  the  sealer  of  weights  and  measures,  to 
test,  prove  and  mark  the  measuring  apparatus  of  land  surveyors. 

Sec.  5.  Tests  to  be  based  on  State  standards. — The  standards  used  for 
such  tests  shall  be  based  upon  and  shall  correspond  to  the  standards 
furnished  by  the  Commonwealth  to  sealers  of  weights  and  measures. 

Sec.  6.  Fees  for  testing. — The  fees  for  such  testing  and  proof  of 
each  article  of  apparatus  shall  be  twenty-five  cents,  and  shall  be 
paid  by  the  person  presenting  the  apparatus  for  test. 

Gen.  laws,  1921,  Vol.  2,  ch.  253,  p.  2629. 

Sec.  63  (al795).  Millers  to  keep  scales,  etc. — A  miller  occupying 
and  using  a  grist  mill  who  neglects  to  provide  himself  with  scales 
and  weights  or  a  vibrating  steelyard  to  weigh  corn,  grain  and  meal 
to  and  from  the  mill,  when  required,  or  who  refuses  so  to  weigh  corn, 
grain  or  meal  when  required,  shall  for  each  offence  forfeit  to  any 
person  who  sues  therefor  not  more  than  five  dollars. 

Gen.  laws,  1921,  Vol.  1,  ch.  101,  p.  975. 

Sec.  1,  as  amended  by  Acts,  1923,  ch.  102,  p.  53.  Transient  vendor  de- 
fined.— "Transient  vendor"  for  the  purposes  of  this  chapter  shall 
mean  and  include  any  person,  either  principal  or  agent,  who  engages 
in  a  temporary  or  transient  business  in  the  Commonwealth,  either 


MASSACHUSETTS  379 

in  one  locality  or  in  traveling  from  place  to  place  selling  goods, 
wares  or  merchandise. 

"  Temporary  or  transient  business "  for  the  purposes  of  this 
chapter  shall  mean  and  include  any  exhibition  and  sale  of  goods, 
wares  or  merchandise  which  is  carried  on  in  any  tent,  booth,  build- 
ing or  other  structure,  unless  such  place  is  open  for  business  during 
usual  business  hours  for  a  period  of  at  least  nine  months  in  each 
year. 

Sec.  2,  as  amended  by  Acts,  1923,  ch.  102,  p.  53.  Limit  of  application  of 
chapter. — The  provisions  of  this  chapter  relative  to  transient  vendors 
shall  not  apply  to  sales  by  commercial  travelers  or  by  selling  agents 
to  dealers  in  the  usual  course  of  business,  or  to  bona  fide  sales  at 
wholesale  of  goods,  wares  or  merchandise  by  sample  for  future 
delivery,  or  to  sales  of  goods,  wares  or  merchandise  by  any  person, 
whether  principal  or  agent,  who  engages  in  temporary  or  transient 
business  in  any  town  in  which  taxes  have  been  assessed  upon  his 
stock  in  trade  during  the  current  year,  or  to  hawkers  and  peddlers  as 
defined  in  section  thirteen,  nor  shall  they  affect  the  right  of  any 
town  to  pass  ordinances  or  by-laws  authorized  by  law  relative  to 
transient  vendors.  No  transient  vendor  shall  be  relieved  or  ex- 
empted from  the  provisions  and  requirements  of  this  chapter  rela- 
tive to  transient  vendors  by  reason  of  associating  himself  tem- 
porarily with  any  local  dealer,  trader  or  merchant,  or  by  conduct- 
ing such  temporary  or  transient  business  in  connection  with  or  as 
a  part  of  the  business  of,  or  in  the  name  of  any  local  dealer,  trader 
or  merchant. 

Sec.  3  (al920).  State  license,  deposit  and  fee. — Every  person  intend- 
ing to  become  a  transient  vendor,  whether  as  principal  or  agent,  shall, 
before  commencing  business  in  the  Commonwealth,  make  written  ap- 
plication, under  oath,  for  a  State  license  to  the  director  of  standards, 
in  this  chapter  called  the  director,  stating  the  names  and  residences 
of  the  owners  or  parties  in  whose  interest  said  business  is  to  be  con- 
ducted, and  shall  make  a  special  deposit  of  five  hundred  dollars  with 
the  director  or  shall  give  a  bond  in  the  sum  of  five  hundred  dollars, 
payable  to  the  director  and  his  successors,  with  sureties  approved  by 
the  director,  conditioned  upon  (1)  compliance  with  the  provisions  of 
this  chapter  relative  to  transient  vendors,  (2)  payment  of  all  fines 
or  penalties  incurred  by  him  through  violations  of  such  provisions, 
and  (3)  payment  or  satisfaction  of  any  judgment  obtained  against 
him  in  behalf  of  any  creditor  whose  claim  arises  in  connection  with 
the  business  done  under  the  licensee's  State  license  and  who,  before 
the  expiration  of  sixty  days  from  the  return  or  surrender  of  said 
license  or  the  filing  of  an  affidavit  of  its  loss,  shall  have  given  due 
notice  of  his  claim  to  the  director.  Thereupon,  upon  the  payment 
of  a  fee  of  twenty-five  dollars,  the  director  shall  issue  to  him  a  State 
license  authorizing  him  to  do  business  as  a  transient  vendor.  Such 
license  shall  expire  one  year  from  the  date  thereof  or  on  the  day  of 
its  surrender  or  of  the  filing  of  an  affidavit  of  its  loss,  if  it  is  earlier 
surrendered  or  if  such  affidavit  is  earlier  filed.  Such  license  shall 
contain  a  copy  of  the  application  therefor  and  of  any  statements 
required  under  section  seven,  and  shall  not  be  transferable.  It  shall 
not  authorize  more  than  one  person  to  sell  goods,  wares  or  mer- 
chandise as  a  transient  vendor  either  by  agent  or  clerk  or  in  any 


380  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

other  way  than  in  his  own  proper  person,  but  a  licensee  may  have  the 
assistance  of  one  or  more  persons  in  conducting  his  business  who  may 
aid  him  but  not  act  for  or  without  him. 

Sec.  4  (al919).  Application  for  license  to  be  filed. — The  director  shall 
keep  on  file  all  applications  for  such  licenses  and  a  record  of  all 
licenses  issued  thereon.  All  files  and  records  of  the  director  and  of 
the  respective  town  clerks  shall  be  in  convenient  form  and  open  to 
public  inspection. 

Sec.  5  (al920).  Local  license  and  fee. — Every  transient  vendor,  before 
making  any  sales  of  goods,  wares  or  merchandise  in  a  town,  shall  make 
application  to  the  aldermen  or  selectmen  or  other  board  authorized 
to  issue  such  licenses  and,  unless  the  fee  therefor  is  fixed  as  herein- 
after provided,  shall  file  Avith  them  a  true  statement,  under  oath,  of 
the  average  quantity  and  value  of  the  stock  of  goods,  wares  and  mer- 
chandise kept  or  intended  to  be  kept  or  exposed  by  him  for  sale. 
Said  board  shall  submit  such  statement  to  the  assessors  of  the  town, 
who  after  such  examination  and  inquiry  as  they  deem  necessary,  shall 
determine  such  average  quantity  and  value,  and  shall  forthwith 
transmit  a  certificate  thereof  to  said  board.  Thereupon  the  board 
shall  authorize  the  town  clerk,  upon  the  payment  by  the  applicant 
of  a  fee  equal  to  the  taxes  assessable  in  said  town  under  the  last  pre- 
ceding tax  levy  therein  upon  an  amount  of  property  of  the  same  valu- 
ation, to  issue  to  him  a  license  authorizing  the  sale  of  such  goods, 
wares  and  merchandise  within  the  town.  The  board  may,  however, 
authorize  the  issue  of  such  license  without  the  filing  of  said  statement 
as  aforesaid,  upon  the  payment  of  a  license  fee  fixed  by  it.  Upon 
payment  of  such  fee,  said  town  clerk  shall  thereupon  issue  such 
license,  which  shall  remain  in  force  so  long  as  the  licensee  shall  con- 
tinuously keep  and  expose  for  sale  in  such  town  such  stock  of  goods, 
wares  or  merchandise,  but  not  later  than  the  first  day  of  April  fol- 
lowing its  date.  Upon  such  payment  and  proof  of  payment  of  all 
other  license  fees,  if  any,  chargeable  upon  local  sales,  such  town  clerk 
shall  record  the  State  license  of  such  transient  vendor  in  full,  shall 
endorse  thereon  "  local  license  fees  paid  "  and  shall  affix  thereto  his 
official  signature  and  the  date  of  such  endorsement. 

Sec.  6.  Penalty  for  neglect  to  file  statement. — Any  transient  vendor 
who  neglects  or  refuses  to  file  the  statement  described  in  the  preced- 
ing section,  if  required  by  the  aldermen,  selectmen  or  other  like 
board,  or  makes  a  false  or  fraudulent  representation  therein,  shall  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  twenty  dollars 
for  each  day  on  which  he  keeps  or  exposes  for  sale  any  goods,  wares 
or  merchandise. 

Sec.  7.  Bankrupt  sales,  etc.,  regulated. — No  transient  vendor  shall 
advertise,  represent  or  hold  forth  any  sale  as  an  insurance,  bankrupt, 
insolvent,  assignee's,  trustee's,  executor's,  administrator's,  receiver's, 
wholesale,  manufacturers'  wholesale  or  closing-out  sale,  or  as  a  sale 
of  any  goods  damaged  by  smoke,  fire,  water  or  otherwise  or  in  any 
similar  form,  without  first  making  a  sworn  statement  to  the  director, 
either  in  the  original  application  for  a  State  license  or  in  a  supple- 
mentary application,  of  all  the  facts  relating  to  the  reasons  for  and 
character  of  such  special  sale  so  advertised  or  represented,  and  of 
the  names  of  the  persons  from  whom  the  goods,  wares  or  merchan- 
dise were  obtained,  the  date  of  delivery  to  the  person  applying  for 


MASSACHUSETTS  381 

or  holding  the  license,  the  place  from  which  said  goods,  wares  or 
merchandise  were  last  taken,  and  all  details  necessary  to  exactly 
locate  and  fully  identify  all  such  goods,  wares  or  merchandise. 

Sec.  8.  Selling  without  license,  etc.,  prohibited. — No  transient  vendor 
shall  sell  or  expose  for  sale,  at  public  or  private  sale,  any  goods, 
wares  or  merchandise  without  State  and  local  licenses  therefor, 
properly  endorsed,  nor  shall  any  person,  either  principal  or  agent, 
advertise  by  circular,  hand-bill,  newspaper  or  in  any  other  manner 
any  such  unlicensed  sales.  No  transient  vendor  shall  file  any  appli- 
cation, original  or  supplementary,  containing  any  false  statement. 

Sec.  9  (al902).  Penalty. — Violations  of  section  seven  or  eight  shall 
be  punished  by  a  fine  of  not  more  than  fifty  dollars  or  by  imprison- 
ment for  not  more  than  two  months,  or  both. 

Sec.  10  (1890).  Action  for  recovery  of  local  license  fee. — If  a  person 
liable  for  the  license  fee  required  by  section  five  refuses  or  neglects  to 
pay  the  same  after  demand  by  the  clerk  of  the  town  in  which  he  in- 
tends to  sell  goods,  wares  and  merchandise,  the  clerk  may  maintain  an 
action  of  contract  therefor  in  his  own  name  for  the  benefit  of  such 
town. 

Sec.  11  (al920).  Return,  surrender  of  license  and  filing  certificate  of 
its  loss. — Upon  the  expiration  and  return,  or  surrender  before  expira- 
tion, of  each  State  license,  the  director  shall  cancel  the  same,  endorse 
the  date  of  return  or  surrender  thereon,  and  place  the  same  on  file. 
If  a  license  is  lost  he  may  accept  in  lieu  of  the  return  or  surrender 
thereof  an  affidavit  to  that  effect,  which  shall  be  so  endorsed  and 
filed.  He  shall  hold  the  special  deposit  of  the  licensee  for  sixty  days 
after  the  return  or  surrender  of  the  license  or  the  filing  of  such 
affidavit  and,  after  satisfying  or  making  provision  in  accordance  with 
the  following  section  for  all  claims  made  upon  the  same  under  said 
section,  shall  return  the  surplus,  if  any,  to  said  licensee;  or,  if  said 
licensee  has  given  a  bond  in  lieu  of  said  deposit,  the  director  shall, 
after  said  sixty  days  and  after  all  claims  made  under  the  following 
section  have  been  satisfied  or  settled,  cancel  said  bond  and  notify 
said  licensee  and  the  surety  on  said  bond. 

Sec.  12  (al919).  Special  deposit  and  bond  attachable,  when. — Each 
deposit  made  with  the  director  shall,  during  the  term  of  the  licensee's 
license  and  for  sixty  days  after  the  return  or  surrender  thereof  or  the 
filing  of  an  affidavit  of  its  loss,  be  subject  to  attachment  and  execution 
in  behalf  of  any  creditor  of  the  licensee  whose  claim  arises  in  connec- 
tion with  the  business  done  under  his  State  license  and  who  gives 
notice  of  such  claim  to  the  director  during  such  period,  and  the  direc- 
tor may  be  held  to  answer  as  trustee,  under  the  trustee  process,  in  any 
civil  action  in  contract  or  tort  brought  against  said  licensee  for  such 
claim  and  shall  pay  over  upon  execution  such  amount  of  money  as 
he  may  be  chargeable  with  upon  his  answer.  Said  deposit  shall  also 
be  subject  to  the  payment  of  any  fine  or  penalty  imposed  on  the 
licensee  for  violation  of  any  provision  of  the  eleven  preceding  sec- 
tions; provided,  that  written  notice  of  the  name  of  said  licensee 
and  of  the  amount  of  such  fine  or  penalty  is  given  during  such  period 
to  the  director  by  the  clerk  of  the  court  in  which,  or  the  trial  justice 
by  whom,  such  fine  or  penalty  was  imposed.  No  payment  of  any 
part  of  said  deposit  shall  be  made  to  the  licensee  unless  so  much 
thereof  is  retained  as  is  required  to  discharge  all  claims,  fines  and 


382  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

penalties  of  which  notices  have  been  given  to  the  director  as  herein 
provided  and  which  remain  undecided  or  unpaid.  Upon  the  giving 
of  notice  as  herein  provided,  a  bond  given  in  lieu  of  such  deposit  may 
be  put  in  suit  by  any  such  creditor  to  recover  the  amount  of  such 
claim  or  by  any  such  clerk  of  court  or  trial  justice  to  recover  the 
amount  of  such  fine  or  penalty.  If  the  licensee  has  made  a  deposit, 
the  director  shall,  until  said  deposit  is  exhausted,  pay  or  make  pro- 
vision for  the  payment  of  all  such  claims,  fines  and  penalties  in  the 
order  in  which  notices  thereof  were  received  by  him.  If  the  licensee 
has  given  a  bond,  the  order  in  which  persons  entitled  to  all  such 
claims,  fines  and  penalties  shall  recover  on  the  bond  shall,  until  the 
penal  sum  of  the  bond  is  exhausted,  be  determined  by  the  order  in 
which  notices  thereof  were  received  by  the  director. 

Sec.  13  (al920).  Definition  of  "hawker"  and  "  peddler."— Except  as 
hereinafter  expressly  provided,  the  terms  "  hawker  "  and  "  peddler  "  as 
used  in  this  chapter  shall  mean  and  include  any  person,  either  princi- 
pal or  agent,  who  goes  from  town  to  town  or  from  place  to  place  in  the 
same  town  selling  or  bartering,  or  carrying  for  sale  or  barter  or  ex- 
posing therefor,  any  goods,  wares  or  merchandise,  either  on  foot,  on 
or  from  any  animal  or  vehicle. 

Sec.  14.  Hawker  or  peddler  prohibited  from  selling,  etc. — A  hawker  or 
peddler  who  sells  or  barters  or  carries  for  sale  or  barter  or  exposes 
therefor  any  goods,  wares  or  merchandise,  except  as  permitted  by 
this  chapter,  shall  forfeit  not  more  than  two  hundred  dollars,  to  be 
equally  divided  between  the  Commonwealth  and  the  town  in  which 
the  offence  was  committed. 

Sec.  15.  Limit  of  application. — The  provisions  of  this  chapter  relat- 
ing to  hawkers  and  peddlers  shall  not  apply  to  wholesalers  or  jobbers 
having  a  permanent  place  of  business  in  the  Commonwealth  and  sell- 
ing to  dealers  only,  nor  to  commercial  agents  or  other  persons  selling 
by  sample,  lists,  catalogues  or  otherwise  for  future  delivery,  nor  to 
any  person  who  peddles  only  fish  obtained  by  his  own  labor  or  that  of 
his  family,  fruits,  vegetables  or  other  farm  products  raised  or  pro- 
duced by  himself  or  his  family,  nor  to  persons  selling  articles  for 
charitable  purposes  under  section  thirty-three. 

Sec.  16  (al916).  Selling  of  certain  articles  prohibited. — The  sale  by 
hawkers  or  peddlers  of  jewelry,  furs,  wines,  spirituous  liquors  and 
playing  cards  is  prohibited. 

Sec.  17,  as  amended  by  Acts,  1923,  ch.  285,  p.  259.  Selling  of  certain 
articles  permitted  without  a  license,  etc. — Hawkers  and  peddlers  may 
sell  without  a  license  books,  newspapers,  pamphlets,  fuel  except 
coal  and  coke,  provisions,  yeast,  ice,  live  animals,  brooms,  agricul- 
tural implements,  hand  tools  used  in  making  boots  and  shoes,  gas 
or  electric  fixtures  and  appliances,  flowering  plants  and  all  flowers, 
fruits,  nuts  and  berries  that  are  uncultivated.  The  aldermen  or 
selectmen  may  by  regulations,  not  inconsistent  with  this  chapter, 
regulate  the  sale  or  barter,  and  the  carrying  for  sale  or  barter  or 
exposing  therefor,  by  hawkers  and  peddlers,  of  said  articles  without 
the  payment  of  any  fee;  may  in  like  manner  require  hawkers  and 
peddlers  of  fish,  fruit  and  vegetables  to  be  licensed  except  as  other- 
wise provided,  and  may  make  regulations  governing  the  same, 
provided  that  the  license  fee  does  not  exceed  that  prescribed  by 
section  twenty-two   for   a  license  embracing  the  same  territorial 


MASSACHUSETTS  383 

limits ;  and  may  in  like  manner  affix  penalties  for  violations  of  such 
regulations  not  to  exceed  the  sum  of  twenty  dollars  for  each  such 
violation.  A  hawker  and  peddler  of  fish,  fruit  and  vegetables 
licensed  under  this  section  need  not  be  licensed  under  section  twenty- 
two. 

Sec.  18  (al920).  Prohibition  of  sale  without  license. — Articles  other 
than  those  the  sale  of  which  is  licensed,  or  permitted  without  a  license, 
under  the  preceding  section,  and  not  prohibited  by  section  sixteen, 
shall  not  be  sold  by  hawkers  or  peddlers  unless  duly  licensed  as  here- 
inafter provided. 

Sec.  19.  Regulation  of  trade  of  bootblack  and  sales  by  minors. — The 
aldermen  or  selectmen  may  make  regulations  consistent  with  the 
general  laws  relative  to  the  exercise  of  the  trade  of  bootblacking 
by  minors,  and  to  the  sale  or  barter  by  minors  of  any  goods,  wares  or 
merchandise  the  sale  of  which  is  permitted  without  a  license  by 
section  seventeen,  and  may  prohibit  such  trade  or  such  sales,  or  may 
require  a  minor  to  obtain  from  them  a  permit  therefor  to  be  issued 
on  terms  and  conditions  prescribed  in  such  regulations:  Provided, 
That  in  the  case  of  girls  under  the  age  of  eighteen  years  and  of 
boys  under  the  age  of  sixteen  years  the  foregoing  powers  in  cities 
shall  be  vested  in  and  exercised  by  the  school  committee.  No  permit 
issued  to  a  minor  under  this  section  nor  badge  issued  to  him  under 
sections  sixty-nine  to  seventy-three,  inclusive,  of  chapter  one  hun- 
dred and  forty-nine  shall  authorize  the  sale  by  a  minor  of  any 
article,  other  than  those  enumerated  in  section  seventeen.  A  minor 
who  sells  such  article  or  exercises  such  trade  without  a  permit,  if 
one  is  required,  or  who  violates  the  conditions  of  his  permit  or 
any  provision  of  said  regulations,  shall  be  punished  by  a  fine  of 
not  more  than  ten  dollars. 

Sec.  20.  No  person  to  permit  or  aid  minor  in  violating  certain  pro- 
visions.— No  person,  having  a  minor  under  his  control,  shall  know- 
ingly permit  him  to  violate  any  provision  of  section  nineteen,  nor 
shall  any  person  procure  or  employ  a  minor  to  commit  any  such 
violation,  nor  shall  any  person,  either  for  himself  or  as  agent  of  any 
other  person,  furnish  or  sell  to  a  minor  any  article  the  sale  of  which 
is  permitted  without  a  license  by  section  seventeen,  with  knowledge 
that  he  intends  to  sell  it  in  violation  of  section  nineteen,  or  after 
having  received  written  notice  to  that  effect  from  the  school  com- 
mittee or  any  officer  charged  with  the  enforcement  of  said  section 
nineteen.  Violation  of  this  section  shall  be  punished  by  a  fine  of 
not  more  than  two  hundred  dollars  or  by  imprisonment  for  not 
more  than  six  months. 

Sec.  21.  No  person  to  permit  or  aid  minor  in  violating  certain  other 
provisions. — Whoever  employs  a  minor  in,  or,  having  the  care  or 
custody  of  a  minor,  permits  him  to  engage  in,  hawking  or  peddling 
without  a  permit  or  license,  if  one  is  required,  or,  for  himself  or  as 
agent  of  any  other  person,  furnishes  or  sells  to  a  minor  any  article 
with  knowledge  that  he  intends  to  sell  such  article  in  violation  of 
the  provisions  of  this  chapter  relative  to  hawkers  and  peddlers,  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred  dollars,  to  be 
equally  divided  between  the  Commonwealth  and  the  town  in  which 
the  offense  was  committed,  or  by  imprisonment  for  not  more  than 
six  months. 

517—26 25 


384  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  22.  Hawkers'  and  peddlers'  licenses. — The  director  may  grant  a 
license  to  go  about  carrying  for  sale  or  barter,  exposing  therefor  and 
selling  or  bartering  any  goods,  wares  or  merchandise,  the  sale  of 
which  is  not  prohibited  by  section  sixteen,  to  any  person  who  files  in 
his  office  a  certificate  signed  by  the  mayor  or  by  a  majority  of  the 
selectmen,  stating  that  to  the  best  of  his  or  their  knowledge  and 
belief  the  applicant  therein  named  is  of  good  repute  as  to  morals 
and  integrity,  and  is,  or  has  declared  his  intention  to  become,  a 
citizen  of  the  United  States.  The  mayor  or  selectmen,  before  grant- 
ing such  certificate,  shall  require  the  applicant  to  make  oath  that 
he  is  the  person  named  therein,  and  that  he  is,  or  has  declared  his 
intention  to  become,  a  citizen  of  the  United  States.  The  oath  shall 
be  certified  by  an  officer  duly  qualified  to  administer  oaths  and  shall 
accompany  the  certificate.  The  director  shall  cause  to  be  inserted 
in  every  such  license  the  amount  of  the  license  fee  and  the  name  of 
the  toAvn  for  which  it  is  issued.  The  licensee  may  go  about  carrying 
for  sale  or  barter,  exposing  therefor  and  selling  or  bartering  in  an}* 
town  mentioned  in  his  license  any  fish,  fruits,  vegetables  or  other 
goods,  wares  or  merchandise,  not  prohibited  in  section  sixteen,  upon 
payment  to  the  director  of  the  following  fees :  For  each  town  con- 
taining not  more  than  one  thousand  inhabitants,  according  to  the 
then  latest  census,  State  or  national,  four  dollars ;  for  each  town  con- 
taining more  than  one  thousand  and  not  more  than  two  thousand 
inhabitants,  seven  dollars;  for  each  town  containing  more  than 
two  thousand  and  not  more  than  three  thousand  inhabitants,  nine 
dollars;  for  each  town  containing  more  than  three  thousand  and  not 
more  than  four  thousand  inhabitants,  eleven  dollars;  and  for  each 
city  and  each  other  town,  eleven  dollars,  and  one  dollar  for  every 
one  thousand  inhabitants  thereof  over  four  thousand;  but  the  fee 
shall  in  no  case  exceed  twenty-six  dollars,  and  the  amount  paid  shall 
be  certified  on  the  face  of  the  license.  The  director  shall  retain  one 
dollar  for  every  city  and  town  named  in  each  of  the  above  described 
licenses,  and  shall  pay  over  to  the  respective  cities  and  towns  at 
least  semiannually  the  balance  of  said  fees  so  received.  The  director 
may  grant,  as  aforesaid,  special  State  licenses  upon  payment  by  the 
applicant  of  fifty  dollars  for  each  license;  and  the  licensee  may  go 
about  carrying  for  sale  or  barter,  exposing  therefor  and  selling  or 
bartering  in  any  city  or  town  in  the  Commonwealth  any  fish,  fruits, 
vegetables,  or  other  goods,  wares  or  merchandise,  the  sale  of  which 
is  not  prohibited  by  statute. 

Sec.  23.  County  licenses.— The  director  may  also  grant  as  aforesaid 
special  county  licenses  for  each  county  mentioned  therein;  and  the 
licensee  may  go  about  carrying  for  sale  or  barter,  exposing  therefor 
and  selling  or  bartering  within  such  county  any  goods,  wares  or 
merchandise  manufactured  by  himself  or  by  his  employer  and  not  pro- 
hibited by  section  sixteen,  upon  paying  to  the  director  the  amounts 
following:  For  Suffolk,  Essex,  Middlesex  and  Worcester,  each,  five 
dollars;  for  Norfolk,  Plymouth,  Bristol,  Berkshire  and  Hampden, 
each,  four  dollars;  for  Franklin,  Hampshire  and  Barnstable,  each, 
three  dollars;  and  for  Dukes  County  and  Nantucket,  each,  two  dol- 
lars. The  license  shall  describe  the  manufactured  articles  to  be  sold  or 
bartered  under  it  and  shall  not  authorize  the  sale  or  barter  of  any  other 
article  by  the  licensee.     The  director  shall  retain  one  dollar  for  every 


MASSACHUSETTS  385 

county  named  in  each  of  the  above  described  licenses,  and  shall  pay 
over  to  the  treasurers  of  the  respective  counties  at  least  semi-annu- 
ally the  balance  of  said  fees  so  received. 

Sec.  24  (1919).  License  to  veterans  without  fees. — The  director  may 
grant  without  fee,  on  proof  of  identity,  a  special  State  or  county 
license  to  act  as  hawker  or  peddler,  subject  otherwise  to  this  chapter, 
to  any  soldier  or  sailor  resident  in  the  Commonwealth  who  served  in 
the  Army  or  Navy  of  the  United  States  during  the  World  War  and 
received  an  honorable  discharge  or  a  release  therefrom,  and  who  is 
wholly  or  partly  disabled  by  reason  of  wounds  or  injury  received, 
or  disease  contracted,  during  such  service. 

Sec.  25  (al919).  Transfer  of  licenses. — A  license  granted  under  sec- 
tion twenty-two  may  be  transferred  by  the  director,  upon  application 
therefor  and  upon  evidence  furnished  by  the  applicant  like  that  re- 
quired for  granting  a  license.  The  transferee  shall  thereafter  be 
liable  in  all  respects  as  if  he  were  the  original  licensee,  and  no  per- 
son shall  thereafter  sell  under  such  license  except  the  person  named 
in  such  transfer. 

Sec.  26  (al920).  Records,  etc.,  of  licenses  to  hawkers  and  peddlers. — 
The  director  shall  keep  a  record  of  all  licenses  to  hawkers  and  ped- 
dlers granted  by  him,  with  the  number  of  each,  the  name  and  residence 
of  the  licensee,'  and  the  counties,  cities  and  towns,  if  any,  mentioned 
therein,  and  of  all  transfers  of  licenses;  and  all  such  records  shall 
be  open  to  public  inspection.  The  provisions  of  this  chapter  relating 
to  hawkers  and  peddlers,  or  a  synopsis  thereof,  shall  be  printed  on 
every  such  license.  All  such  licenses  shall  bear  the  date  of  their 
issue  and  shall  continue  in  force  for  one  year  from  that  date. 

Sec.  27  (al919).  Endorsing  license,  production  thereof  and  use  of 
badges,  etc. — Every  person  licensed  as  a  hawker  or  peddler  shall 
endorse  his  usual  signature  upon  his  license.  He  shall  produce  his 
license  for  inspection  whenever  demanded  hy  a  mayor,  alderman, 
selectman,  director  or  inspector  of  standards,  sealer  of  weights  and 
measures,  city  or  town  treasurer  or  clerk,  constable,  police  officer  or 
justice  of  the  peace;  and  if  he  fails  so  to  do,  he  shall  be  subject  to  the 
same  penalty  as  if  he  had  no  license.  The  director  shall,  at  the  ex- 
pense of  the  licensee,  provide  a  badge  for  each  foot  peddler  and  plates 
or  tags  for  each  pack,  parcel  or  vehicle  used  in  hawking  or  peddling. 
Such  badges,  plates  or  tags  shall  bear  the  number  of  the  license,  the 
word  "  peddler,"  and  such  other  information  as  the  director  may  deem 
necessary.  Each  foot  peddler  shall  wear  his  badge  in  a  conspicuous 
place.  Each  wagon  or  other  vehicle  shall  bear  the  name  of  the 
licensee  plainly  inscribed  or  painted  on  the  body  of  the  vehicle,  and 
shall  also  have  attached  to  the  front  or  side  of  the  vehicle,  in  a  place 
where  it  may  readily  and  plainly  be  seen,  the  plate  or  tag  provided 
by  the  director  with  the  license  number  attached  thereto. 

Sec.  28  (al916).  Effect  of  licenses  on  prosecution. — No  license  issued 
to  a  hawker  or  peddler  shall  defeat  or  bar  a  prosecution  against  the 
licensee,  if  it  is  proved  that  he  sold  or  bartered,  carried  for  sale  or 
barter  or  exposed  therefor,  any  articles,  except  such  as  are  permitted 
without  a  license  by  section  seventeen,  in  a  place  in  which  he  was  not 
licensed  to  sell. 

Sec.  29  (1852).  Peddlers,  etc.,  licensed  as  auctioneers. — No  hawker  or 
peddler,  holding  an  auctioneer's  liiense,  shall  sell  or  expose  for  sale 
by  public  auction  any  goods,  wares  or  merchandise  in  any  town  other 


386  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

than  that  from  whose  authorities  such  license  was  obtained,  nor 
in  any  place  in  such  town  not  expressly  described  therein. 

Sec.  30,  as  amended  by  Acts,  1923,  ch.  154,  p.  147.  Revocation  of 
licenses. — Any  license  granted  by  the  director  to  a  hawker  or  peddler 
may  be  revoked  by  him  upon  conviction  of  the  licensee  of  any  crime 
which  in  the  judgment  of  the  director  warrants  such  revocation,  or 
upon  the  submission  to  the  director  of  evidence  satisfactory  to  him 
that  the  licensee  has,  during  the  term  of  the  license,  accepted  or 
solicited  money  otherwise  than  through  the  bona  fide  sale  or  barter 
of  goods,  wares  or  merchandise  or  has  in  any  manner  during  said 
term  begged  or  solicited  alms  from  the  public.  Whenever  any  person 
is  convicted  of  a  violation  of  any  provision  of  this  chapter,  relative 
to  hawkers  and  peddlers,  or  a  person  holding  such  a  license  is  con- 
victed of  any  crime,  the  clerk  of  the  court  in  which,  or  the  trial 
justice  by  whom,  such  person  was  convicted  shall  notify  the  director. 

Sec.  31  (al920).  Counterfeiting  licenses,  etc. — Whoever  counterfeits 
or  forges  a  license,  or  has  a  counterfeited  or  forged  license  in  his  pos- 
session with  intent  to  utter  or  use  the  same  as  true,  knowing  it  to  be 
false  or  counterfeit,  or  attempts  to  sell  under  a  license  which  has  ex- 
pired or  has  been  revoked  or  cancelled,  or  which  has  not  been  issued  or 
transferred  to  him,  or  has  in  his  possession  another's  license  with  in- 
tent to  use  the  same,  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars. 

Sec.  32  (al919).  Prosecutors. — The  director  and  inspectors  of  stand- 
ards and,  within  their  respective  towns,  sealers  or  deputy  sealers  of 
weights  and  measures,  constables  and  police  officers  shall  arrest  and 
prosecute  every  hawker  and  peddler,  and  transient  vendor,  whom  they 
may  have  reason  to  believe  guilty  of  violating  any  provision  of  this 
chapter. 

Sec.  33  (1918).  Temporary  licenses  to  sell  articles  for  charitable 
purposes. — The  overseers  of  the  poor  in  any  city  or  the  selectmen  in 
any  town  may,  under  such  conditions  as  they  may  deem  proper,  grant 
to  any  organization  engaged  exclusively  in  charitable  work  a  special 
license  authorizing  it,  upon  a  particular  day  and  for  a  charitable  pur- 
pose named  in  such  license,  to  sell,  through  its  accredited  agents  in  the 
streets  and  other  public  places  within  such  city  or  town,  or  in  any 
designated  part  thereof,  flags,  badges,  medals,  buttons,  flowers,  sou- 
venirs and  similar  small  articles:  Provided,  That  no  person  under 
sixteen  years  of  age  shall  be  accredited  as  such  agent,  that  each  agent 
shall  wear  in  plain  sight  while  engaged  in  selling  such  articles  a 
badge,  provided  by  such  organization  and  approved  by  the  authority 
issuing  the  license,  bearing  upon  it  the  name  of  such  organization 
and  the  date  on  which  the  license  is  to  be  exercised,  and  that  no  such 
agent  shall  be  authorized  to  make  or  attempt  to  make  such  sales 
in  front  of  any  private  premises  against  the  objection  of  the  owner 
or  occupant  thereof.  The  exercise  of  the  licenses  hereby  provided 
for  shall  be  subject  to  the  provisions  of  all  statutes,  ordinances,  by- 
laws, rules  and  regulations  not  inconsistent  herewith. 
Gen.  Laws,  1921,  Vol.  1,  ch.  99,  p.  971. 

Sec.  1  (al919).  Metric  system  authorized. — The  weights  and  meas- 
ures of  the  metric  system  may  be  employed  and  used  in  the  Common- 
wealth, and  no  contract  or  dealing  shall  be  deemed  invalid  and  no 
pleading  in  any  court  shall  be  open  to  objection  because  the  weights 


'  MASSACHUSETTS  387 

or  measures  are  stated  therein  in  terms  of  the  metric  system:  Pro- 
vided, That  the  carat  weight  of  two  hundred  milligrams,  and  its  mul- 
tiples and  subdivisions,  shall  be  the  sole  legal  standard  for  the  buy- 
ing and  selling  of  diamonds  and  other  precious  stones.  The  metric 
weights  and  measures  received  from  the  United  States  and  now  in 
the  custody  of  the  director  of  standards  may  be  used  as  authoi'ized 
standards,  and  shall  in  no  case  be  removed  from  his  custody  except 
when  necessary  for  their  preservation  or  repair. 

Sec.  2  (1887).  Tables  of  measurements. — The  following  tables  shall 
be  recognized  in  the  construction  of  contracts  and  in  legal  proceed- 
ings as  establishing  in  terms  of  the  metric  system  the  equivalents  of 
the  other  weights  and  measures  expressed  therein  and  may  also  be 
used  for  computing,  determining  and  expressing  in  customary 
weights  and  measures  the  weights  and  measures  of  the  metric  system.3 
4:  %  •%  %  #  *  % 

Sec.  3  (al919).  Duties  of  director  of  standards  and  town  treasurers. — 
The  duties  of  the  director  of  standards  and  the  duties  and  responsi- 
bilities of  the  treasurer  of  each  town,  with  respect  to  the  keeping, 
care,  verification  and  use  of  the  standard  weights  and  measures  of 
the  metric  system,  shall  be  the  same  as  those  established  by  law  with 
respect  to  other  standard  weights  and  measures. 

Sec.  4.  Sealing  of  metric  weights  and  measures. — The  director  of 
standards  may  verify,  adjust  and  seal  all  metric  weights  and  measures 
brought  to  him  for  that  purpose.  The  sealer  of  weights  and  meas- 
ures in  each  town  which  has  received  the  standard  metric  weights  and 
measures  shall  verify,  adjust  and  seal  all  metric  weights  and  meas- 
ures brought  to  him  for  that  purpose  from  within  the  county  in 
which  such  town  is  situated,  and  he  shall  receive  a  reasonable  com- 
pensation therefor;  but  he  shall  claim  no  fees  for  any  sealing,  veri- 
fication or  adjustment  for  the  performance  of  which  he  may  other- 
wise receive  compensation  by  salary  paid  hy  the  town. 

Sec.  5  (1877).  Duties  of  persons  using  metric  system. — Every  person 
who  uses  weights  or  measures  of  the  metric  system  for  the  purpose 
of  selling  any  goods,  wares,  merchandise  or  other  commodities  shall 
have  them  adjusted,  sealed  and  recorded  by  a*n  authorized  sealer  of 
weights  and  measures,  and  shall  thereafter  be  responsible  for  the 
correctness  and  exactness  of  the  same;  and  every  person  who  illegally 
or  fraudulently  uses  the  metric  weights  or  measures  shall  be  liable  to 
the  same  penalty  to  which  he  would  have  been  liable  if  he  had  used 
other  weights  and  measures. 

Gen.  Laws,  1921,  Vol.  1,  ch.  94,  p.  880. 

Sec.  25  (al920).  Regulating  the  use  of  utensils  for  testing  milk  and 
cream. — No  bottle,  pipette  or  other  measuring  glass  or  utensil  shall 
be  used  by  any  inspector  of  milk,  or  by  any  person  in  any  milk 
inspection  laboratory,  in  determining,  by  the  Babcock  or  other  cen- 
trifugal machine,  the  composition  of  milk  or  cream  for  the  purposes 
of  inspection,  or  by  any  person  in  anj  place  in  determining,  by  the 
Babcock  or  other  centrifugal  machine,  the  composition  or  value  of 
milk  or  cream  as  a  basis  for  payment  in  buying  or  selling,  until 
such  measuring  glass  or  utensil  has  been  tested  for  accuracy  and 

3  Here  follow  the  conversion  tables  as  adopted  by  Congress.  See  United  State* 
Laws,  p.  8, 


388  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

verified  by  the  director,  or  by  his  duly  designated  deputy.  Each 
such  bottle,  pipette  or  other  measuring  glass  or  utensil  shall  be 
submitted  to  the  said  director  by  the  owner  or  user  thereof,  to  be 
tested  for  accuracy,  before  the  same  is  used  for  such  purposes.  As  a 
fee  for  making  the  test,  the  owner  or  user  shall  pay  to.  the  said 
director  a  sum  not  exceeding  five  cents  for  each  bottle,  pipette,  or 
other  measuring  glass  or  utensil  tested.  Each  measuring  glass  or 
utensil  so  tested  and  verified  or  found  inaccurate  shall  be  marked 
accordingly  by  the  director  or  by  his  said  deputy.  No  such  meas- 
uring glass  or  utensil  so  marked  inaccurate  shall  be  used  in  deter- 
minint>;  the  composition  or  value  of  milk  or  cream. 

Sec.  26  (al912).  Inspection  by  the  director  of  the  Massachusetts 
Experiment  Station;  certificates  for  inspection  to  be  issued  by  the 
director. — Each  Babcock  or  other  centrifugal  machine  used  by  an 
inspector  of  milk  or  by  a  person  in  a  milk  inspection  laboratory  for 
determining  the  composition  of  milk  or  cream  for  purposes  of  in- 
spection, or  by  a  person  in  any  place,  for  determining  the  composi- 
tion or  value  of  milk  or  cream  as  a  basis  for  payment  in  buying  or 
selling,  shall  be  inspected  at  least  once  in  each  year  by  the  director 
or  by  his  inspector  or  deputy.  The  owner  or  user  of  any  such  cen- 
trifugal machine  shall  pay  to  the  director  as  a  fee  for  making  each 
such  annual  inspection  the  actual  cost  thereof. 

Each  Babcock  or  other  centrifugal  machine  used  as  aforesaid 
which,  in  the  opinion  of  the  director,  his  inspector  or  deputy  is  not 
in  condition  to  give  accurate  results,  may  be  condemned  by  him. 
No  Babcock  or  other  centrifugal  machine  so  condemned  shall  be 
used  for  determining  the  composition  or  value  of  milk  or  cream  as 
aforesaid,  unless  such  machine  is  corrected  to  the  satisfaction  of 
the  director,  his  inspector  or  deputy,  and  approved  by  him. 

Gen.  Laws,  1921,  Vol.  1,  ch.  25,  p.  96. 

Sec.  13  (al916).  Inspectors,  appointment,  duties,  etc. — The  commis- 
sion *  shall  appoint  an  inspector  and  one  or  more  assistant  inspectors 
of  gas  and  gas  meters  for  such  terms  of  office  as  it  may  deem  proper. 
Such  inspectors  shall  be  sworn  to  the  faithful  performance  of  their 
official  duties  and  they  and  the  deputy  inspectors  provided  for  in  the 
following  section  shall  not  be  pecuniarily  interested,  directly  or  in- 
directly, in  the  manufacture  or  sale  of  gas,  or  gas  meters,  or  of  any 
other  article  or  commodity  used  by  gas  companies  or  used  for  any 
purpose  connected  with  the  consumption  of  gas  or  with  gas  com- 
panies, and  they  shall  not  give  certificates  or  written  opinions  to 
makers  or  vendors  of  any  such  articles  or  commodities. 

Gen.  Laws,  1921,  Vol.  2,  ch.  164,  p.  1804. 

Sec.  103  (al914).  Powers  and  duties  of  inspectors. — The  inspector  and 
assistant  inspectors  of  gas  and  gas  meters  appointed  under  section 
thirteen  of  chapter  twenty-five,  subject  to  rules  and  regulations  pre- 
scribed by  the  department,  shall  make  the  inspections  of  gas  required 
by  section  one  hundred  and  nine  5  and  inspect,  examine,  ascertain  and 
prove  the  accuracy  of  all  meters  which  are  to  be  used  for  measuring 
illuminating  gas  and  which  are  to  be  furnished  to,  or  for  the  use  of, 

4  The  department  of  public. utilities  is  under  the  supervision  and  control  of  a  comniis; 
sion  of  five  members. 

5  Sec.  109  relates  to  standard  of  purity. 


MASSACHUSETTS  389 

any  consumer  or  company,  and  shall  seal,  stamp  or  mark  every  such 
meter,  if  it  be  found  correct,  with  some  suitable  device  to  be  deter- 
mined by  the  department  and  recorded  in  the  office  of  the  State 
secretary.  A  meter  shall  not  be  stamped  correct  if  it  varies  more 
than  two  per  cent  from  the  standard.  The  department  shall  keep  a 
correct  record  of  all  meters  examined  by  said  inspectors  with  their 
proof  at  the  time  of  examination,  which  shall  be  open  at  all  times 
for  examination  by  the  officers  of  any  gas  company  in  the  Common- 
wealth. The  inspectors  shall  also  perform  such  other  duties  and 
make  such  reports  of  their  doings  as  the  department  may  require. 

Sec.  104  (al920).  Fees  for  testing  gas  meters. — For  examining,  com- 
paring and  testing  gas  meters,  with  or  without  stamping  them,  the 
department  may  collect  a  fee  of  twenty-five  cents  for  each  meter 
delivering  not  more  than  a  cubic  foot  of  gas  in  four  revolutions, 
vibrations  or  complete  rej^etitions  of  its  action,  and  for  each  meter 
so  delivering  more  than  a  cubic  foot,  a  fee  of  thirty  cents,  with 
twenty  cents  added  for  every  additional  cubic  foot  so  delivered.  For 
examining,  comparing,  testing  or  calibrating  meter  provers  and  test 
of  photometer  meters,  with  or  without  sealing  or  certifying  to  the 
same,  the  department  may  collect  such  fees  as  it  may  from  time  to 
time  prescribe.  The  department  shall  designate  one  of  its  employees 
to  receive  all  fees  collected  under  this  section  and  section  one  hundred 
and  twenty,  and  he  shall  give  bond  to  the  State  treasurer  in  the  sum 
of  five  thousand  dollars. 

Sec.  108  (1916).  Companies  to  provide  calorimeter. — Every  gas  com- 
pany or  municipal  lighting  plant  which  distributes  and  sells  to  its 
consumers  over  fifteen  million  cubic  feet  of  gas  in  a  year  shall,  when 
required  by  the  department,  provide  and  maintain  a  suitable  room 
not  less  than  a  quarter  of  a  mile  from  the  gas  works  with  a  calori- 
meter of  a  type  and  construction  approved  by  the  department,  which 
shall  be  open  at  all  reasonable  times  to  the  inspector  and  assistant 
inspectors  of  gas. 

Sec.  Ill  (al918).  Unit  of  measure  for  sale  of  gas. — The  unit  of 
measure  for  the  sale  of  gas  by  meter  shall  be  the  cubic  foot,  con- 
taining sixty-two  and  two  thousand  nine  hundred  and  ninety-three 
ten  thousandths  pounds  avoirdupois  weight  of  air-free  distilled  water 
at  sixty  degrees  Fahrenheit  Avhen  weighed  in  dry  air  at  the  same 
temperature  and  at  a  barometric  pressure  of  thirty  inches  of  mer- 
cury. 

Sec.  112  (al914).  Companies,  etc.,  to  provide  meter  provers.— Every 
gas  company  with  a  capital  paid  in  of  one  hundred  thousand 
dollars  or  more,  and  every  other  gas  company,  if  required  by  the  de- 
partment, and  all  makers  and  vendors  of  meters  shall  set  up  at  some 
convenient  place  upon  their  premises  one  or  more  meter  provers  of 
a  size  and  type  approved,  tested  and  calibrated  by  the  department, 
by  means  of  which  meters  may  be  tested. 

Sec.  113.  Penalty  for  using  meters  not  tested. — A  gas  company  pro- 
viding a  meter  for  measuring  gas  supplied  to  a  customer  which,  if 
never  before  used,  has  not  been  duly  sealed  and  stamped,  or,  if 
opened  after  being  sealed  and  stamped,  has  not  been  again  tested, 
sealed  and  stamped,  shall  be  punished  by  a  fine  of  five  dollars  for 
every  such  meter  in  use,  payable  to  the  city  or  town  where  the  meter 
is  situated, 


391)  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

Sec.  114.  Testing  gas  meters  in  nse. — Meters  in  use  shall  be  tested  by 
the  inspector  or  by  one  of  his  assistants  or  by  a  deputy,  on  the  request 
of  the  consumer  or  of  the  gas  company,  in  the  presence  of  the  con- 
sumer if  desired,  and  with  sealed  apparatus.  If  he  finds  that  the 
meter  is  correct,  the  person  requesting  the  inspection  shall  pay  the 
fees  for  such  inspection  and  the  expense  of  removing  the  meter  for 
the  purpose  of  being  tested,  and  the  reinspection  shall  be  stamped 
on  the  meter.  If  he  finds  that  the  meter  is  incorrect,  the  gas  com- 
pany shall  pay  such  expenses  and  shall  furnish  a  new  meter  without 
charge  to  the  consumer. 

Sec.  115.  Gas  meters  to  register  plainly. — Meters  for  measuring  gas 
supplied  to  consumers  shall  register  the  quantity  of  gas  passing 
through  them  in  cubic  feet  so  that  the  number  of  cubic  feet  of  gas 
consumed  may  be  easily  ascertained  by  the  consumer  thereof.  No 
meter  shall  be  used  which  may  confuse  or  deceive  the  consumer  in 
ascertaining  the  price  he  pays  per  thousand  cubic  feet  or  the  number 
of  cubic  feet  consumed. 

Sec.  117.  Customer  to  be  given  meter  reading. — When  a  gas  or  elec- 
tric meter  in  a  building  owned  or  used  by  a  customer  of  a  gas  or 
electric  company  is  read  by  an  employee  or  agent  of  such  company, 
he  shall,  upon  request,  deliver  to  the  person  using  the  gas  or  elec- 
tricity measured  by  the  meter  a  written  statement  of  the  amount 
recorded  by  the  meter  at  that  time. 

Sec.  118.  Electric  meters  to  register  plainly. — Meters  for  measuring 
electricity  for  lighting  purposes  supplied  to  consumers  shall  register 
the  quantity  of  electricity  passing  through  them  in  kilowatt  hours, 
so  that  the  number  of  kilowatt  hours  consumed  may  easily  be  ascer- 
tained by  the  consumer. 

Sec.  120.  Testing  electric  meters  in  use. — A  customer  of  a  corpora- 
tion subject  to  this  chapter,  or  such  corporation,  may  apply  to  the 
department  for  an  examination  and  test  of  any  electric  meter,  de- 
mand indicator,  so  called,  and  any  other  device  or  appliance  in- 
stalled by  such  corporation  upon  a  customer's  premises  and  used  by 
such  corporation  to  determine  the  charge  to  the  customer  for  its 
service.  The  department  shall  forthwith  cause  such  examination 
and  test  as  in  its  judgment  is  practicable  and  reasonable  to  be  made 
by  a  competent  and  disinterested  person,  and  shall  furnish  to  the 
corporation  and  to  the  customer  a  certificate  of  the  result  and 
expense  thereof.  If,  upon  such  examination  and  test,  it  appears 
that  the  appliance  does  not  register  correctly,  the  department  may 
order  the  corporation  to  correct  or  remove  such  meter,  demand 
indicator  or  other  device  or  appliance  and  to  substitute  a  correct 
meter,  demand  indicator  or  other  device  or  appliance  therefor.  All 
fees  for  examinations  and  tests  shall  in  the  first  instance  be  paid 
by  the  person  or  corporation  making  application  therefor;  but  if 
the  examination  or  test  is  made  at  the  request  of  a  customer,  and 
the  meter  is  found  to  be  incorrect  because  too  fast,  the  corporation 
shall  pay  such  fees  to  the  department,  to  be  repaid  by  it  to  the 
applicant.  A  meter  shall  be  deemed  correct  for  the  purposes  of 
this  section  if  it  appears  from  such  examination  or  test  that  it  does 
not  vary  more  than  five  per  cent  from  the  standard  approved  by 
the  department.  This  section  shall  not  authorize  or  prohibit  differ- 
ential prices  for  electricity  supplied  by  any  such  company, 


MASSACHUSETTS  391 

Sec.  121.  Inspection  of  electric  meters,  expense  and  registration 
thereof. — The  person  designated  to  make  such  examination  and  test 
may  at  any  reasonable  time  enter  upon  the  premises  where  the  meter 
to  be  inspected  is  placed  for  the  purpose  of  making  the  inspection. 
He  shall  receive  such  compensation  for  his  services  as  the  depart- 
ment may  determine,  together  with  his  necessary  travelling  and 
other  expenses,  which  shall  be  audited  by  the  department  and  paid 
by  the  Commonwealth;  but  the  total  amount  of  compensation  and 
expenses  shall  not  exceed  three  thousand  dollars  in  any  year;  and 
if  the  total  amount  of  such  compensation  and  expenses  shall  in 
any  year  exceed  the  amount  of  the  fees  received  for  such  examina- 
tions and  tests,  the  excess  shall  be  assessed  and  recovered  from  the 
electric  companies  in  the  manner  now  provided  for  the  assessment 
and  recovery  of  the  other  expenses  of  the  department.  The  depart- 
ment may  establish  such  rules  and  regulations,  fix  such  standards, 
prescribe  such  fees,  and  employ  such  means  and  methods  in,  and  in 
connection  with,  such  examinations  and  tests  of  electric  meters  as 
it  deems  most  practicable,  expedient  and  economical.  The  depart- 
ment ma}'  purchase  such  materials,  apparatus,  and  standard  meas- 
uring instruments  for  such  examinations  and  tests  as  it  deems 
necessary. 

Sec.  122.  Penalty  for  use  of  incorrect  electric  meter,  etc. — Whoever, 
being  engaged  in  the  sale  of  electricity,  maintains  upon  the  premises 
of  a  customer  for  the  purpose  of  determining  the  charge  to  be  made 
for  electricity  supplied  to  him  a  meter,  demand  indicator  or  other 
mechanical  device  or  appliance  which  is  found  upon  examination 
and  test,  as  provided  in  section  one  hundred  and  twenty,  to  register 
incorrectly  as  against  such  customer,  shall  refund  to  him  such  an 
amount  as,  if  not  agreed  upon,  shall,  upon  application  of  the  customer 
and  after  opportunity  given  to  the  vendor  to  be  heard,  be  determined 
by  the  department. 


MICHIGAN 

Acts,  1921,  Act.  13,  p.  17. 

Sec.  2. — The  State  department  of  agriculture  shall  exercise  the 
powers  and  perform  the  duties  now  vested  by  law  in  the  department 
of  animal  industry,  the  State  food  and  drug  commissioner.     *     *     * 

Comp.  Laws,  1915,  Vol.  2,  ch.  120,  p.  2307. 

Sec.  6234  (1913).  State  standards. — The  weights  and  measures 
received  from  the  United  States  under  a  resolution  of  Congress 
approved  June  fourteen,  eighteen  hundred  thirty-six,  and  such  new- 
weights  and  measures  as  shall  be  received  from  the  United  States 
as  standard  weights  and  measures  in  addition  thereto  or  in  renewal 
thereof,  and  such  as  shall  be  supplied  by  the  State  in  conformity 
therewith  and  certified  by  the  National  Bureau  of  Standards,  shall 
be  the  State  standards,  by  which  all  county  and  municipal  standards 
of  weights  and  measures  shall  be  tried,  proved  and  sealed. 

Sec.  6235.  Superintendent  of  weights  and  measures. — The  State  dairy 
and  food  commissioner  by  virtue  of  his  office  shall  be  State  super- 
intendent of  weights  and  measures  during  his  term  of  office.  His 
deputy  shall  be  deputy  superintendent  of  weights  and  measures  and 
all  inspectors  appointed  by  the  dairy  and  food  commissioner  shall 
be  State  inspectors  and  sealers  of  weights  and  measures. 

Sec.  6236.  Duties  of;  annual  test;  report  to  governor;  inspections. — 
The  superintendent  of  weights  and  measures  shall  take  charge  of 
the  standards  adopted  by  this  article  as  the  standards  of  the  State, 
and  cause  them  to  be  kept  in  a  safe  and  suitable  place  in  the  office 
of  the  superintendent  from  which  they  shall  not  be  removed  except 
for  repairs  or  for  certification  and  he  shall  take  all  other  necessary 
precautions  for  their  safe  keeping.  He  shall  maintain  the  State 
standards  in  good  order  and  shall  submit  them  at  least  once  in  ten 
years  to  the  National  Bureau  of  Standards  for  certification.  He 
shall  at  least  once  in  five  years  try  and  prove  by  the  State  stand- 
ards all  weights,  measures  and  other  apparatus  which  may  belong 
to  any  county  or  city,  and  shall  seal  such  when  found  to  be  accu- 
rate stamping  on  them  the  letter  "  C  "  and  the  last  two  figures  of 
the  year  with  seals  which  he  shall  have  and  keep  for  that  purpose. 
He  shall  have  and  keep  a  general  supervision  of  the  weights,  meas- 
ures and  weighing  and  measuring  devices  offered  for  sale,  sold,  or 
in  use  in  the  State.  He  shall,  upon  the  written  request  of  any  citi- 
zen, firm,  corporation  or  educational  institution  in  the  State  test  or 
calibrate  weights,  measures,  weighing  or  measuring  devices,  and 
instruments  or  apparatus  used  as  standards  in  the  State.  He,  or  his 
deputy,  or  inspectors,  by  his  direction,  shall  at  least  once  annually 
test  all  scales,  weights,  and  measures  used  in  checking  the  receipts 
and  disbursements  of  supplies  in  every  institution  for  the  main- 
tenance of  which  moneys  are  appropriated  by  the  legislature,  and 
he  shall  report  in  writing  his  finding  to  the  supervisory  board  and 

392 


MICHIGAN  393 

to  the  executive  officer  of  the  institution. concerned,  and  at  the  request 
of  such  board  or  executive  officer  the  superintendent  of  weights 
and  measures  shall  appoint  in  writing  one  or  more  employes  then 
in  the  actual  service  of  each  institution,  who  shall  act  as  special 
deputies  without  extra  compensation  for  the  purpose  of  checking 
the  receipts  and  disbursements  of  supplies.  He  shall  keep  a  com- 
plete record  of  standards,  balances  and  other  apparatus  belonging 
to  the  State  and  take  a  receipt  for  same  from  his  successor  in  office. 
He  shall  annually  on  the  first  day  of  July  make  to  the  governor  a 
report  of  the  work  done  by  his  office.  The  State  superintendent 
or  his  deputy,  or  inspectors,  at  his  direction,  shall  inspect  all  stand- 
ards and  apparatus  used  by  the  counties  and  cities  at  least  once  in 
five  years  and  shall  keep  a  record  of  the  same.  He,  or  his  deputy, 
or  inspectors,  at  his  direction  shall  at  least  once  in  five  years  visit 
the  various  cities  and  counties  of  the  State  in  order  to,  inspect  the 
work  of  the  local  sealers,  and  in  the  performance  of  such  duties, 
he  may  inspect  the  weights,  measures,  balances,  or  any  other  weigh- 
ing appliance  of  any  citizen,  firm,  or  corporation,  and  shall  have 
the  same  power  as  the  local  sealer  of  weights  and  measures.  The 
superintendent  shall  issue  from  time  to  time,  regulations  for  the 
guidance  of  city  and  county  sealers,  and  the  said  regulations  shall 
govern  the  procedure  to  be  followed  by  the  aforesaid  officers  in  the 
discharge  of  their  duties. 

Sec.  6237.  Supervisors,  etc.,  to  appoint  sealer. — The  board  of  super- 
visors of  each  county  and  the  commissioner  or  common  council  of 
each  city  who  may  in  their  discretion  appoint  a  sealer  under  this 
act,  shall  procure  at  the  expense  of  the  county  or  city,  and  shall 
keep  at  all  times,  a  complete  set  of  weights  and  measures  and  other 
apparatus  of  such  material  and  construction  as  said  superintendent 
of  weights  and  measures  may  direct.  All  such  weights,  measures, 
and  other  apparatus  having  been  tried  and  accurately  proven  by 
him,  shall  be  sealed  and  certified  to  by  the  State  superintendent  as 
hereinbefore  provided;  and  shall  be  then  deposited  with  and  pre- 
served by  the  county  or  city  sealer  as  public  standards  for  such 
county  or  city. 

Sec.  6238.  County  sealer:  salary;  annual  report;  bond;  proviso. — The 
board  of  supervisors  of  each  county  may  in  its  discretion  appoint  a 
county  sealer  of  weights  and  measures  in  each  county  for  a  term  of 
two  years.  He  shall  be  paid  a  salary  to  be  determined  by  said  board, 
and  no  fee  shall  be  charged  by  him  or  by  the  county  for  the  inspec- 
tion, testing,  or  sealing  of  weights,  measures,  or  weighing  or  measur- 
ing devices;  where  not  otherwise  provided  by  law,  the  county  sealer 
shall  have  the  power  within  his  county,  and  the  State  superintend- 
ent, his  deputies  and  inspectors,  within  the  State,  to  inspect,  test,  try, 
and  ascertain  if  they  are  correct,  all  weights,  scales,  beams,  measures 
of  every  kind,  instruments  or  mechanical  devices  for  measuring  and 
tools,  appliances  and  accessories  connected  with  any  and  all  such 
instruments  or  measures  kept,  offered,  or  exposed  for  sale,  sold  or 
used  or  employed  within  the  county  by  any  proprietor,  agent,  lessee, 
or  employe  in  proving  the  size,  quantity,  extent,  area,  or  measure- 
ment of  quantities,  things,  produce,  articles  for  distribution  or  corn- 
sumption  offered  or  submitted  by  such  person  or  persons  for  sale, 
hire,  or  award ;  and  they  shall  have  the  power  to  and  shall  from  time 


394  LAWS  CONCERNING    WEIGHTS  AND'  MEASURES 

to  time  weigh  or  measure  packages  or  amounts  of  commodities  of 
whatsoever  kind  kept  for  the  purpose  of  sale,  offered  for  sale,  or 
sold/or  in  the  process  of  delivery,  in  order  to  determine  whether  the 
same  contains  the  amount  represented,  and  whether  they  be  offered 
for  sale  or  sold  in  a  manner  in  accordance  with  law.  The  county 
sealer  shall  at  least  once  each  year,  and  as  much  oftener  as  he  may 
deem  necessary,  see  that  the  weights,  measures,  and  all  apparatus  used 
in  the  county  are  correct.  The  county  and  State  inspectors  may  for 
the  purpose  above  mentioned  and  in  the  general  performance  of  their 
official  duties  enter  or  go  in  upon,  and  without  formal  warrant,  any 
stand,  place,  building,  or  premises,  or  stop  any  vendor,  peddler, 
junk  dealer,  coal  wagon,  ice  wagon,  delivery  wagon,  or  any  dealer 
whatsoever  and  require  him,  if  necessary,  to  proceed  to  some  place 
which  the  sealer  may  specify,  for  the  purpose  of  making  the  proper 
tests.  Whenever  the  county  sealer  or  State  inspectors  find  a  viola- 
tion of  the  statute  relating  to  weights  and  measures,  they  shall  cause 
the  violator  to  be  prosecuted.  Whenever  any  sealer  or  inspector  com- 
pares weights,  measures,  or  weighing  and  measuring  instruments 
and  finds  that  they  correspond,  or  causes  them  to  correspond,  with 
the  standards  in  his  possession,  he  shall  seal  or  mark  such  weights, 
measures,  or  weighing  or  measuring  instruments  with  appropriate 
devices  to  be  approved  by  the  State  superintendent  of  weights  and 
measures.  The  county  sealer  shall  keep  a  complete  record  of  all 
of  his  official  acts  and  shall  make  an  annual  report  to  the  board 
of  supervisors  and  an  annual  report  duly  sworn  to  on  the  first  day 
of  July  to  the  State  superintendent  of  weights  and  measures  on 
blanks  to  be  furnished  by  the  superintendent.  The  county  sealer 
of  weights  and  measures  shall  forthwith  on  his  appointment  give  a 
bond  in  the  penal  sum  of  one  thousand  dollars,  with  sureties  to 
be  approved  by  the  appointing  power  for  the  faithful  performance 
of  the  duties  of  his  office :  Provided,  however,  That  nothing  in  the 
above  shall  be  construed  to  prevent  two  or  more  counties  from  com- 
bining the  whole  or  any  part  of  their  districts  as  may  be  agreed 
upon  by  the  board  of  supervisors  with  one  set  of  standards  and 
cue  Sealer,  upon  the  written  consent  of  the  State  superintendent 
of  weights  and  measures.  A  county  sealer  appointed  in  pursuance 
of  such  an  agreement  for  such  combination,  shall,  subject  to  the 
terms  of  his  appointment,  have  the  same  authority,  jurisdiction,  and 
duties  as  if  he  had  been  appointed  by  each  of  the  authorities  who 
are  party  to  the  agreement. 

Sec.  6239.  City  sealer;  proviso. — Any  incorporated  cit}'  in  this  State 
may  in  its  discretion  appoint  a  city  sealer  of  weights  and  measures 
under  this  act.  He  shall  be  appointed  by  the  mayor,  by  and  with 
the  advice  and  consent  of  the  common  council.  He  shall  perforin 
in  said  city  the  duties  and  have  like  powers  as  the  county  sealer  in 
the  county.  In  those  cities  in  which  no  sealer  is  appointed  as  above, 
the  county  sealer  of  the  county,  if  there  be  one,  shall  perform  in 
said  cities  the  duties  and  have  like  powers  as  in  the  county :  Provided, 
however,  That  nothing  in  the  above  shall  be  construed  to  prevent,  any 
county  and  a  city  situated  therein  from  combining  the  whole  or  any 
part  of  their  districts  as  may  be  agreed  upon  with  one  sealer,  subject 
to  the  written  approval  of  the  State  superintendent  of  weights  and 
measures.     A  sealer  appointed  in  pursuance  of  an  agreement  for 


MICHIGAN  395 

such  combination  shall,  subject  to  the  terms  of  his  appointment,  have 
the  same  authority,  jurisdiction,  and  duties  as  if  had  been  appointed 
by  each  of  the  authorities  who  are  parties  to  the  agreement. 

Sec.  6240,  as  amended  by  Acts,  1923,  Act  24,  p.  44.  False  measures, 
etc.,  sale,  etc.,  of,  misdemeanor;  penalty. — Any  person  who  shall  offer 
or  expose  for  sale,  sell,  or  use  or  retain  in  his  possession,  a  false 
weight  or  measure  or  weighing  or  measuring  device  or  any  weight 
or  measure  or  weighing  or  measuring  device  in  the  buying  or  selling 
of  any  commodity  or  thing  or  for  hire  or  reward ;  or  who  shall  dis- 
pose of  any  condemned  weight,  measure  or  weighing  or  measuring 
device  contrary  to  law  or  remove  any  tags  placed  thereon  by  the 
sealer  of  weights  and  measures;  or  any  person  who  shall  sell  or 
offer  or  expose  for  sale  less  than  the  quantity  he  represents,  or  sell 
or  offer  or  expose  for  sale  any  such  commodity  in  a  manner  contrary 
to  law ;  or  any  person  who  shall  sell  or  offer  for  sale  or  have  in  his 
possession  for  the  purpose  of  selling  any  device  or  instrument  to  be 
used  to,  or  calculated  to,  falsify  any  weight  or  measure,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  three  months  or  by  both  such  fine 
and  imprisonment  upon  first  conviction;  but  upon  a  second  or  sub- 
sequent conviction  he  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  one  year  or  by  both  such 
fine  and  imprisonment. 

Sec.  6241.  May  seize  false  weight,  etc. — The  superintendent  of 
weights  and  measures,  his  deputy,  inspectors,  and  the  county  and 
city  sealers  of  weights  and  measures  are  hereby  made  special  police- 
men, and  are  authorized  to  seize,  for  use  as  evidence  and  without 
formal  warrant  any  false  or  unsealed  weight,  measure  or  weighing  or 
measuring  device  or  package  or  amounts  of  commodities,  found  to  be 
used,  retained  or  offered  or  exposed  for  sale  or  sold  in  violation  of 
law. 

Sec.  6242.  Hindering,  etc.;  penalty. — Any  person  who  shall  hinder 
or  obstruct  in  any  way,  the  superintendent  of  weights  and  measures, 
his  deputy,  or  inspectors,  or  any  county  or  city  sealer,  in  the  per- 
formance of  his  official  duties  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  upon  conviction  thereof,  in  any  court  of  com- 
petent jurisdiction,  by  a  fine  of  not  less  than  two  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  ninety  days  or  by  both  such  fine  and  imprisonment. 

Sec.  6243.  "Unlawful  to  impersonate. — Any  person  who  shall  imper- 
sonate in  any  way  the  superintendent  of  weights  and  measures,  his 
deputies,  inspectors  or  any  county  or  city  sealer,  by  use  of  his  seal 
or  otherwise,  shall  be  quilty  of  a  misdemeanor  and  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  more 
than  ninety  days  or  by  both  such  fine  and  imprisonment. 

Sec.  6244.  Sections  repealed. — Sections  four  thousand  eight  hundred 
eighty-two,  four  thousand  eight  hundred  eighty-three,  four  thou- 
sand eight  hundred  eighty-four,  four  thousand  eight  hundred  eighty- 
five,  four  thousand  eight  hundred  eighty-six,  four  thousand  eight 
hundred  eighty-seven,  four  thousand  eight  hundred  eighty-eight,  four 


396 


LAWS  CONCERNING   WEIGHTS   AND   MEASURES 


thousand  eight  hundred  eighty-nine,  four  thousand  eight  hundred 
ninety,  four  thousand  eight  hundred  ninety-one,  four  thousand  eight 
hundred  ninety-two,  four  thousand  eight  hundred  ninety-three,  four 
thousand  eight  hundred  ninety-four,  four  thousand  eight  hundred 
ninety-five,  four  thousand  eight  hundred  ninety-six  and  four  thou- 
sand eight  hundred  ninety-seven  of  the  Compiled  Laws  of  eighteen 
hundred  ninety-seven,  relative  to  weights  and  measures,  are  hereby 
repealed. 

Sec.  6245°.  Construction  of  certain  contracts. — When  any  commodity 
shall  be  sold  by  the  hundredweight,  it  shall  be  understood  to  mean 
the  net  weight  of  one  hundred  pounds  avoirdupois,  and  all  contracts 
concerning  goods  or  commodities  sold  by  weight,  shall  be  construed 
accordingly,  unless  such  construction  would  be  manifestly  incon- 
sistent with  the  special  agreement  of  the  parties  contracting. 

Sec.  6246°.  Standard  measure  of  fruits,  etc.;  bushel  of  charcoal. — The 
half  bushel  and  the  parts  thereof  shall  be  the  standard  measure  for 
fruits  and  other  commodities  customarily  sold  by  heaped  measure; 
and  in  measuring  such  commodities  the  half  bushel  or  other  smaller 
measure  shall  be  heaped  as  high  as  may  be,  without  especial  effort  or 
design;  and  the  standard  measure  of  charcoal  shall  be  twenty-seven 
hundred  and  forty-eight  cubic  inches  for  each  and  every  bushel 
t  hereof. 

Sec.  6247,  as  amended  by  Acts,  1925,  Act  No.  59,  p.  78.  Weight  per 
bushel  of  grain. — That  whenever  wheat,  rye,  shelled  corn,  corn  on  the 
cob,  corn  meal,  oats,  buckwheat,  beans,  clover  seed,  timothy  seed,  flax 
seed,  hemp  seed,  millet  seed,  blue  grass  seed,  red  top  seed,  barley, 
dried  apples,  dried  peaches,  potatoes,  potatoes  (sweet),  onions,  tur- 
nips, peas,  cranberries,  dried  plums,  castor  beans,  salt,  mineral  coal, 
Hungarian  grass  seed,  orchard  grass  seed,  osage  orange  seed,  beets, 
carrots  or  parsnips,  shall  be  sold  by  the  bushel,  and  no  special  agree- 
ment as  to  the  measure  or  weight  thereof  shall  be  made  by  the  parties, 
the  measure  thereof  shall  be  ascertained  by  weight,  and  shall  be 
computed  as  follows,  viz : x 


Pounds  per 
bushel 

Wheat 60 

Rye 56 

Shelled  corn 56 

Corn  on  the  cob 70 

Corn  meal 50 

Oats 32 

Buckwheat 48 

Beans 60 

Clover  seed 60 

Timothy  seed 45 

Flax  seed 56 

Hemp  seed 44 

Millet  or  Hungarian  grass  seed 50 

Blue  grass  seed 14 

Red  top  seed 14 

Barley 48 

Apples,  dried 22 


Pounds  per 
bushel 

Peaches,  dried 28 

Potatoes 60 

Potatoes,  sweet 56 

Onions 54 

Turnips 58 

Peas 60 

Cranberries 40 

Plums,  dried 28 

Beans,  castor 46 

Salt,  Michigan 56 

Coal,  anthracite  (mineral) 80 

Coal,  bituminous  (mineral) 60 

Grass  seed,  orchard 14 

Orange  seed,  osage 33 

Beets 56 

Carrots 50 

Parsnips 50 


Sec.  6249  (1871).  Weight  of  bushel  stone  lime.— That  whenever 
stone-lime  is  sold,  and  no  special  agreement  is  made  by  the  parties, 
the  bushel  shall  consist  of  seventy  pounds. 


-  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


MICHIGAN  397 

Sec.  6250  (1877).  Apples. — That  whenever  apples  are  bought  or 
sold  by  weight  forty-eight  pounds  shall  constitute  a  bushel. 

Sec.  6251  (1881).  Duty  of  persons  weighing  cattle,  etc.;  correct 
weights  to  be  given. — That  every  person  who  shall  weigh  for  any 
person  purchasing,  or  selling,  or  offering  for  sale,  any  live  stock, 
neat  cattle,  sheep,  swine,  poultry,  or  other  live  animals,  or  any  beef, 
pork,  mutton,  fowls,  or  other  animals  when  dressed,  or  any  hay, 
grain,  or  produce,  shall  make  a  true  and  correct  weight  or  weights 
thereof,  and  give  to  the  purchaser  and  seller,  or  person  offering  the 
same  for  sale,  when  requested,  the  true,  full,  correct,  and  gross 
amount  of  any  and  all  such  weights. 

Sec.  6252.  Penalty  for  violation  of  act. — Every  person  who  shall  will- 
fully violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  three  months,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court. 

Sec.  6253  (1871).  Size  of  peach  baskets. — That  the  quantity  known 
as  a  box  or  basket  of  peaches  shall  contain  seven  hundred  and  six- 
teen and  four-fifths  cubic  inches,  or  one-third  of  a  bushel  strict 
measure. 

Sec.  6255  (1877).  Fruit,  etc.,  not  to  be  sold  in  less  quantities  than 
represented. — That  when  any  person  or  persons,  party  or  parties, 
shall  offer  for  sale  or  sell  in  any  township,  village,  or  city,  within 
this  State,  any  fruits  or  vegetables  contained  in  drawers  or  cases, 
boxes  or  baskets,  represented  to-  hold  one  bushel  or  any  fractional 
part  thereof,  said  drawers,  boxes,  cases,  or  baskets,  shall  be  of  the 
dimensions  to  hold,  and  shall  hold  the  quantity  offered  for  sale  or 
"sold,  whether  by  the  bushel  of  thirty-two  quarts  or  any  fractional 
part  thereof. 

Sec.  6256.  Penalty. — Any  person  or  persons  violating  the  provisions 
of  the  foregoing  section,  upon  conviction  before  any  court  of  com- 
petent jurisdiction,  shall  be  liable  to  a  fine  not  less  than  five  dollars 
nor  more  than  twenty  dollars,  and  imprisonment  for  a  term  not  to 
exceed  three  months,  or  either  or  both,  in  the  discretion  of  said 
court. 

Sec.  6257  (1895).  Fruit  baskets  to  be  marked  as  to  number  of 
pounds. — That  all  manufacturers  of  peach  baskets  and  other  fruit 
packages  designed  for  the  shipment  of  peaches,  grapes  and  plums, 
and  all  shippers  and  dealers  in  the  same,  shall  mark  or  cause  to  be 
marked  in  a  plain  manner  on  the  outside,  otherwise  than  the  bottom, 
of  such  baskets  or  packages,  the  capacity  of  each  basket  or  package 
in  pounds  at  the  rate  of  one  pound  for  each  forty-three  and  eight- 
thousandths  cubic  inches  of  space  contained  in  such  basket  or 
package. 

Sec.  6258.  Penalty. — Any  manufacturer  of  or  dealer  in  peach  bas- 
kets, or  other  fruit  packages  designed  for  the  shipment  of  peaches, 
grapes  and  plums,  who  shall  sell  or  offer  to  sell  such  baskets  or  pack- 
ages without  complying  with  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction,  shall  be  fined  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars,  and  stand  com- 
mitted to  the  county  jail  until  such  fine  and  costs  are  paid. 


398  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

Sec.  6260  (1909).  Certain  mill  products;  standard  weights  per  barrel; 
weights  to  be  placed  in  barrel,  etc. — When  mill  products  of  wheat, 
corn,  rye  or  buckwheat,  known  as  flour,  grits,  meal  or  compounds  of 
the  same,  are  placed  or  packed  in  barrels,  fractional  parts  of  a  barrel 
or  sacks  to  be  sold  or  billed  to  any  person  or  persons  within  this 
State,  the  standard  weight  or  measure  of  a  barrel  or  the  fractional 
part  thereof,  shall  be  as  follows,  viz : 

One  hundred  and  ninety-six  pounds  for  a  barrel ; 

Ninety-eight  pounds  for  one-half  barrel ; 

Forty-nine  pounds  for  one-quarter  barrel; 

Twenty-four  and  one-half  pounds  for  one-eighth  barrel ; 

Twelve  and  one-fourth  pounds  for  one-sixteenth  barrel ; 

Six  and  one-eighth  pounds  for  one-thirty-second  barrel. 

The  full  and  correct  weights  as  herein  established  shall  be  placed 
in  said  barrel  or  fractional  part  thereof  by  the  manufacturer,  com- 
pany, dealer,  person  or  persons  filling  the  same,  and  the  weights  as 
herein  established  shall  be  the  legal  weights  in  this  State  for  such 
packages  when  they  are  bought  or  sold,  offered  or  exposed  for  sale, 
or  in  possession  with  intent  to  sell,  or  sold  and  delivered,  ordered 
or  billed. 

Sec.  6261.  Short  weights. — No  person  or  persons  shall  sell,  offer  or 
expose  for  sale  in  this  State  by  the  barrel,  or  by  the  fractional  parts 
of  a  barrel  as  herein  established,  any  of  the  mill  products  specified 
in  section  one  hereof  [sec.  6260] ,  unless  the  barrel  or  fractional  part 
of  such  barrel  shall  contain  the  full  weight  of  such  mill  product  as  is 
provided  for  in  section  one  hereof. 

Sec.  6262.  Weight  to  be  marked  on*  package. — Before  any  package 
containing  the  mill  products  or  compounds  of  such  mill  products 
specified  in  section  one  of  this  act  shall  be  sold  or  offered  or  exposed 
for  sale  in  this  State,  the  number  of  pounds  contained  therein  shall 
be  plainly  printed  or  stamped  on  the  face  label  in  plain  English  let- 
ters and  numbers  not  less  than  one-half  inch  high.  When  such  pack- 
ages are  sold  as  one-half,  one-quarter,  one-eighth,  one-sixteenth  or 
one-thirty-second  of  a  barrel  they  shall  be  so  marked  in  addition  to 
the  number  of  pounds  marked  thereon  as  herein  provided. 

Sec.  6263.  Abstraction  of  contents  unlawful.— No  manufacturer,  com- 
pany, dealer  or  person  shall  abstract  any  part  of  the  mill  products 
from  the  standard  packages  or  fractional  parts  named  in  section 
one,  and  sell  such  package  as  a  barrel  or  fractional  part  of  a  barrel  as 
defined  in  section  one. 

Sec.  6264.  Penalty. — Any  manufacturer,  company,  dealer,  person 
or  persons  who  shall  knowingly  sell,  offer  or  expose  for  sale  or  for 
distribution  in  this  State  any  package  containing  mill  products  of 
the  cereals  enumerated  in  section  one  [section  six  thousand  two  hun- 
dred sixty]  which  are  stamped  or  labeled  with  a  greater  number  of 
pounds  than  such  package  actually  contains,  or  who  shall  put  up  or 
sell  in  this  State  any  of  the  mill  products  of  the  above  named  cereals 
in  a  manner  contrary  to  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars  and  the  costs  of  prosecution,  or  by  imprisonment  in 
the  common  jail  or  the  Michigan  Reformatory  at  Ionia  for  not  less 
than  ninety  days  nor  more  than  one  year  or  by  both  such  fine  and 


MICHIGAN  399 

imprisonment  in  the  discretion  of  the  court  for  each  and  every 
offense:  Provided,  however,  That  nothing  in  this  act  shall  be  con- 
strued to  cover  or  affect  sales  or  shipments  made  to  any  manufac- 
turer, company,  dealer,  person  or  persons  outside  of  this  State  and 
not  intended  for  sale  or  shipment  back  into  this  State. 

Sec.  6265.  Dairy  and  food  commissioner;  duties  of. — It  shall  be  the 
duty  of  the  dairy  and  food  commissioner  to  investigate  all  complaints 
of  violations  of  this  act,  and  to  take  all  steps  necessary  to  its  enforce- 
ment. It  shall  be  the  duty  of  all  prosecuting  officers  of  this  State  to 
prosecute  to  completion  all  suits  brought  under  the  provisions  of  this 
act  upon  complaint  of  said  commissioner  or  any  person. 

Sec.  6267.  Binder  twine;  stamp,  tag  or  label,  what  to  state;  toler- 
ance.— No  binder  twine  shall  be  sold,  exposed  or  offered  for  sale 
within  this  State,  except  the  same  bear  upon  each  ball  a  stamp,  tag 
or  label  truly  stating  the  name  of  the  manufacturer,  importer  or 
jobber  of  such  twine,  the  kind  or  kinds  of  material  it  contains,  and 
the  number  of  feet  to  the  pound  in  such  ball:  Provided,  That  a 
deficiency  not  exceeding  five  per  cent  in  the  length  or  tensile  strength 
stated  on  the  stamp,  tag  or  label  shall  not  be  a  violation  hereof. 

Sec.  6268.  Penalty  for  violation. — Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor  and  shall  upon  conviction  thereof  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars :  Provided,  That  the  selling 
or  exposing  for  sale  of  any  ball  of  twine  which  does  not  conform  to 
the  requirements  of  this  act  shall  constitute  a  separate  and  distinct 
offense. 

Sec.  6279  (1915).  Capacity  of  milk  bottles. — On  and  after  Janu- 
ary one,  nineteen  hundred  sixteen,  bottles  used  for  the  sale  of  milk 
and  cream  in  this  State  shall  be  of  the  capacity  of  half  gallon,  three 
pints,  one  quart,  one  pint,  ten  ounce,  half  pint,  one  gill  filled  full  to 
the  bottom  of  the  lip.  The  following  variations  on  individual  bottles 
or  jars  may  be  allowed:  Six  drams  above  and  six  drams  below  on 
the  half-gallon;  five  drams  above  and  five  drams  below  on  the 
three-pint;  four  drams  above  and  four  drams  below  on  the  quart; 
three  drams  above  and  three  drams  below  on  the  pint;  two  and  one- 
half  drams  above  and  two  and  one-half  drams  below  on  the  ten 
ounce;  two  drams  above  and  two  drams  below  on  the  half -pint; 
two  drams  above  and  two  drams  below  on  the  gill.  But  the  average 
contents  of  not  less  than  twenty- five  bottles  selected  at  random  from 
at  least  four  times  the  number  tested  must  not  be  in  error  by  more 
than  one-quarter  of  the  tolerances :  One  and  five-tenths  drams  above 
and  one  and  five-tenths  drams  below  on  the  half  gallon;  one  and 
twenty-five  hundredths  drams  above  and  one  and  twenty-five  hun- 
dredths drams  below  on  the  three  pint;  one  dram  above  and  one 
dram  below  on  the  quart;  seventy-five  hundredths  drams  above  and 
seventy-five  hundredths  drams  below  on  the  pint;  seventy-five  hun- 
dredths drams  above  and  seventy-five  hundreds  drams  below  on  the 
ten  ounce;  five-tenths  drams  above  and  five-tenths  drams  below  on 
the  half  pint ;  five-tenths  drams  above  and  five-tenths  drams  below  on 
the  gill.  Bottles  or  jars  used  for  the  sale  of  milk  shall  have  clearly 
blown  or  otherwise  permanently  marked  in  the  side  of  the  bottle,  the 
capacity  of  the  bottle  and  the  word  "  sealed  "  and  in  the  side  or 
517—26 26 


400  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

bottom  of  the  bottle  the  name,  initials  or  trade-mark  of  the  manu- 
facturer and  designating  number,  which  designating  number  shall 
be  different  for  each  manufacturer  and  may  be  used  in  identifying 
the  bottles.  The  designating  number  shall  be  furnished  by  the  State 
superintendent  of  weights  and  "measures  upon  application  by  the 
manufacturer,  and  upon  filing  by  the  manufacturer  of  a  bond  in  the 
sum  of  one  thousand  dollars  with  sureties  to  be  approved  by  the 
Attorney  General,  conditioned  upon  their  performance  of  the  re- 
quirements of  this  section.  A  record  of  the  bonds  furnished,  the 
designating  numbers,  and  to  whom  furnished,  shall  be  kept  in  the 
office  of  the  superintendent  of  weights  and  measures. 

Sec.  6280.  Unlawful  sales. — On  and  after  January  one,  nineteen 
hundred  sixteen,  any  manufacturer  who  sells  milk  or  cream  bottles 
to  be  used  in  this  State,  which  do  not  comply  as  to  size  and  mark- 
ings with  the  provisions  of  this  act,  shall  suffer  the  penalty  of  five 
hundred  dollars,  to  be  recovered  b}?  the  attorney  general  in  an  ac- 
tion against  the  offender's  bondsmen,  to  be  brought  in  the  name 
of  the  people  of  the  State.  Any  dealer  who  uses,  for  the  pur- 
pose of  selling  milk  or  cream,  jars  or  bottles  purchased  after  this 
Jaw  takes  effect,  which  do  not  comply  with  the  requirements  of 
this  act  as  to  markings  and  capacity,  shall  be  deemed  guilty  of  using 
false  or  insufficient  measure. 

Sec.  6281.  Bottles  not  to  be  sealed. — Sealers  of  weights  and  meas- 
ures are  not  required  to  seal  bottles  or  jars  for  milk  or  cream  marked 
as  in  this  act  provided,  but  they  shall  from  time  to  time  make  tests 
on  individual  bottles  used  by  the  various  firms  in  the  territory  over 
which  they  have  jurisdiction,  in  order  to  ascertain  whether  the 
above  provisions  are  being  complied  with,  and  they  shall  report 
violations  found  immediately  to  the  superintendent  of  weights  and 
measures.  Any  dealer  who  knowingly  uses  for  the  purpose  of  sell- 
ing milk  or  cream,  jars  or  bottles  purchased  after  this  law  takes 
effect,  which  do  not  comply  with  this  act  as  to  marking  the  capacity, 
shall  be  guilty  of  a  misdemeanor  and  be  punished  accordingly. 

Comp.  Laws,  1915,  Vol.  2,  cli.  126,  p.  2412. 

Sec.  6644°.  Miller  to  keep  scales  and  weigh  grain,  flour,  etc.;  penalty 
for  neglect  or  refusal. — Every  miller  occupying  and  using  a  grist 
mill,  shall  be  provided  with  scales  and  weights,  or  a  vibrating  steel- 
yard, to  weigh  corn,  grain,  flour  and  meal,  delivered  at  and  taken 
from  the  mill,  if  required;  and  if  he  shall  neglect  to  keep  himself 
so  provided,  or  shall  refuse  so  to  weigh  corn,  grain,  flour,  or  meal, 
when  required  by  any  person  delivering  or  taking  away  the  same, 
he  shall  forfeit,  for  each  neglect  or  refusal,  not  less  than  one  dollar, 
nor  more  than  five  dollars. 

Comp.  Laws,  1915,  Vol.  3,  ch.  257,  p.  5293. 

Sec.  15320  (al915).  False  tokens  or  pretenses. — Every  person  who, 
with  intent  to  defraud  or  cheat,  shall  designedly,  by  color  of  any 
false  token  or  writing  *  *  *  or  by  means  of  any  false  weights 
or  measures  obtain  a  larger  amount  or  quantity  or  property  than 
was  bargained  for,  or  by  means  of  any  false  weights  or  measures 
sell  or  dispose  of  a  less  amount  or  quantity  of  property  than  was 
bargained  for,  if  such  land  or  interest  in  land,  money,  personal 
property,  use  of  such  instrument,  facility  or  article,  valuable  thing, 


MICHIGAN  401 

service,  larger  amount  obtained  or  less  amount  disposed  of,  shall  be 
of  the  value  of  twenty-five  dollars  or  less,  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  or  imprisonment  in  the  county 
jail  not  exceeding  three  months,  and  if  such  land,  interest  in  land, 
money,  personal  property,  use  of  such  instrument,  facility  or  article, 
valuable  thing,  service,  larger  amount  obtained  or  less  amount  dis- 
posed of  shall  be  of  the  value  of  more  than  twenty-five  dollars,  such 
person  shall  be  punished  by  imprisonment  in  the  State  prison  not 
more  than  ten  years  or  by  a  fine  not  exceeding  five  hundred  dollars 
and  imprisonment  in  the  county  jail  not  more  than  one  year. 

Comp.  Laws,  1915,  Vol.  1,  ch.  68,  p.  937. 

Sec.  2231  (1915).  Standard  gauge  for  fence. — The  Washburn  and 
Moen  gauge  is  hereby  declared  to  be  the  standard  gauge  for  testing 
galvanized  wire  fence  within  this  State. 

Comp.  laws,  1915,  Vol.  1,  ch.  72,  p.  1037. 

Sec.  2640,  as  amended  by  Acts,  1921,  Act  21,  p.  31.  General  powers 
of  councils;  villages. — Every  village  subject  to  the  provisions  of  this 
act,  shall,  in  addition  to  such  other  powers  as  are  conferred,  have 
the  general  power  and  authority  granted  in  this  chapter,  and  the 
council  may  pass  such  ordinances  in  relation  thereto  as  it  may  deem 
proper,  namely : 

Twelfth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures,  and  to  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  venders;     *     *     * 

Comp.  Laws,  1915,  Vol.  1,  ch.  73,  p.  1135. 

Sec.  3021°.  General  powers  of  city  corporations  of  fourth  class;  inspec- 
tion and  measuring  certain  merchandise;  inspection  and  sealing  of 
weights  and  measures. — Every  city  incorporated  under  the  provisions 
of  this  act  [cities  containing  a  population  not  exceeding  ten  thou- 
sand] ,  shall,  in  addition  to  such  other  powers  as  are  herein  conferred, 
have  the  general  powers  and  authority  in  this  chapter  mentioned; 
and  the  council  may  pass  such  ordinances  in  relation  thereto,  and  for 
the  exercise  of  the  same,  as  they  may  deem  proper,  namely : 

Eighteenth.  To  regulate  the  inspection,  weighing,  and  measur- 
ing of  brick,  lumber,  firewood,  coal,  hay,  and  any  article  of  mer- 
chandise ; 

Nineteenth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures  and  to  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  venders. 

Acts,  1917,  Act  123,  p.  199. 

Sec.  1.  Scales  authorized. — It  shall  be  lawful  for  the  township 
board  of  any  township  or  village  council  of  any  village  in  this  State 
to  appropriate  money  for  the  purpose  of  establishing  township  or 
village  scales  for  the  weighing  of  farm  produce  and  for  other  pur- 
poses. All  sums  hereby  authorized  to  be  appropriated  shall  be  as- 
sessed, levied  and  collected  in  the  same  manner  as  other  expenses 
of  such  townships  or  villages  are  assessed,  levied  and  collected.  The 
maintenance,  management  and  control  of  such  scales  shall  be  under 
the  direction  of  the  township  board  or  village  council,  as  the  case 
may  be  and  the  expense  connected  therewith  shall  be  paid  in  the 


402  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

same  manner  as  other  expenses  of  such  townships  or  villages  are 

paid. 

Acts,  1917,  Act  No.  74,  p.  138. 

Sec.  1.  Standard  Climax  baskets. — That  standards  for  Climax  bas- 
kets for  grapes  and  other  fruits  and  vegetables  shall  be  the  two-quart 
basket,  four-quart  basket,  and  twelve-quart  basket,  respectively. 

(a)  The  standard  two-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  nine  and  one-half  inches; 
width  of  bottom  piece,  three  and  one-half  inches;  thickness  of  bot- 
tom piece,  three-eighths  of  an  inch ;  height  of  basket,  three  and  seven- 
eighths  inches,  outside  measurement;  top  of  basket,  length  eleven 
inches  and  width  five  inches,  outside  measurement.  Basket  to  have 
a  cover  five  by  eleven  inches,  when  a  cover  is  used ; 

(b)  The  standard  four-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions :  Length  of  bottom  piece,  twelve  inches ;  width  of 
bottom  piece,  four  and  one-half  inches;  thickness  of  bottom  piece, 
three-eighths  of  an  inch ;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches, 
width,  six  and  one-fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used; 

(c)  The  standard  twelve-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions:  Length  of  bottom  piece,  sixteen  inches;  width  of 
bottom  piece,  six  and  one-half  inches;  thickness  of  bottom  piece, 
seven-sixteenths  of  an  inch;  height  of  basket,  seven  and  one-six- 
teenth inches,  outside  measurement;  top  of  basket,  length  nineteen 
inches,  width  nine  inches,  outside  measurement.  Basket  to  have 
cover  nine  inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  2.  Small  fruit  baskets. — That  the  standard  basket  or  other  con- 
tainer for  small  fruits,  berries,  and  vegetables  shall  be  of  the  follow- 
ing capacities,  namely,  dry  one-half  pint,  dry  pint,  dry  quart,  or 
multiples  of  the  dry  quart. 

(a)  The  dry  half  pint  shall  contain  sixteen  and  eight-tenths  cubic 
inches ; 

(b)  The  dry  pint  shall  contain  thirty-three  and  six-tenths  cubic 
inches ; 

(c)  The  dry  quart  shall  contain  sixty-seven  and  two-tenths  cubic 
inches. 

Sec.  3.  Penalty  for  violation. — That  it  shall  be  unlawful  to  manu- 
facture for  shipment,  or  to  sell  within  the  State  any  Climax  baskets 
or  other  containers  for  small  fruits,  berries,  or  vegetables,  whether 
filled  or  unfilled,  which  do  not  conform  to  the  provisions  of  this  act; 
and  any  person  guilty  of  a  wilful  violation  of  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  exceeding  twenty-five 
dollars :  Provided,  That  nothing  herein  contained  shall  apply  to  the 
manufacture,  sale,  or  shipment  of  Climax  baskets,  baskets,  or  other 
containers  for  small  fruits,  berries,  and  vegetables  when  intended 
for  export  to  foreign  countries  when  such  Climax  baskets,  baskets,  or 
other  containers  for  small  fruits,  berries,  and  vegetables  accord  with 
the  specifications  of  the  foreign  purchasers  or  comply  with  the  law 
of  the  country  to  which  shipment  is  made  or  to  be  made. 


MICHIGAN  403 

Sec.  4.  Who  to  test,  etc. — That  the  examination  and  test  of  Climax 
baskets,  baskets,  or  other  containers  for  small  fruits,  berries,  and 
vegetables,  for  the  purpose  of  determining  whether  such  baskets  op 
other  containers  comply  with  the  provisions  of  this  act,  shall  be 
made  by  the  dairy  and  food  department,  and  the  dairy  and  food 
commissioner  shall  establish  and  promulgate  rules  and  regulations 
allowing  such  reasonable  tolerances  and  variations  as  may  be  found 
necessary. 

Sec.  5.  Prosecuting  attorney,  duty  of. — That  it  shall  be  the  duty  of 
each  prosecuting  attorney,  to  Avhom  satisfactory  evidence  of  any  vio- 
lation of  the  act  is  presented,  to  cause  appropriate  proceedings  to  be 
commenced  and  prosecuted  in  the  proper  courts  of  the  State  for  the 
enforcement  of  the  penalties  as  in  such  case  herein  provided. 

Sec.  6.  When  dealer  not  liable. — That  no  dealer  shall  be  prose- 
cuted under  the  provisions  of  this  act  when  he  can  establish  a 
guaranty  signed  by  the  manufacturer,  wholesaler,  jobber,  or  other 
party  residing  within  the  United  States  from  whom  such  Climax 
baskets,  baskets,  or  other  containers,  as  defined  in  this  act,  were  pur- 
chased, to  the  effect  that  said  Climax  baskets,  baskets,  or  other  con- 
tainers are  correct  within  the  meaning  of  this  act.  Said  guaranty, 
to  afford  protection,  shall  contain  the  name  and  address  of  the  party 
or  parties  making  the  sale  of  Climax  baskets,  baskets,  or  other  con- 
tainers to  such  dealer,  and  in  such  case  said  party  or  parties  shall 
be  amenable  to  the  prosecutions,  fines,  and  other  penalties  which 
would  attach  in  due  course  to  the  dealer  under  the  provisions  of  this 
act. 

Acts,  1917,  Act  88,  p.  160. 

Sec.  1.  Standard  barrel  for  fruits  and  vegetables;  dimensions.— The 
standard  barrel 2  for  fruits,  vegetables,  and  other  dry  commodities 
other  than  cranberries  shall  be  of  the  following  dimensions  when 
measured  without  distention  of  its  parts:  Length  of  staves,  twenty- 
eight  and  one-half  inches;  diameter  of  heads,  seventeen  and  one- 
eighth  inches;  distance  between  heads,  twenty-six  inches;  circum- 
ference of  bul<re,  sixty-four  inches,  outside  measurement;  and  the 
thickness  of  staves  not  greater  than  four-tenths  of  an  inch:  Pro- 
vided, That  any  barrel  of  a  different  form  having  a  capacity  of 
seven  thousand  fifty-six  cubic  inches  shall  be  a  standard  barrel. 
The  standard  barrel  for  cranberries  shall  be  of  the  following  dimen- 
sions when  measured  without  distention  of  its  parts :  Length  of 
staves,  twenty-eight  and  one-half  inches;  diameter  of  heads,  sixteen 
and  one-fourth  inches;  distance  between  heads,  twenty-five  and  one- 
fourth  inches;  circumference  of  bulge,  fifty-eight  and  one-half 
inches,  outside  measurement ;  and  the  thickness  of  staves  not  greater 
than  four-tenths  of  an  inch. 

Sec.  2.  Unlawful  to  sell,  etc.,  barrel  of  less  capacity. — It  shall  be 
unlawful  to  sell,  offer,  or  expose  for  sale  in  this  State,  or  to  ship  from 
this  State,  to  any  other  State,  Territory,  or  the  District  of  Columbia 
or  to  a  foreign  country,  a  barrel  containing  fruits  or  vegetables  or 
any  other  dry  commodity  of  less  capacity  than  the  standard  barrels 
defined  in  the  first  section  of  this  act,  or  subdivisions  thereof  known 
as  the  third,  half,  and  three-quarter  barrel,  and  any  person  guilty 

■  See  note,  i>.  20,  relative  to  Federal  standard  barrel. 


404  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

of  a  wilful  violation  of  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  liable  to  a  fine  not  to  exceed 
one  hundred  dollars,  in  any  court  of  this  State  having  jurisdiction : 
Provided,  however,  That  no  barrel  shall  be  deemed  below  standard 
within  the  meaning  of  this  act  when  shipped  to  any  foreign  country 
and  constructed  according  to  the  specifications  or  directions  of  the 
foreign  purchase]-  if  not  constructed  in  conflict  with  the  laws  of  the 
foreign  country  to  which  the  same  is  intended  to  be  shipped. 

Sec.  3.  Variations. — Reasonable  variations  shall  be  permitted  and 
tolerance  established  by  rules  and  regulations  made  by  the  Director 
of  the  Bureau  of  Standards  and  approved  by  the  Secretary  of  Com- 
merce. Prosecutions  for  offenses  under  this  act  may  be  begun  upon 
complaint  of  local  sealers  of  weights  and  measures  or  other  officer  of 
the  State  appointed  to  enforce  the  laws  of  the  said  State,  relating 
to  weights  and  measures:  Provided,  ho'ioever,  That  nothing  in  this 
act  shall  apply  to  barrels  used  in  packing  or  shipping  commodities 
sold  exclusively  by  weight  or  numerical  count. 

Sec.  5.  Repealing  clause.— An  act  entitled  "An  act  to  regulate  the 
size  of  dry  or  packing  barrels  for  fruits,  roots  and  vegetables," 
being  section  six  thousand  two  hundred  fifty-four  of  the  compiled 
laws  of  nineteen  hundred  fifteen,  be  and  the  same  is  hereby  repealed. 

Acts,  1925,  Act  No.  145,  p.  186. 

Sec.  1.  "  Fancy  table  grapes,"  size  of  container. — "  Fancy  table 
grapes  "  shall  be  packed  in  two  or  four  quart  Climax  baskets  or  car- 
riers of  two  or  more  small  units,  or  any  container  of  less  than  twelve- 
quart    (sixteen-pound)    capacity,  -  *     *     * 

Sec.  2.  "  No.  1  grapes." — "  No.  1  grapes  "  shall  be  packed  in  twelve- 
quart  (sixteen-pound)  capacity  Climax  baskets,  or  larger  containers, 
*     *     * 

Sec.  3.  "  No.  2  grapes." — "  No.  2  grapes  "  shall  be  packed  in  twelve- 
quart  (sixteen-pound)  capacity  Climax  baskets,  or  larger  capac- 
ity,    *     *     * 

Sec.  4.  "  Frosted  grapes." — Grapes  that  have  been  subjected  to  frost 
injury  prior  to  harvest  may  be  packed  only  in  twelve-quart  (six- 
teen-pound) capacity  Climax  baskets,  or  containers  of  larger  capac- 
ity,    *     *     * 

Sec.  5.  Marking. — All  containers  shall  be  clean  and  in  good  condi- 
tion, and  shall  be  conspicuously  and  legibly  marked  declaring:  (1) 
The  name  and  address  of  the  person,  firm  or  association  under  whose 
authority  the  grapes  were  packed,  sold  or  offered  for  sale.  (2)  The 
name  of  the  grade.  (3)  The  net  contents.  (4)  The  name  of  the 
variety  of  the  grapes.  If  the  variety  of  the  grapes  is  unknown, 
it  shall  be  so  stated.  Excepting  as  otherwise  provided  in  this  act, 
the  labeling  or  marking  of  the  containers  shall  be  done  with  letters 
not  less  than  one-fourth  inch  in  height  before  leaving  the  premises 
of  the  person  or  persons  responsible  for  the  grading  and  packing. 

Sec.  6.  Small  units. — *  *  *  "  Small  units  "  means  not  to  exceed 
four-quart  capacit.y  containers. 

Sec.  7.  Who  may  inspect. — The  commissioner  of  agriculture,  his 
inspectors  or  agents,  for  the  purpose  of  inspection  and  enforcement 
of  this  act,  or  any  section  or  part  of  section  thereof,  are  given 
authority  and  power  to  enter  into  or  upon  any  premises  or  property, 


MICHIGAN  405 

without  warrant,  where  grapes  are  packed,  exposed,  offered  or  con- 
signed for  sale,  or  held  in  possession  for  storage  or  delivery,  and 
inspect  the  same,  also  procure,  upon  market  value  being  tended  or 
accepted,  sufficient  samples  to  present  as  evidence  in  obtaining  com- 
plaint for  prosecution. 

Sec.  8.  Penalty. — Any  person  convicted  of  violating  any  of  the 
provisions  of  this  act  shall,  upon  conviction  thereof  for  the  first  of- 
fense, be  subject  to  a  fine  of  not  more  than  fifty  dollars,  or  imprison- 
ment in  the  county  jail  for  not  to  exceed  thirty  days,  or  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court.  Any  person  con- 
victed for  the  second  and  subsequent  violations  shall  be  subject  to 
a  fine  of  not  more  than  two  hundred  dollars,  or  thirty  clays  in  jail, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the  court 
or  magistrate  before  whom  such  conviction  may  be  had. 

Sec.  9.  Act  repealed. — Act  number  fifty-four  of  the  public  acts  of 
nineteen  hundred  twenty-three  is  hereby  repealed. 

Comp.  Laws,  1915,  Vol.  2,  ch.  124,  p.  2342. 

Sec.  6476  (al915).  When  article  misbranded;  package  must  hear  net 
weight,  count  or  measure. —  (a)  An  article  shall  be  deemed  to  be 
misbranded  within  the  meaning  of  this  act :     *     *     * ; 

Third.  If  in  package  form  every  package,  box,  bottle,  basket  or 
other  container  does  not  bear  the  true  net  weight,  excluding  the 
wrapper  or  container,  which  shall  be  stated  in  terms  of  pounds, 
ounces  and  grains  avoirdupois  weight  or  the  true  net  measure,  which 
measure,  in  case  of  liquids,  shall  be  in  terms  of  gallons  of  two  hun- 
dred and  thirty-one  cubic  inches  or  fractions  thereof,  as  quarts, 
pints  and  ounces  or  the  true  numerical  count,  as  the  case  may  be, 
expressed  on  the  face  of  the  principal  label  in  plain  English  words 
or  numerals,  so  that  it  can  be  plainly  read :  Provided,  however,  That 
reasonable  variations  shall  be  permitted  and  tolerances  therefor  and 
also  exemptions  as  to  small  packages  shall  be  established  and  promul- 
gated by  the  dairy  and  food  commissioner;  Provided,  however,  That 
no  penalty  of  fine,  imprisonment  or  confiscation  shall  be  enforced  for 
any  violation  of  subdivision  third  of  this  section  prior  to  September 
first,  nineteen  hundred  fourteen,  as  to  goods  in  the  hands  of  whole- 
salers or  retailers  when  this  act  takes  effect  or  received  prior  to 
January  one,  nineteen  hundred  fourteen.  The  provisions  of  this 
subdivision  shall  not  apply  to  beverages  in  glass  containers ; 

Fourth.  *  *  *  Every  article  of  food  as  defined  in  the  statutes 
of  this  State  shall  be  sold  by  weight,  measure  or  numerical  count  and 
as  now  generally  recognized  by  trade  custom,  except  where  the 
parties  otherwise  agree,  and  shall  be  labeled  in  accordance  with  the 
provisions  of  the  food  and  beverage  laws  of  this  State.  Only  those 
products  shall  be  sold  by  numerical  count  which  can  not  well  be  sold 
by  weight  or  measure.  All  foods  not  liquid,  if  sold  by  measure, 
shall  be  sold  by  standard  dry  measure,  the  quart  of  which  contains 
sixty-seven  twenty  one-hundredths  cubic  inches,  providing  that  the 
provisions  of  this  section  shall  not  apply  to  fresh  fruit  and  vegetables. 

Comp.  laws,  1915,  Vol.  2,  ch.  120,  p.  2307. 

Sec.  6299  (1913).  "Commercial  fertilizer,"  what  to  include.— The 
term  "  commercial  fertilizer  "  shall  be  held  to  include  any  and  every 
substance,  limestone  or  lime  rock,  imported,  manufactured,  prepared 


406  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

or  sold  for  fertilizing  or  manurial  purposes,  the  retail  price  of  which 
is  ten  dollars  or  more  per  ton.  Every  lot  or  parcel  of  commercial 
fertilizer  sold,  offered  or  exposed  for  sale,  or  distributed  within  this 
State  shall  have  on  each  bag  or  sack,  in  a  conspicuous  place  on  the 
outside,  a  legibile  and  plainly  printed  statement  in  the  English  lan- 
guage clearly  and  truly  certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 

(&)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market;     *     *     * 

Acts,  1917,  Act.  No.  91,  p.  163. 

Sec.  2.  Commercial  feeding  stuffs ;  net  weight  to  be  marked. — Every  lot 
or  parcel  of  commercial  feeding  stuffs  sold,  offered  or  exposed  for 
sale,  or  distributed  within  this  State  shall  have  affixed  thereto  a  tag 
or  label,  in  a  conspicuous  place  on  the  outside,  containing  a  legible 
and  plainly  written  statement  in  the  English  language,  clearly  and 
truly  certifying: 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 

(b)  The  name,  brand  or  trade-mark ; 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market ;     *     *     * 

Comp.  laws,  1915,  Vol.  2,  ch.  124,  p.  2342. 

Sec.  6426  (1907).  Representative  average  sample. — In  taking  samples 
of  milk  or  cream  from  any  milk  can,  cream  can  or  any  container  of 
milk  or  cream,  the  contents  of  such  milk  can,  cream  can,  or  container 
of  milk  and  cream  shall  first  be  thoroughly  mixed  either  by  stirring 
or  otherwise  and  the  sample  shall  be  taken  immediately  after  mixing, 
or  by  any  other  method  which  gives  a  representative  average  sample 
of  the  contents,  and  it  is  hereby  made  a  misdemeanor  to  take  samples 
by  any  method  which  does  not  give  a  representative  average  sample 
where  milk  or  cream  is  bought  or  sold,  and  where  the  value  of  said 
milk  of  cream  is  determined  by  the  butter  fat  contained  in  the  same 
by  the  Babcock  test. 

Sec.  6427.  Standard  testing  glassware. — In  the  use  of  the  Babcock 
test  the  term  "  standard  Babcock  testing  glassware  "  shall  apply  to 
glassware  complying  with  the  following  specifications: 

(a)  Standard  Milk  Test  Bottles. — Graduation:  The  total  per 
cent  graduation  shall  be  eight  per  cent.  The  graduated  portion  of 
the  neck  shall  have  a  length  of  not  less  than  sixty-three  five-tenths 
millimeters  (two  and  one-half  inches).  The  graduation  shall  repre- 
sent whole  per  cent,  five-tenths  per  cent,  and  tenths  per  cent.  The 
tenth  per  cent  graduations  shall  not  be  less  than  three  millimeters  in 
length;  the  five-tenths  per  cent  graduations  shall  be  one  millimeter 
longer  than  the  tenths  per  cent  graduations,  projecting  one  millimeter 
to  the  left ;  the  whole  per  cent  graduations  shall  extend  at  least  one- 
half  way  around  the  neck  to  the  right  and  projecting  two  millimeters 
to  the  left  of  the  tenths  per  cent  graduations.  Each  per  cent  gradu- 
ation shall  be  numbered,  the  number  being  placed  on  the  left  of  the 
scale.  The  arrow  [error]  at  any  point  of  the  scale  shall  not  exceed 
one-tenth  per  cent. 

Neck :  The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall 
extend  for  at  least  nine  millimeters  below  the  lowest  and  above 


MICHIGAN  407 

the  highest  graduation  mark.     The  top  of  the  neck  shall  be  flared 
to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb :  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall 
not  be  less  than  forty-five  cubic  centimeters.  The  shape  of  the  bulb 
may  be  either  cylindrical  or  conical  with  the  smallest  diameter  at 
the  bottom.  If  cylindrical,  the  outside  diameter  shall  be  between 
thirty-four  and  thirty-six  millimeters;  if  conical,  the  outside  diam- 
eter of  the  base  shall  be  between  thirty-one  and  thirty-three  milli- 
meters, and  the  maximum  diameter  between  thirty-five  and  thirty- 
seven  millimeters. 
The  charge  of  the  bottle  shall  be  eighteen  grams. 

The  total  height  of  the  bottle  shall  be  between  one  hundred  fifty 
and  one  hundred  sixty-five  millimeters  (five  and  seven-eighths  and 
six  and  one-half  inches). 

(b)  Standard  Cream  Test  Bottles. — Two  types  of  bottles  shall 
be  accepted  as  standard  cream  test  bottles,  a  fifty  per  cent  nine-gram 
short-neck  bottle  and  a  fifty  per  cent  nine-gram  long-neck  bottle. 

Fifty  per  cent  nine-gram-short-neck  bottles — Graduation :  The 
total  per  cent  graduation  shall  be  fifty.  The  graduated  portion 
of  the  neck  shall  have  a  length  of  not  less  than  sixty-three  five- 
tenths  millimeters  (two  and  one-half  inches).  The  graduation 
shall  represent  five  per  cent,  one  per  cent  and  five-tenths  per  cent. 
The  five  per  cent  graduations  shall  extend  at  least  one-half  way 
around  the  neck  of  the  bottle  (to  the  right).  The  five  per  cent 
graduations  shall  have  a  length  intermediate  between  the  five  per 
cent  and  the  five-tenths  per  cent  graduations.  Each  five  per  cent 
graduation  shall  be  numbered,  the  number  being  placed  on  the  left 
of  the  scale.  The  arrow  [error]  at  any  point  of  the  scale  shall  not 
exceed  five-tenths  per  cent. 

Neck:  The  neck  shall  be  cylindrical  and  the  cylindrical  shape 
shall  extend  at  least  nine  millimeters  below  the  lowest  and  nine 
millimeters  above  the  highest  graduation  mark.  The  top  of  the 
neck  shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb:  The  capacity  of  the  bulk  [bulb]  up  to  the  junction  of  the 
neck  shall  not  be  less  than  forty-five  cubic  centimeters.  The  shape  of 
the  bulb  may  be  either  cylindrical  or  conical  with  the  smallest  diame- 
ter at  the  bottom.  If  cylindrical,  the  outside  diameter  of  the  base 
shall  be  between  thirty-one  and  thirty-three  millimeters  and  the  maxi- 
mum diameter  between  thirty-five  and  thirty-seven  millimeters. 

Charge  of  bottles:  The  charge  of  the  bottle  shall  be  nine  grams. 
All  bottles  shall  bear  on  top  of  the  neck  above  the  graduations, 
in  plainly  legible  characters,  a  mark  defining  the  weight  of  the 
charge  to  be  used  (nine  grams). 

Height  of  bottle :  The  total  height  of  the  bottle  shall  be  one  hun- 
dred fifty  and  one  hundred  sixty-five  millimeters  (five  and  seven- 
eights  and  six  and  one-half  inches),  same  as  standard  milk  test 
bottles. 

Fifty  per  cent  nine-gram  long-neck  bottles:  The  same  specifica- 
tions in  every  detail  as  specified  for  the  fifty  per  cent  nine  gram 
short-neck  bottle  shall  apply  for  the  long-neck  bottle  with  the  ex- 
ception, however,  that  the  total  height  of  this  bottle  shall  be  between 
two  hundred  ten  and  two  hundred  thirty-five  millimeters  (eight  and 
one-half  and  eight  and  seven-eighths  inches)    and  that  the  total 


408  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

length  of  the  graduation  shall  be  not  less  than  one  hundred  twenty 
millimeters. 

The  Standard  Babcock  Pipette. — Total  length  of  pipette  shall 
be  not  more  than  three  hundred  thirty  millimeters  (thirteen  and  one- 
fourth  inches).  Outside  diameter  of  suction  tube  six  to  eight  milli- 
meters. Length  of  suction  tube  one  hundred  twenty  millimeters. 
Outside  diameter  tube  one  hundred  to  one  hundred  twenty  milli- 
meters. Distance  of  graduation  mark  above  bulb  thirty  to  sixty 
millimeters.  Nozzle  straight.  Delivery  seventeen  six-tenths  cubic 
centimeters  of  water  at  twenty  degrees  O,  in  five  to  eight  seconds. 

Butter-fat  and  cream  scales:  All  butter-fat  and  cream  scales  used 
for  the  purpose  of  determining  the  value  or  per  cent  of  butter- fat 
content  of  milk  or  cream  by  the  Babcock  test  shall  be  subject  to  the 
following  specifications : 

Graduated  face:  1.  The  scale  shall  be  provided  with  a  graduated 
face  of  at  least  ten  divisions  over  which  the  pointer  shall  play. 

Pointer :  2.  The  pointer  must  reach  to  the  graduated  divisions  and 
shall  terminate  in  a  fine  point  to  enable  the  readings  to  be  made 
clearly  and  distinctly. 

Interval :  3.  The  clear  interval  between  the  divisions  on  the  grad- 
uated face  shall  not  be  less  than  five  one-hundredths  inch. 

Leveling  screws  required  when :  4.  All  scales  whose  weight  indica- 
tions are  changed  by  an  amount  greater  than  one-half  the  tolerance 
allowed,  when  set  in  any  position  on  a  surface  making  an  angle  of 
three  degrees  or  approximately  five  per  cent  with  the  horizontal, 
shall  be  equipped  with  leveling  screws  and  a  device  which  will  indi- 
cate when  the  scale  is  level:  Pnovided,  however,  That  the  scale  shall 
be  rebalanced  at  zero  each  time  its  postion  is  altered  during  the  test. 

Sensibility  under  load :  5.  The  addition  of  one-half  grain  to  the 
scale  when  loaded  to  capacity  shall  cause  a  movement  of  the  pointer 
at  least  equal  to  one  division  on  the  graduated  face. 

Sensibility  reciprocate :  6.  The  sensibility  reciprocal  and  toler 
ance  of  cream  test  and  butter-fat  test  scales  shall  be  one-half  grain 
(thirty  milligrams).  Every  person,  firm,  company,  association,  cor- 
poration or  agent  thereof  buying  and  paying  for  milk  or  (Team 
on  the  basis  of  the  amount  of  butter  fat  contained  therein  as  deter- 
mined by  the  Babcock  test  shall  use  standard  Babcock  test  bottles, 
pipettes  an  daccurate  weights  and  scales  as  defined  in  this  act. 

Sec.  6428.  "Unlawful  reading  of  test. — It  shall  be  unlawful  for  the 
•owner,  manager,  agent,  or  any  employee  of  a  cheese  factory,  cream- 
ery, condensed  milk  factory  or  milk  depot  or  other  place  where  milk 
or  cream  is  tested  for  quality  or  value  to  falsely  manipulate  or  under- 
read  or  overread  the  Babcock  test,  or  make  settlements  on  any  other 
bases  that  the  correct  reading  of  the  Babcock  test  or  any  other 
contrivance  used  for  determining  the  quality  or  value  of  milk  or 
cream  where  the  value  of  said  milk  or  cream  is  determined  by  the 
per  cent  of  butter  fat  contained  in  the  same  or  to  make  any  false 
determination  by  the  Babcock  test  or  otherwise. 

Sec.  6429.  Penalty. — Whoever  shall  violate  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  and  every  offense  or  be  imprisoned 
in  the  county  jail  not  less  than  ten  days  nor  more  than  thirty  days. 


MICHIGAN  409 

Comp.  Laws,  1915,  Vol.  2,  ch.  156,  p.  2939. 

See.  8231  (1913).  False  description  or  weights  of  freight;  penalty. — 
Any  person,  firm  or  corporation  who  shall  knowingly  offer 
any  goods,  property  or  effects  to  an}'  common  carrier  for  transpor- 
tation within  this  State  with  a  false  description  of  the  same,  or 
who  shall  offer  any  such  goods,  property  or  effects  under  a  false 
billing,  false  classification  or  false  weight  and  thereby  procure  or 
attempt  to  procure  the  transportation  of  any  such  goods,  property 
or  effects  at  a  less  cost  than  would  be  due  under  a  true  description, 
true  billing,  true  classification  or  true  weight,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  any  court 
of  competent  jurisdiction  shall  be  punished  by  a  fine  of  not  to  exceed 
two  hundred  dollars  or  by  imprisonment  in  the  county  jail  for  a 
term  not  to  exceed  ninety  days,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court. 

Comp.  Laws,  1915,  Vol.  2,  ch.  103,  p.  2080. 

Sec.  5521  (1913).  Inspector  of  weights  at  coal  mines. — The  State 
coal  mine  inspector  shall  be  ex  officio  inspector  of  weights,  measures 
and  scales  used  at  coal  mines,  and  he  is  hereby  empowered  and  it 
shall  be  his  duty  to  test  all  the  scales,  correctly  measure  the  weight 
of  such  coal,  and  if  defects  or  irregularities  are  found  in  such  scales, 
which  prevent  correct  weights  and  measurements,  the  inspector  shall 
call  the  attention  of  the  mine  owner,  agent  or  operator  to  such  defects, 
and  shall  direct  the  same  to  be  at  once  properly  adjusted  and  cor- 
rected. 

Sec.  5522.  Test  weights. — For  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  the  State  inspector  shall  be  furnished  by  the  State 
with  a  complete  set  of  standard  weights,  suitable  for  testing  the 
accuracy  of  track  scales  and  of  all  smaller  scales  at  mines.  Such 
test  weights  shall  remain  in  the  custody  of  the  inspector  for  use  at 
any  point  within  the  State,  and  for  any  amounts  expended  by  him 
for  storage,  transportation  or  handling  of  the  same,  he  shall  be  fully 
reimbursed  upon  making  entry  of  the  proper  items  in  his  expense 
voucher. 

Sec.  5523.  Weighmen  to  make  oath. — All  weighmen  who  shall  per- 
form the  duty  of  weighing  coal  shall  be  sworn  by  some  one  compe- 
tent to  administer  a  legal  oath,  that  they  will  perform  their  duty 
accurately  and  impartially  as  between  employers  and  employes,  and 
that  they  will  honestly  report  and  record  all  weights  of  coal  with 
which  they  are  entrusted.  The  coal  mine  employes  shall  have  the 
right  to  name  a  competent  and  fair  check  weighman,  who  shall  be 
paid  by  the  employes  and  be  sworn  by  one  authorized  to  administer 
oaths. 


MINNESOTA 

Gen.  Stats.,  1923,  ch.  28A,  p.  729. 

Sec.  5270  (1911).  Department  created,  under  jurisdiction  railroad  and 
warehouse  commission. — There  is  hereby  created  a  department  to  be 
known  as  the  department  of  "  weights  and  measures,"  hereafter  re- 
ferred to  as  the  department,  and  it  shall  be  under  the  jurisdiction  of 
the  railroad  and  warehouse  commission,  hereafter  referred  io  as  the 
commission,  which  shall  have  supervision  and  control  over  all 
weights,  weighing  devices  and  measures  in  the  State. 

Sec.  5271.  Commission  to  appoint  commissioner  and  deputies;  bond. — 
The  commission  shall  appoint  a  commissioner  of  weights  and  meas- 
ures and  such  deputies  and  other  employees  as  may  be  necessary  to 
cany  out  the  provisions  of  this  chapter  and  fix  their  compensation. 
The  commissioner  of  weights  and  measures  and  the  deputies  shall 
give  a  bond  in  a  sum  to  be  fixed  and  approved  by  the  commission. 
The  commission  shall  provide  for  such  examinations  as  it  may  deem 
necessary  to  determine  the  qualifications  and  fitness  of  appointees. 

Sec.  5272  (1919).  Commissioner  of  weights  and  measures  salary  and 
deputies. — The  salary  of  the  commissioner  of  weights  and  measures 
shall  be  twenty-five  hundred  dollars  per  annum,  and  all  deputies 
not  to  exceed  fifteen  hundred  dollars  per  annum. 

Sec.  5273.  Fees  to  be  paid  into  State  treasury. — All  moneys  collected 
by  the  department  for  special  services,  fees  and  penalties  shall  be 
paid  into  the  State  treasury,  and  credited  to  a  fund  known  as  the 
weights  and  measures  fund,  and  available  for  the  use  of  the  depart- 
ment of  weights  and  measures. 

Sec.  5275  (1911).  Rules,  authority  of  commission  to  adopt  and  change: 
force  of. — The  commission  shall  prescribe  and  adopt  such  rules  and 
regulations  as  it  may  deem  necessary  to  carry  out  the  provisions  of 
this  chapter,  and  it  may  change,  modify  or  amend  any  or  all  rules 
whenever  deemed  necessary,  and  the  rules  so  made  shall  have  the 
force  and  effect  of  law. 

Sec.  5276.  Duties  of  the  department;  care  of  State  standards;  test  other 
standards;  to  have  general  supervision  of  weights  and  measures,  etc.;  to 
keep  record;  annual  report. — The  department  shall  take  charge  of, 
keep  and  maintain  in  good  order  the  standard  of  weights  and  meas- 
ures of  the  State  and  submit  them  to  the  Bureau  of  Standards  of 
Washington,  D.  C,  for  certification  when  it  is  deemed  necessary; 
and  shall  keep  a  seal  so  formed  as  to  impress  the  letters  "  MINN  " 
and  the  date  of  sealing  upon  the  weights  and  measures  that  are 
sealed;  it  shall  test,  correct  and  seal,  when  found  to  be  accurate,  at 
least  once  every  year  and  as  much  oftener  as  may  be  necessary,  all 
the  copies  of  the  standards  used  throughout  the  State  for  the  pur- 
pose of  testing  the  weighing  or  measuring  apparatus  used  in  the 
State,  and  keep  a  record  thereof ;  it  shall  have  general  supervision  of 
the  weights,  measures  and  weighing  or  measuring  devices  offered  for 

410 


MINNESOTA  411 

sale,  sold  or  in  use  in  the  State ;  and  shall,  upon  the  written  request  of 
any  person,  test  or  calibrate  weights,  measures,  weighing  or  meas- 
uring devices  and  instruments  or  apparatus  used  as  standards  in  the 
State ;  it  shall  keep  a  complete  record  of  the  standards,  balances  and 
all  testing  and  sealing  apparatus  owned  by  the  State,  and  shall 
annually  during  the  first  fifteen  (15)  days  of  January,  make  a 
report  of  its  actions  to  the  governor  of  the  State. 

Sec.  5277.  Authority  of  department;  weights,  measures,  etc.,  may  be 
condemned,  seized,  or  destroyed,  when. — The  department  or  any  of  its 
employees  shall  have  power  to  inspect  and  test  all  weights,  scales, 
beams  and  measures  of  every  kind,  instruments  and  mechanical 
devices  for  measurement,  and  tools,  appliances  or  accessories  con- 
nected with  any  or  all  such  instruments  for  measurement  that  are 
kept,  offered  or  exposed  for  sale,  or  sold,  or  used  or  employed  within 
this  State  by  any  person  in  determining  the  size,  quantity,  extent, 
area  or  measurement  of -quantities,  things,  produce,  articles  for  dis- 
tribution or  consumption,  offered  or  submitted  by  any  person  for 
sale,  hire  or  reward;  and  it  shall,  at  least  once  in  each  year,  and  as 
much  oftener  as  may  be  deemed  necessary,  see  that  the  weights, 
measures  and  all  apparatus  used  in  the  State  are  correct.  In  the 
general  performance  of  this  duty  the  department,  or  any  of  its 
employees,  may  enter  or  go  into  and  upon  any  stand,  place,  building 
or  premises  to  stop  any  vendor,  peddler,  junk  dealer,  coal  wagon, 
ice  wagon,  delivery  wagon  or  any  dealer  whatsoever  and  require  him, 
if  necessary,  to  proceed  to  some  place  which  the  scaler  [sealer]  may 
specify  for  the  purpose  of  making  proper  tests.  Scales,  weights, 
measures  or  weighing  or  measuring  instruments  that  are  found, 
upon  inspection,  to  correspond  with  the  standards  in  the  possession 
of  the  department  shall  be  sealed  with  proper  devices  to  be  approved 
by  the  commission.  Any  employee  shall  condemn,  seize  and  destroy 
incorrect  weights,  measures  or  weighing  or  measuring  devices  which, 
in  the  judgment  of  the  department  can  not  be  satisfactorily  repaired, 
and  such  as  are  incorrect  and  yet  may  be  repaired,  shall  be  marked 
as  "  Condemned  for  repair,"  in  the  manner  to  be  prescribed  by  the 
department.  The  owners  or  users  of  any  scales,  weights,  measures  or 
weighing  or  measuring  instrument  which  have  been  so  disposed  of 
shall  have  the  same  repaired  or  corrected  within  thirty  (30)  days 
and  the  same  shall  not  be  used  or  disposed  of  in  any  way  without 
the  consent  of  the  department. 

Sec.  5278.  False  scale,  weight,  measures,  etc.,  sale  or  use  of;  misde- 
meanor; penalty. — Any  person  who  shall  offer  or  expose  for  sale,  sell 
or  use,  or  have  in  his  possession  a  false  scale,  weight  or  measure,  or 
weighing  or  measuring  device,  or  any  weight  or  measure  or  weigh- 
ing or  measuring  device  which  has  not  been  sealed  within  one  year, 
as  provided  by  this  law,  or  use  the  same  in  the  buying  or  selling  of 
any  commodity  or  thing;  or  who  shall  dispose  of  any  condemned 
weight,  measure  or  weighing  or  measuring  device,  or  remove  any 
tag  placed  thereon  by  an  authorized  employee  of  the  department, 
or  shall  sell  or  offer  or  expose  for  sale  less  than  the  quantity  he  repre- 
sents; or  sell  or  offer  or  expose  for  sale  any  such  commodities  in 
the  manner  contrary  to  law;  or  shall  sell  or  offer  for  sale  or  have 
in  his  possession  for  the  purpose  of  selling,  any  device  or  instru- 
ment toTe  used  to,  or  calculated  to,  falsify  any  weight  or  measure, 


412  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

or  shall  refuse  to  pay  any  fee  charged  for  testing  and  sealing  or 
condemning  any  scale,  weight  or  measure,  or  weighing  or  measuring 
device,  shall  be  guilty  of  a  misdemeanor  and  shall,  upon  conviction, 
be  fined  a  sum  not  less  than  twenty  dollars  ($20)  nor  more  than  one 
hundred  dollars  ($100)  or  by  imprisonment  for  not  less  than  ten  (10) 
days  nor  more  than  ninety  (90)  days,  and  the  costs  of  such  proceed- 
ings. No  scale,  weight,  measure,  or  weighing  or  measuring  device 
that  has  been  sealed  by  the  department  shall  be  used,  sold  or  exposed 
for  sale  until  the  fee  charged  for  the  service  has  been  paid. 

Sec.  5279.  Hindering  or  restricting  any  employee;  misdemeanor;  pen- 
alty.— Any  person  hindering,  impeding  or  restricting  in  any  way 
any  employee  of  the  department  while  in  the  performance  of  his 
official  duty  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
be  punished  by  a  fine  of  not  less  than  twenty  dollars  ($20)  nor  more 
than  one  hundred  dollars  ($100)  or  by  imprisonment  for  not  less 
than  ten  (10)  days  nor  more  than  ninety  (90)  days  for  each  offense. 

Sec.  5280.  Police  power. — The  said  department  and  all  authorized 
employees  under  the  provisions  of  this  act  are  hereby  made  special 
policemen  and  are  authorized  and  empowered  to  arrest,  without 
formal  warrant,  any  violator  of  the  statute  in  relation  to  weights 
and  measures,  and  to  seize  for  use  as  evidence  and  without  formal 
warrant,  any  false  weight,  measure,  or  weighing  or  measuring  device 
or  package  or  kind  of  commodity  found  to  be  used,  retained  or 
offered  or  exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  5281.  State  and  county  treasurers  to  deliver  standards  to  the 
department. — The  State  treasurer  and  the  county  treasurers  of  the 
various  counties  shall  deliver  to  the  department  all  standards  of 
weights  and  measures,  balances,  testing  apparatus  and  sealing  equip- 
ment now  in  their  possession  within  ninety  (90)  days  after  the 
passage  of  this  act. 

Sec.  5282  (al915).  No  fees  for  annual  inspection;  cost  of  inspection 
at  other  times;  fees  for  special  service,  etc. — No  fee  shall  be  charged 
for  the  regular  annual  inspection  of  scales,  weights,  measures  and 
weighing  or  measuring  devices.  At  all  other  times,  the  cost  of  the 
inspection  shall  be  paid  by  the  owner  when  the  same  is  performed 
at  his  request;  and  when  made  at  the  request  of  some  other  person 
the  cost  shall  be  paid  by  the  owner,  if  the  scale,  weight,  measure 
and  weighing  or  measuring  device  is  found  to  be  incorrect ;  otherwise 
by  the  person  making  the  request.  The  commission  shall  have  power 
to  fix  the  fees  and  expenses  for  all  special  services.  The  sum  of 
ten  thousand  dollars  ($10,000),  together  with  the  sum  in  the  weights 
and  measures  fund,  is  hereby  appropriated  for  the  payment  of  sal- 
aries of  employees  and  expenses  of  said  department  for  the  fiscal 
year  ending  July  31st,  1915,  and  thirty  thousand  dollars  ($30,000) 
annually  for  the  fiscal  years  ending  July  31st,  1916  and  1917,  and 
the  same  or  so  much  thereof  as  may  be  necessary,  shall  be  allowed 
and  paid  by  the  State,  upon  the  approval  of  a  member  of  the  rail- 
road and  warehouse  commission,  and  the  State  auditor.  All  monies 
collected  by  the  department  for  special  services,  fees  and  penalties 
shall  be  paid  into  the  State  treasury,  and  credited  to  the  State  rev- 
enue fund. 

Sec.  5283  (1911).  Definition.— The  word  "person"  shall  be  con- 
strued to  mean  person  or  persons,  corporation,  partnership,  stock 
company,  or  the  agent  or  employee  thereof. 


MINNESOTA 


413 


Gen.  Stats.,  1923,  ch.  50,  p.  986. 

Sec.  7021  (al913).  Dry  measure The  standard  measure  of  capacity 

for  commodities  sold  by  dry  measure,  shall  be  the  bushel  containing 
2,150.42  cubic  inches.  The  half  bushel,  peck,  half  peck,  quarter 
peck,  quart  and  pint  shall  be  derived  by  successively  dividing  that 
measure  by  two. 

Sec.  7022.  Liquid  measure. — The  standard  measure  of  capacity  for 
liquids,  shall  be  the  wine  gallon,  containing  231  cubic  inches;  and 
31.50  gallons  shall  constitute  a  barrel,  except  for  fermented  malt 
liquors,  which  shall  be  a  barrel  of  31  gallons,  and  63  gallons  a 
hogshead. 

Sec.  7023.  Lineal  measure. — The  standard  measure  of  length,  from 
which  all  other  measures  of  extension,  lineal,  superficial,  or  solid, 
shall  be  derived,  is  the  yard,  of  3  feet,  or  36  inches. 

Sec.  7024.  Hundredweight. — In  contracts  for  the  sale  of  goods  or 
commodities,  the  term  "  hundredweight "  shall  mean  100  pounds 
avoirdupois. 

Sec.  7025.  Standard  weights  of  bushel. — In  contracts  for  the  sale  of 
any  of  the  following  articles,  the  term  "  bushel "  shall  mean  the  num- 
ber of  pounds  avoirdupois  herein  stated.1 


Pounds 
._     70 


Corn  in  ear 1 

Beans  (except  lima  beans,  scarlet 

runner  pole  beans,    and    white 

runner  pole  beans,    and    broad 

Windsor  beans) ... 60 

Smooth  peas 60 

Wheat 60 

Clover  seed 60 

Irish  potatoes 60 

Alfalfa 60 

Broomcorn  seed 57 

Sorghum  seed 57 

Shelled  corn  (except  sweet  corn)..  56 

Rye 56 

Lima  beans 56 

Flaxseed 56 

Wrinkled  peas 56 

Sweet  potatoes 55 

Turnips 55 

Onions 52 

Rutabagas 52 

Buckwheat 50 

Hempseed 50 

Rapeseed 50 

Beets 50 

Green  apples 50 

Walnuts 50 

Rhubarb 50 

Hickory  nuts 50 

Chestnuts 50 

Sec.  7026  (1913).  Standard  measurement  of  wood. — In  all  contracts 
for  sale  of  wood  the  term  "  cord  "  shall  mean  128  cubic  feet  of  wood, 
in  four-foot  lengths;  and  if  the  sale  is  of  "  sawed  wood,"  a  cord  shall 
mean  110  cubic  feet  when  ranked,  or  160  cubic  feet  when  thrown 

irregularly  or  loosely  into  a  conveyance  for  delivery  to  the  pur- 
chaser; and  if  the  sale  is  of  "sawed  and  split  wood,"  a  cord  shall 


Pounds 

Tomatoes 50 

Scarlet  runner  pole  beans 50 

White  runner  pole  beans 50 

Barley 48 

MiUet 48 

Hungarian-grass  seed 48 

Sweet  corn 48 

Cucumbers 48 

Peaches 48 

Broad  Windsor  beans 47 

Carrots 45 

Timothy  seed 45 

Pears 45 

Parsnips 42 

Spelt  or  spilts 40 

Cranberries 36 

Oats 32 

Bottom  onion  sets 32 

Dried  apples 28 

Dried  peaches 28 

Top  onion  sets 28 

Peanuts 22 

Blue  grass 14 

Orchard  grass 14 

Red-top  seed 14 

Plastering  hair,  unwashed 8 

Plastering  hair,  washed 4 

Lime  (but  if  sold  by  the  barrel  the 

weight  shall  be  200  pounds) 80 


>  For  convenience  in  printing  a  slight  change  has  been  made  in  arrangement  of  these  articles. 


414  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

mean  120  feet,  when  ranked,  and  175  cubic  feet  when  thrown  irregu- 
larly and  loosely  into  a  conveyance  for  delivery. 

Sec.  7027.  Standard  weight  of  coal,  charcoal  and  ice. — In  all  contracts 
for  the  sale  of  coal,  charcoal,  and  ice,  the  term  "ton"  shall  mean 
2,000  pounds.  A  sale  of  coal,  charcoal  and  ice,  except  by  weight,  is 
hereby  prohibited. 

Sec.  7028.  Standard  weight  of  flour. — In  all  contracts  for  the  sale 
of  flour,  the  term  "  barrel "  shall  mean  196  net  pounds  avoirdupois. 

Sec.  7029.  Fractional  parts. — All  contracts  for  the  sale  of  a  frac- 
tional part  of  a  bushel,  barrel,  ton  or  cord  of  any  article  or  com- 
modity on  which  the  legal  weight  or  measurement  per  bushel,  bar- 
rel, ton  or  cord  has  been  established,  shall  require  and  mean  a  like 
fractional  part  of  the  legal  and  established  weight  or  measurement 
per  bushel,  barrel,  ton  or  cord. 

Sec.  7030.  Penalty  for  violation. — Whoever,  in  buying,  shall  take 
any  greater  number  of  pounds  or  cubic  feet  to  the  bushel,  barrel, 
ton  or  cord,  as  the  case  may  be,  than  is  herein  allowed  and  provided, 
or  in  selling,  shall  give  any  less  number,  shall  be  guilty  of  a  "mis- 
demeanor, and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dol- 
lars ($100),  or  by  imprisonment  for  not  less  than  ten  (10)  days  nor 
more  than  ninety  (90)  days  in  the  county  jail,  and  the  cost  of  such 
proceeding. 

Sec.  7031.  Variations;  duty  of  railroad  and  warehouse  commission. — 
The  railroad  and  warehouse  commission  shall  establish  uniform  tol- 
erances or  reasonable  variation  to  take  care  of  unavoidable  shrinkage, 
and  of  scale  variations  in  handling  and  weighing  of  any  of  the  arti- 
cles mentioned  in  this  act. 

Gen.  Stats.,  1923,  ch.  9,  p.  146. 

Sec.  1186  (al909).  Powers  of  council;  markets;  public  scales. — -The 
village  council  *  *  *  shall  have  power  to  adopt,  amend,  or 
repeal  all  such  ordinances,  rules,  and  by-laws  as  it  shall  deem  expe- 
dient for  the  following  purposes:     *     *     * 

10.  To  establish  and  regulate  markets,  provide  public  scales, 
appoint  a  weighmaster,  and  restrain  sales  in  the  streets. 

Sec.  1861  (1907).  Inspectors  of  meters. — That  in  addition  to  the 
powers  heretofore  granted  by  law  to  the  cities  and  villages  in  this 
State,  which  power  shall  not  be  limited  or  abridged  by  the  pro- 
visions of  this  act,  there  is  hereby  granted  to  the  council  or  govern- 
ing board  of  any  such  city  or  village  the  power  and  authority  to 
appoint  inspectors  of  gas,  electric  light,  heat  and  water  meters. 

Sec.  1862.  Duties,  etc. — Such  inspector  shall  have  power  and 
authority  to,  at  all  reasonable  hours,  inspect  and  read  any  gas, 
electric  light,  heat  or  water  meters,  whether  the  same  be  connected 
with  a  plant  owned  by  such  municipality,  or  owned  or  operated 
by  any  person,  corporation  or  association  in  said  city  or  village. 
Such  inspection  may  be  made  either  under  the  direction  of  the  coun- 
cil or  governing  board  of  any  such  city  or  village,  or  at  the  request 
of  any  private  owner  or  patron  of  any  such  gas,  electric  light,  heat 
or  water  plant,  and  such  inspector — when  requested  or  required  so 
to  do — shall  report  upon  the  condition  of  any  such  meter  and  in 
reference  to  such  other  matters  concerning  the  same  as  shall  be  re- 
quired of  such  inspector,  that  the  term  of  office  of  such  inspector 


MINNESOTA  415 

shall  not  be  for  a  longer  period  than  two  years  and  that  the  said 
inspector's  salary  shall  not  exceed  fifteen  hundred  dollars  annually. 

Sec.  1863.  Salary. — The  council  or  governing  board  of  any  such 
city  or  village  shall  have  the  power  and  authority  to  fix  and  deter- 
mine the  compensation  to  be  paid  to  or  received  by  such  inspector, 
and  his  term  of  office. 

Sec.  1921  (1905).  Public  wagon  scales. — That  any  city  containing 
not  to  exceed  ten  thousand  inhabitants,  or  any  village  or  borough  in 
this  State,  is  hereby  authorized  and  empowered  to  maintain  a  public 
wagon  scales  therein  as  hereinafter  provided. 

Sec.  1922.  Acquisition  and  maintenance. — The  common  council  of 
any  such  municipality  is  hereby  authorized  and  empowered  to  buy, 
establish  and  maintain  public  wagon  scales  in  such  municipality,  and 
said  council  is  hereby  authorized  and  empowered  to  hire,  buy  and 
maintain  scales  already  in  use  in  said  municipality,  the  same  to  be 
used  and  maintained  as  a  public  wagon  scale  in  such  municipality 
for  the  public  use  therein. 

Sec.  1923.  Rules  and  regulations;  duty  of  weighmaster ;  compensa- 
tion.— The  common  council  of  such  municipality  wherein  such  public 
scales  are  maintained  shall  have  control  of  such  scales  and  shall 
make  such  rules  or  regulations  in  regard  to  the  maintenance  and 
use  of  the  same  as  they  shall  deem  proper,  and  said  council  shall 
annually  appoint  a  public  weighmaster,  whose  duty  it  shall  be  to 
have  charge  of  such  scales  and  properly  weigh  all  articles  and  com- 
modities thereon  as  hereafter  provided  and  give  a  statement  in 
writing  of  the  weight  of  such  articles  or  commodities  weighed 
thereon  to  the  person  applying  to  have  such  article  weighed,  and 
such  statement  shall  be  prima  facie  the  correct  weight  of  said  arti- 
cles or  commodities,  and  the  common  council  shall  fix  the  com- 
pensation of  said  weighmaster,  which  compensation  shall  be  paid 
out  of  the  treasury  of  such  municipality,  and  shall,  from  time  to 
time,  fix  the  price  to  be  charged  for  weighing  any  article  or  com- 
modity thereon,  and  the  weighmaster  shall  collect  such  charge  at 
the  time  of  weighing  such  article  or  commodity,  and  he  shall  at  the 
end  of  each  month  pay  all  moneys  collected  by  him  for  such  charge 
into  the  treasury  of  the  municipality  and  file  with  the  recorder  of 
such  municipality  a  statement  of  the  amount  of  such  money 
collected. 

Sec.  1924.  Scales  to  be  tested;  who  may  use. — Such  scales  shall  be 
tested,  stamped  and  sealed  by  the  sealer  of  weights  and  measures, 
before  being  used,  and  as  often  thereafter  as  may  be  necessary.  Any 
person  either  buying  or  selling  any  article  or  commodity  by  weight 
to  be  delivered  in  such  municipality  wherein  such  public  scales  are 
maintained  may  have  the  same  weighed  upon  such  public  scales  by 
paying  the  fee  charged  for  weighing  thereon. 

Sec.  1925.  Where  not  to  apply. — Provided,  That  this  act  shall  not 
apply  to  any  city  having  a  charter  which  provides  for  a  city  weigh- 
master. 

Gen.  Stats.,  1923,  ch.  21,  p.  554. 

Sec.  3792  (1921).  When  food  is  deemed  to  be  misbranded.— The  term 
"  misbranded  "  as  used  herein  shall  apply  to  all  articles  of  food,  or 
articles  which  enter  into  the  composition  of  food,  the  package  or  label 
517—26 27 


416  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

of  which  shall  bear  any  statement,  design  or  device  regarding  such 
article,  or  the  ingredients  or  substances  contained  therein  which  shall 
be  false  or  misleading  in  any  particular,  and  to  any  food  product 
which  is  falsely  branded  as  to  the  State,  Territory  or  country  in 
which  it  is  manufactured  or  produced. 

For  the  purposes  of  this  act  an  article  shall  also  be  deemed  to  be 
misbranded — 

In  the  case  of  food  :     *     *     * 

Third.  If  in  package  form  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  net  weight,  measure  or  numerical  count :  Provided,  however, 
That  reasonable  variations  may  be  permitted,  and  tolerances  and 
also  exemptions  as  to  small  packages  may  be  established,  by  rules 
and  regulations  made  in  accordance  with  the  provisions  of  sections 
15,  16  and  17  of  this  act  [3804,  3805,  and  3806] :  And  provided  fur- 
ther, That  the  dairy  and  food  commissioner  shall  have  full  authority 
to  determine  when  food  is  in  package  form. 

Gen.  Stats.,  1923,  ch.  28,  p.  659. 

Sec.  4668  (1907).  Inspection  of  track  scales. — The  railroad  and  ware- 
house commission  shall  have  power  to  enforce  reasonable  regulations 
for  the  weighing  of  cars  and  of  freight  offered  for  shipment  in  carload 
lots.  All  track  scales  used  by  common  carriers  for  the  purpose  of 
weighing  carload  freight  shall  be  under  the  control  and  jurisdiction 
of  the  commission  and  subject  to  inspection,  exempt  from  the  juris- 
diction of  sealers  of  weights  and  measures.  The  entire  cost  of  such 
supervision  and  inspection  shall  be  a  proper  charge  against  the  com- 
mon carriers  interested  in  or  owning  the  several  scales,  the  same  to 
be  paid  upon  a  statement  rendered  by  the  commission.  All  moneys 
collected  shall  be  credited  to  the  grain  inspection  fund. 

Sec.  4669  (1909).  Sealing  device  for  scales. — The  railroad  and  ware- 
house commission,  hereafter  called  the  commission,  is  hereby  au- 
thorized and  directed  to  inspect  all  sealing  devices  made  for  the  pur- 
pose of  sealing  scales  known  to  be  on  the  market,  and  to  officially 
approve  any  device  considered  by  the  commission  to  be  a  proper  and 
safe  device  to  be  used  in  the  sealing  of  scales. 

Sec.  4670.  Sealing  device,  when  required. — When  directed  to  do  so 
by  the  commission,  any  person  or  company  owning  and  operating  a 
scale  under  the  jurisdiction  of  the  commission  is  hereby  required  to 
install  such  scale  with  some  sealing  device  which  has  the  official  ap- 
proval of  the  commission. 

Sec.  4671.  Penalty  for  failing  to  install;  for  tampering  with. — Any 
person  or  company  failing  within  thirty  days  after  notice  to  install 
such  sealing  device  when  directed  to  do  so  by  the  commission,  shall 
be  subject  to  a  penalty  in  the  sum  of  one  hundred  dollars.  It  shall 
be  a  felony  for  any  person  to  change,  break  or  tamper  with,  or  cause 
to  be  changed,  broken  or  tampered  with,  the  sealing  device  or  sealing 
thereof  after  the  same  has  been  properly  installed  and  inspected  by 
some  authorized  agent  of  the  commission. 

Sec.  4672  (1921).  Railroad  and  warehouse  commission  may  require 
scales  installed. — After  an  investigation  and  hearing,  upon  its  own 
motion,  the  railroad  and  warehouse  commission  is  hereby  authorized 
to  require  the  installation  of  track  scales  at  terminal  warehouses 


MINNESOTA  417 

where  it  shall  find  such  installation  to  be  practicable  and  to  be 
necessary  for  the  prompt  and  economical  weighing  of  grain  and 
grain  products  at  such  warehouses,  provided  that  the  expense  of 
such  installation  shall  be  borne  by  the  owner  of  such  warehouse. 

Sec.  4673  (al913).  Track  scales  may  be  ordered  by  commission,  and 
to  be  under  its  control. — The  railroad  and  warehouse  commission  shall 
have  power  to  order  in  and  require  the  installation  of  track  scales 
used  by  common  carriers  at  all  points  in  the  State  where  the  same 
are  deemed  to  be  necessary,  and  enforce  reasonable  regulations  for 
the  weighing  of  cars  and  of  freight. 

All  track  scales  used  by  common  carriers  for  the  purpose  of  weigh- 
ing carload  freight  shall  be  under  the  control  and  jurisdiction  of 
the  commission  and  subject  to  Inspection,  exempt  from  the  jurisdic- 
tion of  sealers  of  weights  and  measures.  The  entire  cost  of  such 
supervision  and  inspection  shall  be  a  proper  charge  against  the  com- 
mon carriers  interested  in  or  owning  the  several  scales,  the  same  to 
be  paid  upon  a  statement  rendered  by  the  commission.  All  moneys 
collected  shall  be  credited  to  the  grain  inspection  fund. 

Sec.  4674.  Carrier  to  move  test  car  used  by  State  free  of  charge. — 
Every  carrier  shall  transport,  move,  and  switch  to  any  track  scale 
in  this  State  free  of  charge  on  the  application  of  the  commission  or 
its  authorized  agent,  any  test  car  used  by  the  State  in  testing  track 
scales. 

Sec.  4675  (1913).  Test  cars  ordered  purchased  and  master  scale 
ordered  located. — The  railroad  and  warehouse  commission,  herein- 
after called  the  commission,  is  hereby  authorized  to  purchase  two  test 
cars,  to  be  used  in  testing  track  scales,  at  a  cost  of  not  to  exceed  five 
thousand  dollars  each;  also  erect  on  some  railroad  track  in  or  near 
Minneapolis,  St.  Paul,  or  Minnesota  Transfer,  where  a  permanent 
free  site  can  be  procured,  a  master  track  scale  with  a  building  for 
the  same,  to  be  used  in  testing  and  verifying  the  weights  of  test  cars ; 
scales  and  building  not  to  cost  to  exceed  seven  thousand  five  hundred 
dollars. 

Sec.  4676  (1923).  Track  scales  to  be  installed. — The  railroad  and 
warehouse  commission,  hereinafter  called  the  commission,  is  hereby 
authorized  to  purchase  and  install  a  two-section  master  railroad 
track  scale,  to  be  used  in  proving  the  correctness  of  railroad  track 
scale  test  cars,  the  commission  also  is  authorized  to  repair  and 
extend  the  present  master  track  scale  house  and  railroad  track,  and 
to  alter  and  repair  its  railroad  track  scale  test  cars,  at  a  total  cost 
for  all  such  betterments  of  not  to  exceed  twenty  thousand  dollars. 

Sec.  4677.  The  commisison  is  hereby  authorized  to  pay  the  cost  of 
the  foregoing  betterments  from  the  grain  inspection  fund. 

Sec.  4678  (1911).  Weighing  coal;  track  scales;  powers  of  commis- 
sion.— The  railroad  and  warehouse  commission  shall  have  power  to 
enforce  reasonable  regulations  for  the  weighing  of  cars  of  coal 
offered  for  shipments  in  carload  lots  in  this  State,  except  coal 
shipped  by  any  person,  company  or  corporation  for  their  own  use 
or  consumption. 

All  track  scales  now  or  hereafter  used  by  common  carriers  or  by 
shippers  of  coal  for  the  purpose  of  weighing  carload  lots  of  coal 
shall  be  under  the  control  and  jurisdiction  of  and  subject  to  inspec- 
tion by  such  commission,  and  such  scales  over  which  the  said  com- 


418  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

mission  assumes  control  and  jurisdiction,  shall  be  exempt  from  the 
jurisdiction  of  sealers  of  weights  and  measures. 

Sec.  4679.  Same;  duty  of  commission. — Such  commission  shall  cause 
to  be  weighed  all  coal  shipped  in  carload  lots  from  any  coal  dock  or 
coal  distributing  point  in  the  State  of  Minnesota,  except  coal 
shipped  therefrom  by  any  person,  company  or  corporation  for  their 
own  use  or  consumption. 

Sec.  4680.  Same ;  weighmasters  and  weighers. — The  commission  shall 
appoint  such  weighmasters  and  weighers  as  may  be  necessary  to 
carry  the  provisions  of  this  act  into  effect.  Such  weighmasters  and 
weighers  shall  each  give  bond  to  the  State  of  Minnesota  in  the 
sum  of  five  thousand  ($5,000)  dollars,  conditioned  for  the  faithful 
discharge  of  his  duty,  and  such  we'ighmaster  and  weighers  shall 
have  authority  to  carry  out  and  perform  their  duties  hereunder, 
pursuant  to  such  rules  and  regulations  as  shall  be  prescribed  by  such 
commission  and  shall  pursuant  thereto  control  and  supervise  the 
weighing  of  all  coal  herein  required  to  be  weighed  by  such  com- 
mission. 

Sec.  4681.  Same;  fees. — The  fees  for  such  weighing  shall  be  fixed 
by  the  commission  and  shall  be  paid  by  the  person,  firm  or  corpora- 
tion making  such  shipment. 

Sec.  4682.  Same;  other  sections  applicable. — All  of  the  provisions  of 
sections  numbered  5047-5052,  5054,  5057,  5058,  5060,  and  all  acts  and 
parts  of  acts  amendatory  thereof  and  supplementary  thereto,  as  re- 
lating to  grain,  shall  be  construed  as  a  part  of  this  act  and  as  relat- 
ing to  coal  and  coal  shipments  in  carload  lots,  required  to  be  weighed 
in  accordance  with  the  provisions  of  this  act,  so  far  as  applicable 
hereto. 

Sec.  4683  (1913).  Stock  scales  in  stock  yards;  powers  of  commission. — 
The  railroad  and  warehouse  commission  shall  have  the  power  to  order 
in  and  require  the  installation  and  maintenance  of  stock  scales  at  all 
stock  yards  in  the  State  where  the  same  are  deemed  to  be  necessary, 
and  to  fix  the  capacity  of  said  scales,  which  said  scales  shall  be  for 
the  free  use  of  all  patrons  of  such  stockyards,  shipping  livestock 
from,  into  or  through  such  stockyards. 

Sec.  4684.  Private  scales  prohibited. — All  railroad  companies  main- 
taining stockyards  at  railroad  stations  within  this  State  shall  within 
ninety  (90)  days  after  the  passage  of  this  act  and  thereafter  pro- 
hibit the  installation  or  maintenance  of  scales  of  any  kind  belonging 
to  any  person,  corporation  or  firm  other  than  railroad  companies  as 
provided  in  section  one  [4683]  of  this  act,  and  the  installation,  use 
and  maintenance  of  such  private  scales  in  such  stockyards  is  hereby 
prohibited. 

Sec.  4685  (1919).  Appointment  of  weighers;  bond. — The  railroad  and 
warehouse  commission  shall  appoint  at  public  stockyards  such 
weighers  as  may  be  necessary  for  the  purpose  of  weighing  livestock. 
Every  such  weigher  shall  give  to  the  State  a  bond  in  the  sum  of  five 
thousand  dollars  ($5,000)  conditioned  for  the  faithful  discharge  of 
his  duty. 

Sec.  4686.  Reports;  certificates. — Such  weighers  shall  report  daily 
to  the  supervisor  of  stockyards  all  weights  taken  by  them  in  such 
form  as  he  may  prescribe.  The  supervisor  of  stockyards  shall  fur- 
nish to  interested  parties  a  certificate  setting  forth  the  number  of 


MINNESOTA  419 

animals  weighed,  for  whose  account  weighed,  and  the  actual  weight 
of  such  animal  or  animals.  Such  certificate  shall  be  prima  facie 
evidence  of  the  facts  therein  certified. 

Sec.  4687  (al921).  Fees;  where  deposited. — The  commission  shall 
prescribe  the  fee  necessary  to  cover  the  cost  of  supervision  and 
weighing  to  be  assessed  and  collected  in  such  manner  as  the  com- 
mission may  prescribe.  All  moneys  so  collected  shall  be  deposited 
in  the  State  treasury  and  known  as  the  "  livestock  weighing  fund," 
and  paid  out  only  on  order  of  the  commission  and  the  auditor's  war- 
rant. The  interest  from  such  deposits  of  said  moneys  shall  be 
credited  on  the  1st  day  of  each  month  of  such  fund,  and  notice  of 
the  amount  of  such  interest  shall  be  sent  to  the  commission. 

Sec.  4688  (1919).  Weighers'  qualifications. — No  such  weigher  shall 
during  his  term  of  service  be  in  any  manner  interested  in  the  han- 
dling, shipping,  purchasing  or  selling  of  live  stock,  nor  in  the  em- 
ployment of  any  person  or  corporation  engaged  therein,  nor  shall  he 
be  a  member  of  any  live  stock  exchange  or  organization  of  like 
character. 

Sec.  4690.  Appointment  may  be  revoked. — Upon  written  complaint 
filed  with  the  commission,  charging  any  such  weigher  with  official 
misconduct,  inefficiency,  incompetency,  or  neglect  of  duty,  the  com- 
mission shall  investigate  such  charge,  and  if  it  be  sustained,  shall 
remove  such  officer. 

Sec.  4691.  Penalty. — Any  person  not  duly  appointed  and  qualified, 
who  shall  assume  to  act  as  such  weigher,  shall  be  guilty  of  misde- 
meanor and  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars. 

Sec.  4692.  False  weights  or  certificates;  penalties. — Any  weigher  who 
shall  knowingly  or  carelessly  weigh  any  live  stock  improperly,  or 
give  any  false  certificates  of  weight,  or  accept  money  or  other  con- 
sideration, directly  or  indirectly,  for  an}'  neglect  or  improper  per- 
formance of  duty,  or  who  shall  be  guilty  of  any  neglect  of  duty,  and 
any  person  who  shall  improperly  influence,  or  attempt  to  influence, 
any  such  officer  in  the  performance  of  his  official  duty,  shall  be  guilty 
of  a  gross  misdemeanor  and  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dollars,  or 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days  nor 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  4693.  Terms  prohibited. — Any  person  who  is  not  connected  with 
the  State  weighing  department  is  hereby  prohibited  from  using  the 
term  "  supervisor  of  weights  "  or  "  State  weigher,"  any  representa- 
tion of  the  seal  of  the  State,  or  any  other  words  or  device  calculated 
or  tending  to  indicate  that  the  certificate  or  receipt  is  issued  under 
State  authority,  or  to  otherwise  deceive  or  mislead  the  public  or  any 
person  interested,  when  issuing  certificates  or  receipts  purporting  to 
show  the  weight  of  live  stock. 

Any  person  found  guilty  of  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor.' 

Sec.  4694.  Interference  with  supervisor  or  weigher. — Any  person  or 
corporation  who  shall  obstruct  any  State  supervisor  or  weigher  in 
the  performance  of  his  official  duties  by  preventing  his  proper  access 
to  the  scales  used  in  the  weighing  of  live  stock  or  otherwise,  shall 
forfeit  to  the  State  one  hundred  dollars  for  each  offense. 


420  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  5028  (al923).  Inspection  of  scales. — All  scales  in  such  terminal 
warehouses,  or  used  for  weighing  grain  in  railroad  yards  at  terminal 
points,  shall  be  under  the  control  of  the  State  weighmasters  and 
subject  to  inspection  by  them,  exempt  from  the  jurisdiction  of  sealers 
of  weights  and  measures.  They  shall  be  inspected  at  the  request 
of  any  person  interested  in  any  grain  weighed  or  to  be  weighed 
thereon.  If  found  incorrect,  the  cost  of  inspection  shall  be  paid  by 
the  owner  thereof;  otherwise  by  the  person  requesting  inspection. 
No  scales  found  incorrect  shall  be  used  until  reexamined  and  found 
correct. 

Sec.  5045  (1895).  Weighmasters  and  weighers. — The  commission 
shall  appoint  at  each  terminal  point  a  State  weighmaster  and  such 
weighers  as  may  be  necessary,  who  shall  have  the  control  of  the 
weighing  of  all  grain  subject  to  State  inspection,  except  when  other- 
wise ordered  by  the  party  shipping  the  same.  Every  such  weigh- 
master and  weigher  shall  give  bond  to  the  State  in  the  sum  of  five 
thousand  dollars,  conditioned  for  the  faithful  discharge  of  his  duty. 

Sec.  5046.  Weighmaster's  records  and  certificates. — All  weighmasters 
and  weighers  shall  keep  such  records  as  may  be  prescribed  by  the 
commission,  and  shall  furnish  to  any  person  for  whom  weighing  is 
done  a  certificate  under  his  hand,  showing  the  amount  of  each  weight, 
the  number  and  initial  letter  or  other  distinctive  mark  of  each  car 
weighed,  place  and  date  of  weighing,  and  contents  of  car.  Such 
certificate  shall  be  prima  facie  evidence  of  the  facts  therein  certified. 

Sec.  5047.  Fees. — The  fees  for  inspection  and  weighing  shall  be 
fixed  by  the  commission,  and  shall  be  a  lien  upon  the  grain.  If  the 
grain  is  in  transit,  such  fees  shall  be  paid  by  the  carrier  and  treated 
as  advance  charges,  and,  if  received  i'or  storage,  by  the  warehouse- 
man, and  added  to  the  storage  charges.    *    *    * 

Sec.  5048  (1907).  Qualifications  of  inspectors  and  weighmasters. — No 
member  of  a  board  of  appeals,  chief  or  deputy  inspector,  weigh- 
master, or  weigher  shall  during  his  term  of  service  be  in  any  way 
interested  in  the  handling,  storing,  shipping,  purchasing  or  selling 
of  grain,  or  any  of  its  products,  nor  in  the  employment  of  any  person 
or  corporation  engaged  therein,  nor  shall  he  be  a  member  of  any 
board  of  trade  or  organization  of  like  character. 

Sec.  5050.  Removal  of  inspectors  and  weighmasters. — Upon  written 
complaint  filed  with  the  commission,  charging  any  inspector,  deputy 
inspector,  weighmaster,  or  weigher  with  official  misconduct,  ineffi- 
ciency, incompetency,  or  neglect  of  duty,  the  commission  shall  in- 
vestigate such  charge,  and,  if  it  be  sustained,  shall  remove  such 
officer. 

Sec.  5051.  Penalties;  personating  inspector. — Any  person  not  duly- 
appointed  and  qualified,  who  shall  assume  to  act  as  a  State  inspector 
or  deputy  inspector  of  grain,  shall  be  guilty  of  a  misdemeanor  and 
be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
one  hundred  dollars. 

Sec.  5052.  Misconduct  of  inspectors  and  weighmasters. — Any  in- 
spector or  deputy  inspector,  weighmaster  or  weigher,  who  shall 
knowingly  or  carelessty  inspect  or  weigh  any  grain  improperly,  or 
give  any  false  certificate  of  inspection  or  weight,  or  accept  money 
or  other  consideration,  directly  or  indirectly,  for  any  neglect  or  im- 
proper performance  of  duty,  or  who  shall  be  guilty  of  any  neglect  of 


MINNESOTA  421 

duty,  and  any  person  who  shall  improperly  influence,  or  attempt  to 
influence,  any  such  officer  in  the  performance  of  his  official  duty, 
shall  be  guilty  of  a  gross  misdemeanor  and  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  or  imprisonment  in  the  county  jail  for  not  less  than  thirty 
days  nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  5053.  Certificates  not  issued  under  State  authority;  use  of  certain 
words  prohibited. — Any  person  who  is  not  connected  with  the  State 
weighing  department  is  hereby  prohibited  from  using  the  term 
"  weighmaster,"  "  State  weighmaster,"  any  representation  of  the 
seal  of  the  State,  or  any  other  words  or  device  calculated  or  tending 
to  indicate  that  the  certificate  or  receipt  is  issued  under  State  au- 
thority, or  to  otherwise  deceive  or  mislead  the  public  or  any  person 
interested,  when  issuing  certificates  or  receipts  purporting  to  show 
the  weight  of  grain,  hay  or  straw :  Provided,  That  where  weighing 
is  done  under  the  authority  of  the  charter  or  an  ordinance  of  any 
city  or  village,  or  under  the  auspices  of  any  incorporated  chamber 
of  commerce,  board  of  trade  or  exchange,  any  certificate  or  receipt 
issued  therefor  shall  on  its  face  plainly  show  its  source  and  the  signa- 
ture of  the  person  signing  the  same  shall  be  followed  by  a  designa- 
tion plainly  showing  the  capacity  in  which  the  said  signer  is  acting, 
and  the  term  "  weighmaster  "  may  be  a  part  of  such  designation : 
Provided,  further,  That  every  such  certificate  or  receipt  issued  by 
anyone  other  than  the  duly  authorized  representatives  of  the  State 
weighing  department,  shall  have  plainly  stamped  or  printed  across 
its  face  in  red  ink  in  letters  not  less  than  one-quarter  of  an  inch 
high,  the  words,  "This  Certificate  is  Not  Issued  Under  State  Au- 
thority." 

Sec.  5054.  Same;  penalty  for  violation. — Any  person  found  guilty 
of  violating  section  1  [section  5053]  of  this  act  shall  be  guilty  of  a 
misdemeanor. 

Sec.  5055.  Obstructing  weighmaster. — Any  person  or  corporation 
who  shall  obstruct  any  State  weighmaster  or  weigher  in  the  per- 
formance of  his  official  duties,  by  preventing  his  proper  access  to  the 
scales  used  in  the  weighing  of  grain  or  otherwise,  shall  forfeit  to  the 
State  one  hundred  dollars  for  each  offence. 

Sec.  5066  (1923).  Warehouseman  shall  keep  record. — Every  public 
local  grain  warehouseman  shall  keep  in  proper  books  a  record  of  all 
grain  received,  stored  or  shipped,  stating  the  weight,  grade,  dockage 
for  dirt  or  other  cause,  and  the  name  of  the  owner. 

Sec.  5067.  Standard  weights  to  be  used. — No  person  purchasing,  sell- 
ing, or  storing  grain  in  any  public  local  grain  warehouse  in  this 
State,  as  the  same  is  now  or  may  be  hereafter  defined  by  law,  shall 
use  any  other  measure  for  such  grain  than  the  standard  bushel,  and 
no  other  number  of  pounds  shall  be  used  or  called  a  bushel  than  the 
number  of  pounds  provided  by  law  as  the  standard  weight  of  the 
kind  of  grain  in  question:  Provided,  Tiotoever,  That  during  the 
months  of  October  and  November  not  exceeding  eighty  pounds  and 
during  the  months  of  December  and  January  not  exceeding  seventy- 
two  pounds  may  be  so  used  as  the  standard  bushel  of  new  ear  corn. 

Sec.  5093  (1909).  Inspection  and  weighmaster's  certificates. — Every 
elevator  company,  corporation,  copartnership,  association,  or  indi- 
vidual, operating  any  elevator,  building,  or  place  in  this  State  for 


422  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

the  purchase,  storage  or  deposit  of  any  grain  or  other  farm  com- 
modity, shall  be  entitled  to  receive  from,  and  shall  demand  of,  the 
officer  whose  duty  it  is  to  issue  the  same,  the  official  certificate  of  in- 
spection in  duplicate,  together  with  the  weighmaster's  certificate 
in  duplicate  for  any  grain  or  other  farm  commodity  shipped  from 
any  such  elevator,  building  or  place  and  inspected  and  weighed  as 
provided  by  the  laws  of  this  State. 

Sec.  5106,  as  amended  by  Laws,  1925,  ch.  177,  p.  172.  Live-stock 
scales.— Any  person,  firm  or  corporation  shall  have  the  right  to  use 
as  a  site  for  a  public  elevator,  warehouse,  coal  shed,  ice  house,  buying 
station,  selling  station,  or  weighing  scales  or  other  instrumentalities 
for  weighing  livestock,  or  use  ground  space,  for  receiving,  storing  or 
distributing  any  article  of  commerce,  transported  or  to  be  trans- 
ported, a  proper  portion  of  the  right  of  way  of  any  railroad  within 
the  outside  switches  at  any  station  or  siding  upon  the  payment  of 
reasonable  compensation  therefor. 

Sec.  5107,  as  amended  by  Laws,  1925,  ch.  177,  p.  172.  Procurement  of 
site. — Any  such  person,  firm  or  corporation  desiring  to  construct, 
operate  or  use  a  public  elevator,  warehouse,  coal  shed,  ice  house, 
buying  station,  selling  station,  or  weighing  scales  or  other  instru- 
mentalities for  weighing  livestock,  or  use  ground  space  for  receiving, 
storing  or  distributing  any  article  of  commerce  transported  or  to  be 
transported,  or  to  continue  the  use  and  operation  of  any  such  build- 
ings, structures,  instrumentalities  or  ground  space  where  the  same 
are  already  constructed  or  used,  upon  such  right  of  way  of  any  rail- 
road, if  unable  to  agree  with  the  person,  firm  or  corporation  operat- 
ing such  railroad  upon  the  site  for  such  buildings,  structures,  instru- 
mentalities and  ground  space,  or  the  compensation  to  be  paid 
therefor,  may  file  a  verified  complaint  with  the  railroad  and  ware- 
house commission  setting  forth  the  facts  and  requesting  the  commis- 
sion to  establish  the  location  of  the  site  for  such  buildings,  structure, 
instrumentalities  and  ground  space  or  the  compensation  to  be  paid 
therefor,  or  both,  as  the  case  may  be.  Such  complaint  shall  be  served 
upon  such  railroad  company  and  twenty  days,  exclusive  of  the  day 
of  such  service,  shall  be  allowed  for  answer.  After  the  time  for 
answering  has  expired  the  commission  shall  fix  the  time  and  place 
for  hearing  and  give  at  least  ten  days'  notice  thereof  to  both  parties. 

Sec.  5210  (1905).  Terminal  points;  weighing  and  inspection  of  hay, 
etc. — Terminal  points  as  designated  by  this  act  shall  mean  the  cities 
of  St.  Paul,  Minneapolis,  Duluth  and  South  St.  Paul. 

Sec.  5211.  Public  hay  tracks. — The  railroad  and  warehouse  commis- 
sion, hereinafter  designated  "  the  commission,"  shall  designate  at  con- 
venient places,  on  the  several  lines  of  railway  entering  terminal 
points  in  this  State,  tracks  to  be  known  as  public  hay  tracks.  The 
different  railway  companies  either  separately  or  jointly  are  hereby 
required  to  provide  suitable  tracks  to  meet  the  requirements  of  this 
act.  Such  public  hay  tracks  may  be  established  on  each  individual 
line  of  railway,  or  they  may  be  so  established  as  to  serve  for  two 
or  more  railways. 

Sec.  5212.  Delivery  at  tracks. — All  hay  and  straw  shipped  to  ter- 
minal points  unless  otherwise  directed  by  the  consignor  shall,  by 
the  common  carrier  transporting  the  same,  be  brought  to  and  de- 
livered at  one  or  another  of  such  public  hay  tracks,  for  the  purpose 
of  being  weighed  and  inspected  as  hereinafter  provided. 


MINNESOTA  423 

Sec.  5213  (al911).  Weighing;  weighing  empty,  no  charge  for. — All 
hay  and  straw  so  received  shall  be  weighed  and  inspected  by  duly 
appointed  weighers  and  inspectors  of  hay  and  straw  under  such 
rules  and  regulations  as  the  commission  shall  establish. 

All  carriers  shall  return,  free  of  switching  charge  for  weighing 
empty,  all  cars  not  reconsigned  that  have  been  weighed  loaded 
with  hay  or  straw,  to  the  scale  on  which  the  same  was  weighed,  or 
some  other  scale  under  the  charge  of  the  State,  used  for  weighing 
hay  and  straw.  Weight  on  reconsigned  cars  may  be  had  by  the 
use  of  the  weight  of  the  loaded  car  and  the  marked  stencilled 
weight  on  the  car.  Any  carrier  failing  to  comply  with  any  ©f  the 
provisions  of  this  act  shall  be  subjected  to  a  penalty  of  twenty-five 
dollars  ($25)  to  be  recovered  by  the  aggrieved  shipper. 

Sec.  5214  (1905).  Track  scales;  control  of  State  weighmasters. — It 
shall  be  the  duty  of  all  common  carriers  transporting  hay  to  such 
terminal  points  to  construct  and  maintain  at  such  public  hay  tracks 
as  may  be  established  by  the  commission,  suitable  track  scales  of 
such  size  and  capacity  as  the  commission  shall  direct.  If  in  its 
judgment  it  is  necessary,  the  commission  may  order  that  such  track 
scales  be  housed  in  such  a  manner  as  to  insure  accuracy.  All  scales 
at  such  hay  tracks  shall  be  under  the  control  of  State  weighmasters 
and  subject  to  inspection  by  them,  exempt  from  the  jurisdiction  of 
sealers  of  weights  and  measures.  They  shall  be  inspected  at  the 
request  of  any  person  interested  in  any  hay  or  straw  to  be  weighed 
thereon.  If  found  incorrect  the  cost  of  inspection  shall  be  paid 
by  the  owner  thereof;  otherwise  by  the  person  requesting  inspection. 
No  scales  found  incorrect  shall  be  used  until  re-examined  and  found 
correct :  Provided,  That  nothing  in  this  act  shall  be  so  construed  as 
to  prevent  the  use  of  such  scales  by  the  owner  for  the  purpose  of 
weighing  any  other  commodities  in  carload  lots. 

Sec.  5215.  Appointment  of  weighers  and  inspectors;  reinspecting ; 
board  of  final  review.— The  commission  shall  appoint  a  suitable 
number  of  persons  to  perform  such  weighing  and  inspecting  of  hay 
and  straw.  Such  weighers  and  inspectors  shall  be  under  the  imme- 
diate supervision  of  the  chief  inspector  of  grain.  In  case  of  dis- 
satisfaction of  any  interested  person  with  the  official  acts  of  any 
inspector  reinspecting  may  be  had  upon  application  to  the  afore- 
said chief  inspector  of  grain  or  either  of  his  chief  deputies.  A  final 
appeal  from  the  decision  of  said  chief  inspector  of  grain  or  his 
deputy  inspectors  may  be  made  to  the  board  of  final  review,  to  be 
provided  for  by  the  commission  under  the  rules  it  shall  establish. 
The  decision  of  such  board  of  review  shall  be  final,  provided  the 
commission  may  provide  suitable  rules  for  the  cancellation  of  any 
certificate  of  inspection  issued  upon  original  inspection ;  reinspecting 
or  upon  final  review  when  it  appears  that  owing  to  the  manner  in 
which  cars  of  hay  or  straw  were  loaded  it  was  impossible  for  the 
inspector  to  obtain  a  fair  sample. 

Sec.  5216.  Rules  and  regulations. — The  commission  shall  adopt  all 
necessary  rules  and  regulations  for  the  Aveighing  and  inspecting  of 
hay  and  straw  at  such  terminal  points. 

Sec.  5217.  Penalty  for  interfering  with  weighers  or  inspectors. — In 
case  any  person  or  railway  corporation  or  any  of  their  agents  or 
employes  shall  refuse  or  prevent  the  aforesaid  weighers  and  inspectors 


424  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

of  hay  and  straw  from  having  free  access  to  their  scales  and  tracks 
in  the  regular  performance  of  their  duties  as  such  weighers  or  in- 
spectors of  hay  and  straw,  they  shall  forfeit  to  the  State  of  Minne- 
sota the  sum  of  one  hundred  dollars  for  each  offense,  such  penalty 
or  forfeiture  to  be  paid  to  the  State  treasurer  for  the  benefit  of  the 
hay  inspection  fund  hereinafter  created,  and  shall  also  be  required  to 
paj'  all  costs  of  prosecution.     *     *     * 

Sec.  5218.  Removal  of  weighers. — The  chief  inspector  of  grain  shall 
have  the  power  to  remove  any  of  said  weighers  or  inspectors  of 
hay  and  straw  at  pleasure. 

Sec.  5219.  Fee;  compensation. — Such  weighers  and  inspectors  of 
hay  and  straw  shall  be  governed  in  the  performance  of  their  duties 
by  such  rules  and  regulations  as  may  be  provided  by  the  commis- 
sion; the  commission  shall  have  power  to  fix  the  rate  of  charges  for 
the  weighing  and  inspecting  of  hay  and  straw  and  the  manner  in 
which  the  same  shall  be  collected,  which  charges  shall  be  regulated 
in  such  manner  as  will  in  the  judgment  of  the  commission  produce 
sufficient  revenue  to  meet  the  necessary  expenses  of  the  weighing 
and  inspecting  service,  and  no  more;  the  commission  shall  fix  the 
amount  of  compensation  to  be  paid  to  the  weighers  and  inspectors 
of  hay  and  straw  and  prescribe  the  time  and  manner  of  payment 
thereof,  which  compensation  shall  be  paid  out  of  a  hay  inspection 
fund,  hereinafter  created,  on  the  order  of  the  commission. 

Sec.  5220.  Disqualifications. — No  weigher  nor  inspector  of  hay  or 
straw  nor  any  of  the  sureties  on  their  bond,  or  bonds  .as  the  case 
may  be,  shall  during  his  term  of  service  be  in  any  way  interested  in 
the  handling,  storing,  shipping,  purchasing  or  selling  of  hay  or 
straw,  or  any  of  their  products,  nor  in  the  employment  of  any  per- 
son or  corporation  engaged  therein,  nor  shall  they  be  members  of 
any  board  of  trade  or  organization  of  like  character. 

Sec.  5221.  Removal  of  weighers. — Upon  complaint  in  writing  of  any 
person  to  the  commission,  supported  by  reasonable  and  satisfactory 
proof  that  any  weigher  or  inspector  of  hay  and  straw  has  violated 
any  of  the  rules  prescribed  for  his  government,  or  has  been  guilty 
of  any  improper  official  act,  or  has  been  found  inefficient  or  incompe- 
tent for  the  duties  of  this  position,  such  person  shall  be  by  the  com- 
mission immediately  removed  from  office. 

Sec.  5222.  Penalty  for  impersonation. — Any  person  not  duly  ap- 
pointed and  qualified,  who  shall  assume  to  act  as  a  weigher  or  in- 
spector of  hay  and  straw,  shall  be  guilty  of  a  misdemeanor  and  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 

Sec.  5223.  Penalty  for  neglect  and  bribery. — Any  duly  authorized 
weigher  or  inspector  of  hay  and  straw  who  shall  be  guilty  of  any 
neglect  of  duty  or  who  shall  knowingly  or  carelessly  weigh  or  in- 
spect any  hay  or  straw  improperly,  or  who  shall  accept  any  money  or 
other  consideration,  directly  or  indirectly,  for  any  neglect  of  duty 
or  any  improper  performance  of  duty  as  such  weigher  or  inspector 
of  hay  and  straw,  or  any  person  who  shall  improperly  influence  or 
attempt  to  influence  any  weigher  or  inspector  of  hay  and  straw  in  the 
performance  of  his  duties  as  such  weigher  or  inspector,  as  the  case 
may  be,  shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars  or  shall  be  imprisoned  in  the  county  jail  not 


MINNESOTA  425 

less  than  thirty  days  nor  more  than  one  year,  or  both,  in  the  discre- 
tion of  the  court. 

Sec.  5227.  Weighers  to  keep  record. — All  weighers  of  hay  and  straw 
provided  for  by  this  act  shall  be  required  to  make  true  weights  un- 
der the  penalties  hereinbefore  provided,  and  in  addition  thereto  shall 
keep  a  correct  record  of  all  weighing  done  by  them  at  the  hay  tracks 
where  they  are  stationed,  in  which  record  shall  be  entered  an  accu- 
rate account  of  all  hay,  straw,  or  other  property  weighed,  or  the 
weighing  of  which  was  supervised  by  them  or  their  assistants,  giving 
the  amount  of  each  weight,  the  number  of  the  car  or  cars  weighed, 
if  any,  the  initial  letter  of  said  car  or  cars  weighed,  where  weighed, 
date  of  weighing  and  contents  of  car. 

Sec.  5228.  Certificates. — Said  weighers  and  inspectors  of  hay  and 
straw  shall  give  upon  request  of  any  person  interested  certificates 
under  their  hand  and  seal  showing  the  amount  of  each  weight,  or  if 
inspected,  the  grade,  number  of  car  or  cars  weighed  or  inspected,  if 
any,  the  initial  of  said  car  or  cars,  hay  yard  where  weighed  or  in- 
spected, date  of  weighing  or  inspecting  and  contents  of  car:  Pro- 
vided, That  such  certificate  of  weights  shall  be  admitted  in  all  actions 
either  at  law  or  in  equity  as  prima  facie  evidence  of  the  facts  therein 
contained,  and  as  prima  facie  evidence  that  any  contract  of  sale  and 
purchase  of  such  hay  was  made  upon  such  weights  and  grades,  but 
the  effect  of  such  evidence  may  be  rebutted  by  other  competent 
testimony. 

Sec.  5230.  Supervision. — It  shall  be  the  duty  of  the  commission  to 
assume  and  exercise  a  constant  supervision  over  the  hay  and  straw 
interests  of  this  State;  to  supervise  the  handling,  weighing,  inspect- 
ing and  storage  of  hay  and  straw;  to  establish  all  necessary  rules  and 
regulations  for  the  weighing,  grading,  inspecting  and  reinspecting 
of  hay  and  straw,  and  for  the  management  of  all  public  hay  tracks 
at  terminal  points  in  this  State  as  far  as  such  rules  and  regidations 
ma,y  be  necessary  to  enforce  the  provisions  of  this  act,  or  any  law 
in  this  State  in  regard  to  the  same;  to  investigate  all  complaints  of 
fraud  or  oppression  in  the  hay  and  straw  trade,  and  to  correct  the 
same  as  far  as  may  be  in  their  power. 

Sec.  5263  (1919).  Weight  of  hay  and  corn. — It  shall  be  unlawful 
for  any  public  stockyards  operator  to  sell  and  deliver  at  the  rate 
of  less  than  two  thousand  pounds  for  a  ton  of  hay  or  any  part 
thereof,  or  to  sell  and  deliver  less  than  seventy  pounds  2  of  corn 
in  the  ear  for  a  bushel  or  less  than  fifty-six  pounds  of  shelled  corn 
for  a  bushel. 

Gen.  Stats.,  1923,  ch.  21,  p.  554. 

Sec.  3815  (1921).  Standard  measure  for  milk  and  cream. — All  milk  or 
cream  received  or  purchased  for  the  purpose  of  manufacturing  the 
same  into  butter  or  cheese,  or  condensing  or  drying  the  same,  shall  be 
received  or  purchased  by  weight,  and  payment  therefor  shall  be 
upon  the  basis  of  the  butter  fat  contained  therein.  The  standard 
pipette  for  measurement  of  milk  shall  have  a  capacity  of  seventeen 
and  six-tenths  cubic  centimeters  and  the  standard  for  the  measurement 
of  cream  shall  be  eighteen  grams  by  weight.  The  standard  test  tube 
or  bottle  for  testing  milk  shall  have  a  capacity  between  zero  and 

i  See  also  sec.    5087, 


426  LAWS   CONCERNING   WEIGHTS   AND   MEASUBES 

ten  on  the  graduated  scale,  marked  on  the  neck  thereof,  of  two  cubic 
centimeters  of  mercury,  at  a  temperature  of  60  degrees  Fahren- 
heit, and  the  standard  test  tube  or  bottle  for  testing  cream  shall 
have  a  capacity  of  six  cubic  centimeters  of  mercury,  at  the  same 
temperature,  between  zero  and  thirty  on  the  scale.  Any  person 
who  shall  use  any  other  measuring  pipette,  test  tube  or  bottle  for 
measuring  or  testing  milk  or  cream  sold  or  purchased  at  prices 
determined  by  the  portion  of  butterfat  contained  therein;  any  per- 
son who  shall  manufacture  or  sell  a  cream  or  milk  pipette,  test 
tube  or  bottle  which  is  not  correctly  marked  or  graduated  as  herein 
provided;  any  person  who  shall  use  or  employ  any  other  appliance 
than  the  Babcock  test  for  ascertaining  the  butterfat  content  of 
milk  or  cream ;  any  person  who  shall  underread,  overread,  or  other- 
wise falsify  or  manipulate  the  reading  of  such  test,  or  who  shall 
falsely  state,  certify  or  use  in  the  purchase  or  sale  of  milk  or  cream 
a  misreading  of  such  test,  whether  the  test  or  actual  reading  shall 
have  been  made  by  such  person  or  by  any  other  person,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Sec.  3875  (1919).  Feeding  stuffs,  net  weight  to  be  shown. — Any  person, 
company,  corporation  or  agent  who  shall  sell,  offer,  or  expose  for 
sale  or  distribution  in  this  State,  any  concentrated  commercial  feed- 
ing stuffs  shall  affix,  or  cause  to  be  affixed,  to  every  package  or  sample 
of  such  concentrated  commercial  feeding  stuffs,  in  a  conspicuous 
place  on  the  outside  thereof,  a  tag  or  label  which  shall  be  accepted 
as  a  guarantee  of  the  manufacturer,  importer,  dealer,  or  agent,  and 
which  shall  have  plainly  printed  thereon  in  the  English  language, 
the  number  of  net  pounds  of  concentrated  commercial  feeding  stuffs 
in  the  package,  the  name,  brand  or  trade-mark  under  which  the 
concentrated  commercial  feeding  stuffs  are  sold,  the  name  of  the 
manufacturer,  the  location  of  the  principal  office  of  the  manu- 
facturer,    *     *     * 

Sec.  3896  (1915).  Commercial  fertilizers;  weight  to  be  marked. — 
That  any  person,  firm  or  corporation  who  shall  offer,  sell  or  expose 
for  sale,  in  the  State  of  Minnesota,  any  commercial  fertilizer  the 
price  of  which  exceeds  five  dollars  ($5)  per  ton,  shall  affix  to  every 
package,  in  a  conspicuous  place  on  the  outside  thereof,  or  furnish 
to  the  purchasers  of  goods  sold  in  bulk,  a  plainly  printed  certificate, 
naming  the  materials,  including  the  filler,  if  any,  of  which  the  fer- 
tilizer is  made,  stating  the  number  of  pounds  in  the  package  sold,  the 
name  or  trade-mark  under  which  the  article  is  sold,  the  name  of  the 
manufacturer  and  the  place  of  manufacture ;     *     *     * 

Gen.  Stats.,  1923,  ch.  21A,  p.  573. 

Sec.  3966  (1913).  Construction  of  term  "  cotton  duck."— That  for  the 
purpose  of  this  act  cotton  duck  or  canvas  shall  be  deemed  to  include 
all  cotton  duck  or  canvas,  whether  single  filling,  double  filling,  army 
roll  or  wide  duck. 

Sec.  3967.  What  shall  constitute  one  yard. — That  for  the  purposes 
of  this  act,  the  equivalent  of  thirty-six  (36)  inches  in  length  by 
twenty-nine  (29)  inches  in  width,  or  seven  and  one-fourth  (7*4) 
square  feet  of  cotton  duck  or  canvas  shall  constitute  a  yard,  and 
an  ounce  shall  be  one-sixteenth  part  of  a  pound  avoirdupois. 

Sec.  3968.  Correct  weight  and  contents  to  be  branded  on  article  sold. — 
Any  person,  company  or  corporation  who  shall  manufacture  for  sale 


MINNESOTA  427 

or  who  may  offer  or  expose  for  sale  any  cotton  duck  or  canvas  or 
any  article  other  than  clothing  and  wearing  apparel  composed  or 
made  in  whole  or  in  part  of  cotton  duck  or  canvas,  shall  distinctly 
and  durably  stamp,  brand  or  mark  thereon  the  true  and  correct 
weight  of  such  cotton  duck  or  canvas,  by  ounces  per  yard,  together 
with  a  description  by  name  of  any  filler  or  other  preparation  placed 
in  or  on  said  cotton  duck  or  canvas  since  its  manufacture. 

Sec.  3969.  Unlawful  to  sell  same  unless  branded  as  above. — It  shall  be 
unlawful  for  any  person  or  corporation  either  individually  or  in 
any  representative  capacity,  to  carry  for  sale,  sell  or  endeavor  to 
sell  any  cotton  duck  or  canvas  as  herein  defined,  or  any  articles  other 
than  clothing  and  wearing  apparel,  composed  or  made  in  whole 
or  in  part  of  any  cotton  duck  or  canvas  without  having  marked 
thereon  the  true  and  correct  weight  of  said  canvas  or  cotton  duck  by 
ounces  per  yard,  together  with  a  description  by  name  of  any  filler  or 
other  preparation  placed  in  or  on  said  cotton  duck  or  canvas  since  its 
manufacture,  or  to  misstate,  misrepresent  or  conceal  the  true  weight 
of  said  canvas  or  cotton  duck  by  ounces  per  yard,  or  to  misstate, 
misrepresent  or  conceal  the  existence  of  any  filler  or  other  prepara- 
tion placed  in  or  on  said  cotton  duck  or  canvas  since  its  manufac- 
ture. 

Sec.  3970.  Concealing  or  misstating  correct  size  unlawful. — It  shall  be 
unlawful  for  any  person  or  corporation  either  individually  or  in 
representative  capacity,  selling,  carrying  for  sale  or  endeavoring 
to  sell  any  awnings,  paulins,  wagon  covers,  tents,  grain  and  hay 
covers,  stable  or  tent  tops,  to  misstate  or  misrepresent  or  conceal 
the  true  and  correct  size  and  dimensions  thereof. 

Sec.  3971.  Unlawful  to  deface  mark. — It  shall  be  unlawful  for  any 
person  to  deface,  mutilate,  obscure,  conceal,  efface,  cancel  or  remove 
any  mark  provided  for  by  this  act,  or  cause  or  permit  the  same  to 
be  done  with  intent  to  mislead,  deceive  or  to  violate  any  of  the  provi- 
sions of  this  act. 

Sec.  3972.  Penalty  for  violation. — Any  person,  company  or  corpora- 
tion violating  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  for  the  first 
offense  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  fifty  dollars  ($50.00)  and  for  each  subse- 
quent offense  by  a  fine  of  not  less  than  fifty  dollars  ($50.00)  nor 
more  than  one  hundred  dollars  ($100.00). 

Gen.  Stats.,  1923,  ch.  101,  p.  1413. 

Sec.  10401°.  Use  of  false  weights  a  misdemeanor. — Every  person 
who  shall  injure  or  defraud  another  by  using,  with  knowledge  that 
the  same  is  false,  a  false  weight,  measure,  or  other  apparatus  for  de- 
termining the  quantity  of  any  commodity  or  article  of  merchandise, 
or  by  knowingly  delivering  less  than  the  quantity  he  represents;  or 
who  shall  retain  in  his  possession  any  weight  or  measure,  knowing 
it  to  be  false,  unless  it  appears  beyond  a  reasonable  doubt  that  it  was 
so  retained  without  intent  to  use  it,  or  permit  it  to  be  used  in  viola- 
tion of  the  foregoing  provisions  of  this  section;  or  who  shall  know- 
ingly mark  or  stamp  false  or  short  weights  or  false  tare  on  any  cask 
or  package,  or  knowingly  sell  or  offer  for  sale  any  cask  or  package 
so  marked — shall  be  guilty  of  a  misdemeanor. 


428  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  10402  (1913).  Containers  for  small  fruits  to  be  of  legal  size. — It 
shall  be  unlawful  for  any  person  to  sell,  offer  for  sale,  or  give  away, 
any  containers  for  the  distribution  of  berries  or  small  fruits  in  less 
quantities  than  one  bushel,  unless  said  containers  are  of  the  capacity 
of  one  quart,  one  pint,  or  one-half  pint,  or  multiples  of  a  quart 
standard  dry  measure,  and  all  sales  of  raspberries,  blackberries,  blue- 
berries, currants,  gooseberries,  strawberries,  and  similar  berries,  and 
all  plums,  cherries  and  similar  small  fruit,  in  less  quantities  than  one 
bushel  shall  be  by  dry  measure,  or  in  containers  as  above  specified. 
The  possession  of  containers  for  berries  or  small  fruit  shall  be  pre- 
sumptive evidence  that  they  were  to  be  used  for  distribution. 

Sec.  10403.  Not  to  be  refilled;  violation  a  misdemeanor. — In  no  case 
shall  said  containers  be  refilled  for  use  in  the  sale  of  berries  or  small 
fruits  of  any  kind  whatsoever. 

Sec.  10404.  Penalty. — Any  person  violating  the  provisions  of  this 
law  shall  be  guilty  of  a  misdemeanor  and  punished  by  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  ten  days  nor  more 
than  ninety  days. 


MISSISSIPPI 

Hemingway's  Ann.  Code,  1917,  ch.  72,  p.  1605. 

Sec.  3346  (1914).  That  the  standards  of  the  weights  and  measures 
of  this  State  as  given  below  shall  be  deposited  with  the  secretary  of 
state  and  also  at  the  different  State  institutions  of  learning,  and  the 
secretary  of  state  and  the  proctors  of  those  institutions  are  author- 
ized to  confirm  and  seal  all  weights  and  measures  brought  to  them, 
and  to  receive  the  fees  therefor.  And  on  all  sales  by  weight  of  the 
agricultural  products  hereinafter  named  the  number  of  pounds  per 
bushel  or  the  number  of  pounds  per  gallon  as  stated  in  the  following 
schedule  shall  be  the  true  and  legal  standard  weight,  viz : 1 

Pounds 

Wheat,  per  bushel 60 

Corn,  in  the  ear  2 72 

Corn,  shelled,  per  bushel 56 

Rye,  per  bushel 56 

Buckwheat,  per  bushel 48 

Barley,  per  bushel 48 

Oats,  per  bushel 32 

Peas,  per  bushel 60 

White  beans,  per  bushel 60 

Castor  beans,  per  bushel 46 

Irish  potatoes,  per  bushel 60 

Sweet  potatoes,  per  bushel 54 

Onions,  per  bushel 57 

Turnips,  per  bushel 55 

Dried  peaches,  per  bushel 33 

Dried  apples,  per  bushel 26 

Clover  seed,  per  bushel 60 

Flax  seed,  per  bushel 56 

Millet  seed,  per  bushel 50 

Hungarian  grass  seed,  per  bushel.  50 

Timothy  seed,  per  bushel 45 

Blue  grass  seed,  per  bushel 14 

Sec.  3347.  Penalty  for  using  short  weights  or  measures. — That  it  is 
hereby  made  a  misdemeanor  for  any  person  or  corporation  to  sell  or 
buy  any  of  the  foregoing  commodities  on  short  weights  in  violation 
of  the  above  schedule  of  rates  and  any  such  person  or  corporation 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  fifty  dollars. 

Sec.  3348°.  Contracts. — All  contracts  for  work  or  labor  done,  or 
anything  to  be  sold  and  delivered,  will  be  construed  to  have  been 
made  according  to  the  standards,  unless  the  parties  stipulate  to  the 
contrary. 

Sec.  3349.  Standard  for  counties  and  cities. — The  board  of  super- 
visors of  every  county,  and  the  mayor  and  board  of  aldermen  of 
every  city,  may  procure  the  standards  of  weights  and  measures,  duly 


Pounds 

Hemp  seed,  per  bushel 44 

Salt,  per  bushel 50 

Corn  meal,  per  bushel 48 

Ground  peas,  per  bushel 24 

Malt,  per  bushel 38 

Bran,  per  bushel 20 

Stone  coal,  per  bushel 80 

Lime,  unslacked,  per  bushel 80 

Sorghum  seed,  per  bushel 42 

Corn  meal,  bolted,  per  bushel 44 

Corn  meal,  unbolted,  per  bushel- _ 
Flour,  in  barrels,  per  barrel,  net__ 

Flour,  in  half  barrels,  net 

Flour,  in  one-fourth  barrel  sacks, 

net 

Flour,  in  one-eighth  barrel  sacks, 

net 

Meal,  in  barrels,  net 200 

Sorghum,  per  gallon 11 

Louisiana      cane     molasses,      per 

gallon 11 

Cotton  seed  3 32 


196 
98 

48 

24 


1  For  convenience  In  printing  a  slight  ch8nge  has  heen  made  in  arrangement  of  these 
articles. 

»See  Laws,  1923,  ch.  114,  p.  108,  infra. 
•See   sec.    3352. 


429 


430  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

sealed  by  the  secretary  of  state  or  some  proctor,  and  consisting  of 
one  weight  of  fifty  pounds,  one  of  twenty-five  pounds,  one  of  four- 
teen pounds  and  one  of  seven  pounds;  two  of  four  pounds,  two  of 
two  pounds,  and  two  of  one  pound,  avoirdupois;  one  measure  of 
one  yard,  and  one  of  one  foot,  cloth  measure;  one  measure  of  half  a 
bushel,  one  of  one  peck,  and  one  of  one-half  peck,  dry  measure ;  one 
measure  of  one  gallon,  one  of  a  half  gallon,  one  of  one  quart,  one  of 
one  pint,  and  one  of  one  gill,  wine  measure. 

Sec.  3350.  Inspector  of  provisions  to  be  keeper  of  standards;  sealing 
and  fees. — The  inspector  of  provisions  appointed  for  the  county  or 
city  shall  be  the  keeper  of  the  standards  of  weights  and  measures, 
and  shall  seal  by  such  standards  all  measures  brought  to  him;  but 
if  there  be  no  such  officer,  the  clerk  of  the  circuit  court  and  the 
clerk  of  the  city  shall  be  respectively  keepers  of  the  standards  for 
the  county  and  city,  and  shall  seal  weights  and  measures  brought 
to  them,  and  receive  the  fees  allowed. 

Sec.  3351.  Stamps  for  sealing  measures. — The  boards  of  supervisors 
and  mayors  and  boards  of  aldermen  shall  respectively  provide  the 
proper  stamps  or  brands  with  which  to  seal  weights  and  measures. 

Sec.  3352.  Cotton  seed. — Unless  otherwise  agreed  upon,  a  bushel  of 
cotton-seed  shall  be  thirty-two  pounds  avoirdupois. 

Sec.  3353  (1908).  Coal"  ton  of;  box  or  barrel  of.— The  standard 
weight  of  coal  shall  and  is  hereby  established  at  two  thousand 
(2,000)  pounds  to  the  ton,  or  two  hundred  (200)  pounds  to  the  box 
or  barrel,  and  unless  otherwise  agreed  upon,  coal  shall  be  sold  by 
the  ton  of  two  thousand  pounds,  or  the  box  or  barrel  of  two  hundred 
pounds. 

Sec.  3354°.  Measures  of  charcoal. — Unless  otherwise  agreed  upon, 
charcoal  shall  be  sold  by  measure,  and  the  measure  of  charcoal  shall 
be  a  barrel  of  the  capacity  of  three  and  one-quarter  bushels. 

Sec.  3355.  Measure  of  saw  logs,  etc. — The  table  known  as  "  Scribner's 
lumber  and  log  book  by  Doyle's  rule  "  is  the  standard  rule  of  measure- 
ment by  which  sawlogs  and  square  timber  shall  be  measured.  The 
use  of  any  other  rule  of  measurement  is  unlawful;  and  any  person 
who  shall  use  any  other  rule  which  gives  a  less  number  of  feet  in  a 
given  log,  shall  be  guilty  of  a  misdemeanor,  and  punished  accord- 
ingly, and  be  liable  to  any  person  injured  for  triple  damages. 

Sec.  3356.  Dealers  to  have  none  but  sealed  measures. — When '  the 
county  or  city  is  supplied  with  the  standards  of  weights  and  meas- 
ures, every  dealer  therein  shall  have  none  but  sealed  weights  and 
measures,  and  the  weights  shall  be  so  sealed  as  that  the  removal  of 
any  part  of  the  filling  will  destroy  or  deface  the  seal;  and  every 
dealer  having,  in  such  case,  any  weight  or  measure  which  has  not 
been  duly  sealed,  shall  be  guilty  of  a  misdemeanor,  and  shall,  more- 
over, forfeit  ten  dollars  for  every  day  he  may  have  any  unsealed 
weight  or  measure. 

Sec.  3357.  Selling  by  false  weights  or  measures. — If  any  person  shall 
sell  anything  by  any  false  weight  or  measure,  whereby  another  shall 
be  cheated ;  or  if  any  person  shall  sell  any  light-weight  loaf  or  pack- 
age, calling  the  same  a  pound  or  other  quantity,  or  if  any  person 
shall  sell  any  under-capacity  bottle  or  other  vessel,  calling  it  a  pint, 
quart,  or  other  quantity,  he  shall  be  guilty  of  a  misdemeanor  and 
fined  not  less  than  ten  dollars,  and  imprisoned  not  less  than  ten  days. 


Mississippi  431 

Sec.  3358.  Food  packages  to  be  labeled. — The  correct  name  and  the 
true  net  weight  of  the  contents  of  each  and  every  hogshead,  barrel, 
box,  cask,  bale,  sack  or  package  of  flour,  corn  meal,  cotton-seed  meal 
and  of  any  and  all  other  kinds  of  feeding  stuff  made  from  cereals 
of  any  kind,  whether  pure,  mixed  or  adulterated,  and  whether  sold 
in  single  packages  or  lots,  shall  be  plainly  marked,  branded  or 
stenciled  in  large,  legible  letters  and  figures,  upon  the  exterior  of 
such  hogsheads,  barrel,  box,  cask,  bale  or  package,  and  it  shall  be 
unlawful  for  any  person,  firm  or  corporation  or  the  agent,  employe 
or  representative  of  any  person,  firm  or  corporation  to  sell  or  ex- 
change or  offer  for  sale  or  exchange  any  of  such  mill  products,  so 
packed  or  contained,  until  the  provisions  hereof  have  been  complied 
with. 

Sec.  3360.  Penalty. — If  any  person  shall  violate  the  provisions  of 
the  two  preceding  sections  [Sections  3358  and  3359]  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
be  fined  in  the  sum  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars. 

Hemingway's  Ann.  Code,  1917,  ch.  107,  p.  2199. 

Sec.  4658°.  Inspectors  liable  as  other  officers. — Every  inspector  of 
foods  shall  be  liable,  civilly  and  criminally,  as  other  officers  are,  for 
fraud  and  any  malfeasance  or  misfeasance  in  office,  and  shall  be 
liable  on  his  bond  for  the  safe-keeping  and  accounting  for  the  stand- 
ards of  weights  and  measures. 

Sec.  4663.  Underweight  barrels  of  flour,  meal,  pork  and  beef  for- 
feited.— If  any  person  shall  sell,  keep,  or  offer  for  sale,  any  barrel 
of  flour,  meal,  pork,  or  beef,  as  a  barrel  thereof,  containing  less 
than  the  standard  weight  net,  he  shall  forfeit  to  the  county  all  of 
such  underweight  flour,  meal,  pork,  or  beef  which  he  may  have  in 
his  possession. 

Sec.  4669  (1910).  Articles  deemed  mislabeled. — That  for  the  purpose 
of  this  act  an  article  shall  be  deemed  to  be  mislabeled  or  misbranded : 

If  in  package  form,  and  the  contents  are  stated  in  terms  of  weight 
or  measure,  they  are  not  plainly  and  correctly  stated  on  the  outside 
of  the  package. 

Hemingway's  Ann.  Code,  1917,  ch.  138,  p.  2471. 

Sec.  5681°.  Millers  to  keep  sealed  measitres  and  toll  dishes. — Every 
owner  or  occupier  of  a  mill  grinding  for  toll  shall  keep  and  use 
therein  sealed  measures  of  half-bushel  and  peck,  and  a  sealed  toll 
dish,  and  shall  measure  all  grain  by  strike  measure,  under  penalty 
of  paying  five  dollars  for  every  such  failure,  recoverable,  with  costs, 
before  a  justice  of  the  peace,  to  the  use  of  the  informer;  but  this 
shall  not  apply  to  plantation  mills. 

Hemingway's  Ann.  Code,  1917,  ch.  144,  p.  2501. 

Sec.  5812°.  Powers,  how  exercised. — The  powers  hereby  granted  shall 
be  exercised  by  the  mayor  and  board  of  aldermen  of  the  respective 
cities,  towns,  and  villages,  as  hereinafter  set  forth. 

Sec.  5813.  Powers  of  mayor  and  board  of  aldermen. — The  mayor  and 
board  of  aldermen  of  every  city,  town,  and  village  shall  have  the  care, 
517—26 28 


432  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

management,  and  control  of  the  city,  town,  or  village,  and  its  prop- 
erty and  finances,  and  shall  have  the  power  to  enact  ordinances  for 
the  purposes  hereinafter  named,  and  such  as  are  not  repugnant  to  the 
laws  of  the  State,  and  such  ordinances  to  alter,  modify,  and  repeal; 
and  they  shall  have  power. 

Sec.  5822.  Weighing,  measuring  and  inspecting. —  (Ninth)  To  pre- 
scribe rules  for  the  weighing  and  measurement  of  every  commodity 
sold  in  the  municipality,  in  all  cases  not  otherwise  provided  by  law, 
and  provide  for  the  measuring  of  wood  and  fuel  and  the  weighing  of 
coal,  and  determine  the  place  or  places  for  the  sale  of  the  same,  and  fix 
the  fees  and  duties  of  the  person  authorized  to  perform  the  duties 
herein  named;  and  to  provide  for  the  inspection  and  condemnation 
of  coal-oil,  gasoline,  naphtha,  and  all  other  inflammable  and  com- 
bustible oils,  fluids,  or  gases  used  for  heating  or  lighting  purposes, 
when  the  same  shall  not  be  of  the  quality  and  standard  prescribed 
by  ordinance. 

Sec.  5850.  May  test  water,  electric  light  and  gas  meters. — If,  upon 
complaint  of  any  citizen  or  citizens  interested,  the  board  of  mayor  and 
aldermen  of  any  municipality  finds  that  there  is  reasonable  ground 
for  believing  that  any  meter  or  meters  intended  to  measure  or  register 
the  quantity  of  water,  or  electric  light  or  power',  or  gas  supplied  or 
furnished  by  any  individual,  company  or  corporation  to  the  munici- 
pality or  its  inhabitants  is  or  are  of  a  less  candle  power  or  degree 
of  brilliancy  than  required  by  contract,  said  mayor  and  board  of 
aldermen  may  employ  an  expert,  who  shall  examine  and  test  said 
meter  or  meters  and  said  light  or  lights,  as  the  case  may  be,  and 
report  back  to  said  board,  notice  of  the  time  and  place  of  the  pro- 
posed test  or  tests  being  first  given  to  all  parties  interested;  and  if 
such  examination  or  test  shall  show  the  fact  that  said  meter  or  meters 
measure  or  register  incorrectly  or  excessively,  or  that  said  light  or 
lights  are  of  a  less  candle  power  or  brilliancy  than  required  by 
contract,  then  all  expenses  of  such  examination  and  test  incurred  by 
said  municipal  authorities  shall  be  charged  against  and  collected 
back  from  said  individual,  company  or  corporation  supplying  or 
furnishing  said  water,  electric  light  or  power,  or  gas,  as  the  case 
may  be,  and  such  penalties  may  be  imposed  as  the  municipal  ordi- 
nances may  provide.  This  section  shall  apply  to  all  municipalities 
whether  the  same  have  elected  to  come  under  this  chapter  or  not. 

Hemingway's  Ann.  Code,  1917,  ch.  15,  p.  617. 

Sec.  1106  (1888).  Scalage. — If  any  purchaser  or  weigher  of  cotton 
shall  deduct  from  the  true  weight  of  any  bale  or  package  thereof 
any  amount  whatever,  as  scalage,  with  intent  to  diminish  the  sum  to 
be  paid  or  credited  to  the  seller,  he  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  twenty. 

Sec.  1107.  Actual  weight. — If  any  purchaser  of  cotton  shall  fail  to 
account  to  the  seller  for  the  actual  weight  of  the  cotton  bought, 
except  where  the  amount  of  the  deduction  is  agreed  upon  between 
them,  or  adjudged  by  a  disinterested  person  for  them,  he  shall  be 
guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  punished  as 
prescribed  in  the  last  section. 


Mississippi  433 

Hemingway's  Ann.  Code,  1917,  ch.  147,  p.  2615. 

Sec.  6159°.  Standard  measure  for  oysters. — That  a  standard  measure 
for  oysters  is  hereby  established,  which  said  measure  shall  consist 
of  a  tub  or  other  round  vessel  of  the  following  dimensions,  to  wit: 
It  shall  measure  seventeen  inches  in  diameter  inside  at  the  bottom  and 
twenty-one  and  one-half  inches  inside  at  the  top,  and  fourteen  and 
one-half  inches  inside  from  bottom  to  top,  the  unit  of  such  tub  or 
measure  to  be  in  the  shape  of  inverted  frustum  of  a  cone.  Two  of 
these  measures  filled  to  the  top  shall  make  one  barrel,  and  all 
oysters  bought  or  sold  in  this  State  in  the  shell  shall  be  measured 
in  a  measure  of  this  dimension  or  measure  holding  a  fraction  or 
multiple  thereof,  and  it  shall  be  unlawful  for  any  person  to  have 
in  his  possession  any  measure  for  oysters  in  the  shell  which  shall 
differ  in  size  from  the  measure  herein  provided  for,  or  to  demand 
or  require  a  greater  or  less  measure  in  buying  or  selling;  and  no 
vessel  or  measure  shall  be  used  in  buying  or  selling  oysters  until  it 
has  been  measured  and  stamped  by  the  oyster  inspector  with  a  metal 
tag  or  stamp,  showing  the  quantity  of  oysters  such  measure  will  hold. 
It  shall  be  the  duty  of  the  oyster  inspector  to  make  such  measure- 
ments and  to  visit  for  that  purpose  each  place  where  oysters  are 
bought  and  sold  as  required,  not  to  exceed  once  in  each  month 
during  the  canning  season,  and  shall  keep  a  book  in  which  shall 
be  recorded  the  dimensions  of  all  vessels  so  measured.  And  for 
each  stamp  the  chief  inspector  shall  receive  the  sum  of  twenty- 
five  cents  from  the  person,  persons  or  corporation  to  whom  it  is 
issued.  The  chief  inspector  shall  keep  a  book  to  be  known  as  the 
"  oyster  measure  record,"  in  which  he  shall  register  the  names  of 
each  person,  firm  or  corporation  to  whom  he  has  issued  such  stamp 
and  the  date  of  issuance ;  and  said  record  shall  be  open  for  the  inspec- 
tion of  the  public  during  business  hours;  and  for  every  false  or 
fraudulent  issuance  of  said  stamp  or  for  every  stamp  issued  without 
a  record  thereof  being  kept,  in  the  "  oyster  measure  record,"  the 
chief  inspector  shall  be  guilty  of  a  misdemeanor  and  shall,  on  con- 
viction, be  fined  the  sum  of  fifty  dollars,  one-half  of  which  shall  be 
paid  to  the  person  or  persons  informing  on  the  chief  inspector. 

Hemingway's  Ann.  Code,  Suppl.,  1921,  ch.  147A,  p.  542. 

Sec.  6166a  (1920).  Paint,  varnish,  etc.,  unlabeled. — It  shall  be 
unlawful  for  any  person,  firm  or  corporation  within  this  State  to 
manufacture  for  sale,  sell,  or  exchange,  or  to  offer  or  to  keep  for 
sale  or  exchange  any  paint,  putty,  linseed  oil  or  other  paint  oils, 
turpentine  or  varnish  that  is  not  labeled  in  accordance  with  the 
provisions  of  this  act,  or  which  is  adulterated  or  misbranded  or 
insufficiently  labeled  or  branded;  and  any  person,  firm,  or  corpora- 
tion violating  any  provision  of  this  act  shall  be  guilty  of  a  mis- 
demeanor and,  upon  conviction,  shall  be  fined  not  less  than  twenty- 
five  dollars,  and  not  more  than  one  hundred  dollars  for  the  first 
offense,  and  not  less  than  fifty  dollars  and  not  more  than  two 
hundred  dollars  for  each  subsequent  offense. 

Sec.  6166b.  Term  "  paint "  defined. — The  term  paint  as  used  herein 
shall  include  all  substances,  whether  dry  or  ground  in  oil,  used 
or  intended  for  use  as  paint  or  as  components  of  paint.  It  shall 
include  paste  and  semi-paste  paints,  house,  carriage,  wagon,  barn, 


434  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

floor,  roof,  and  implement  paints  and  enamels,  and  all  kinds  of  liquid 
and  ready  mixed  paints.  It  shall  not  include  artists'  colors,  liquid 
bronzes,  colors  intended  to  be  mixed  with  water  for  decorative  pur- 
poses, wood  fillers,  stove  polishes  or  stove  enamels,  and  shingle  and 
roof  stains. 

Sec.  6166c.  Receptacles  to  bear  labels. — Every  container  or  receptacle 
of  paint,  putty,  linseed  oil,  or  other  paint  oils,  turpentine,  and  var- 
nish sold,  exchanged,  or  offered  or  kept  for  sale  or  exchange  shall 
bear  a  label  printed  in  legible  type  in  English  stating : 

(a)  The  kind  of  paint  or  material  in  the  container,  and  the  name 
and  residence  of  the  manufacturer  by  whom  made  and  the  name  and 
residence  of  the  distributor,  person  or  firm  for  whom  made. 

(&)  The  volume,  if  sold  by  volume;  and  the  net  weight  if  sold  by 
weight. 

*  *****  * 

Sec.  6166e-  State  chemist  to  enforce  this  act. — The  State  chemist 
is  hereby  charged  with  the  enforcement  of  the  provisions  of  this 
act.  He  shall  also  prepare  such  rules  and  regulations  as  are  neces- 
sary to  carry  its  intent  and  purpose  into  effect;  and  the  collection, 
examination,  and  analysis  of  specimens  of  paint,  putty,  linseed  oil 
and  other  paint  oils,  turpentine,  and  varnish  shall  be  carried  out 
under  his  direction  by  duly  authorized  inspectors  and  analysis. 

Laws,  1923,  ch.  114,  p.  108. 

Sec.  9.  Standard  weights  to  be  U3ed. — No  person  purchasing,  selling 
or  storing  grain  in  any  public  local  grain  warehouse  in  this  State, 
as  the  same  is  now  or  may  be  hereafter  defined  by  law,  shall  use 
any  other  measure  for  such  grain  than  the  standard  bushel,  and  no 
other  number  of  pounds  shall  be  used  or  called  a  bushel  than  the 
number  of  pounds  provided  by  law  as  the  standard  weight  of  the 
kind  of  grain  in  question:  Provided,  however,  That  during  the 
months  of  October  and  November  not  exceeding  eighty  pounds  and 
during  the  months  of  December  and  January  not  exceeding  seventy- 
two  pounds  may  be  so  used  as  the  standard  bushel  of  new  ear 
corn. 

laws,  1918,  ch.  191,  p.  224. 

Sec.  5.  Milk  or  cream  testing  apparatus. — That  it  shall  be  unlawful 
for  any  person  to  operate  a  milk  or  cream  testing  apparatus  to  de- 
termine the  percentage  of  milk  fat  in  milk  or  cream  for  the  purpose 
of  purchasing  same,  either  for  himself  or  another,  without  first  se- 
curing a  license  from  the  State  commissioner  of  agriculture,  who 
shall  issue  such  license,  upon  a  form  prepared  by  him,  upon  pay- 
ment of  a  fee  of  one  dollar  for  a  period  of  twelve  months :  Provided, 
The  applicant  for  license  shall  pass  a  satisfactory  personal  examina- 
tion that  shall  satisfy  said  commissioner  that  he  is  competent  and 
qualified  to  operate  and  use  such  apparatus  and  make  an  accurate 
test  with  same,  which  license  may  be  revoked  by  the  commissioner 
when  it  shall  be  shown  that  such  licensed  person  is  incompetent  or 
unreliable.  The  testing  of  each  lot  of  milk  or  cream  by  any  un- 
licensed person  shall  constitute  a  separate  offense  under  this  act: 
Provided,  That  any  licensed  person  may  for  a  valid  reason  satisfac- 
tory to  said  commissioner,  appoint  a  substitute  for  a  period  not  to  ex- 


Mississippi  435 

ceed  fifteen  days,  and  subject  to  the  approval  of  said  commissioner. 
Any  person  violating  the  requirement  of  this  section  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  as  pro- 
vided in  section  2  of  this  act. 

Sec.  6,  as  amended  by  Laws,  1922,  ch.  253,  p.  339.  Babcock  test. — It 
shall  be  unlawful  for  any  person,  either  for  himself  or  another,  to 
falsely  manipulate,  or  under-read  or  over-read,  take  inaccurate  sam- 
ples or  make  any  false  determinations  by  Babcock  test  or  any  other 
contrivance  used  to  determine  the  quantity  of  fat  in  milk  or  cream 
or  value  of  milk  or  cream  delivered  to  a  creamery,  cheese  factory, 
condensory,  ice  cream  plant,  milk  plant  or  milk  depot,  or  when  sold 
or  purchased.  The  test  shall  be  clear  oil,  free  from  sediment,  solids, 
or  other  foreign  substance,  and  must  be  read  at  a  temperature  of 
125°-140°  F.  Cream  tests  must  be  weighed.  The  scales  must  be 
sensitive  and  accurate.  The  tester  and  owner  or  owners  are  jointly 
responsible  for  their  accuracy.  For  the  purpose  of  providing  official 
supervision  of  the  operation  of  the  Babcock  test  in  all  licensed  re- 
ceiving stations  conducted  for  the  purchase  of  butter  fat  either  in 
the  form  of  cream  or  milk,  to  promote  fair  competition,  and  to  pro- 
tect the  producer  of  butterfat,  thereby  giving  more  confidence  to  the 
producer  in  the  system  of  determining  the  per  cent  of  butterfat  in 
cream  or  milk,  the  following  regulation  is  hereby  promulgated : 

That  all  individuals,  corporations  and  partnerships  authorized  by 
license  or  permit  to  conduct  the  Babcock  test  in  the  State  of  Missis- 
sippi shall  retain  in  a  cool,  clean,  sanitary  place  and  in  tightly 
stopped  bottles  or  tightly  covered  jars  the  exact,  properly  labeled 
samples  of  cream  or  milk  from  which  the  butterfat  test  has  been 
conducted,  until  6  p.  m.  of  the  day  following  the  application  of  the 
test  where  daily  testing  is  practiced,  and  until  6  p.  m.  of  the  second 
day  following  the  application  of  the  test  where  composite  testing  of 
individual  deliveries  is  practiced.  In  case  of  Sundays  and  legal  holi- 
days intervening  the  samples  shall  be  held  one  additional  day. 

Upon  such  occasions  as  may  be  determined  wise,  this  department 
or  its  inspectors  may  order  any  sample  or  samples  held  for  a  longer 
period  than  provided  for  by  these  regulations. 

Any  person  violating  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction,  shall  be  punished  as  pro- 
vided in  section  2  of  this  act. 

Sec.  7.  Bottles  and  pipettes  used  in  measuring  milk  or  cream. — All 
bottles  and  pipettes  used  in  measuring  milk  or  milk  products  for 
making  determination  of  the  per  cent  of  fat  in  said  milk  or  milk 
products,  shall  have  clearly  blown  or  otherwise  permanently  marked 
in  the  side  of  the  bottle  or  pipette  the  word  "  sealed,"  and  in  the  side 
of  the  pipette  or  the  side  or  bottom  of  the  bottle  the  name,  initials 
or  trade-mark  of  the  manufacturer  and  his  designating  number, 
which  designating  number  shall  be  furnished  by  the  State  commis- 
sioner of  agriculture  upon  application  by  the  manufacturer  and 
upon  the  filing  by  the  manufacturer  of  a  bond  in  the  sum  of  one 
thousand  dollars  with  sureties  to  be  approved  by  said  commissioner, 
conditioned  upon  conformance  with  the  requirements  of  this  section. 
A  record  of  the  bonds  furnished,  the  designating  number,  and  to 
whom  furnished,  shall  be  kept  in  the  office  of  said  commissioner. 
Any  manufacturer  who   sells  Babcock,  or  other,   milk,  cream  or 


436  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

butter  test  bottles  or  milk  pipettes,  to  be  used  in  this  State,  that  do 
not  comply  with  the  provisions  of  this  section  shall  suffer  a  penalty 
of  five  hundred  dollars,  to  be  recovered  by  the  attorney  general  of 
the  State  in  action  in  the  name  of  the  State  upon  the  bond  of  such 
manufacturer  and  any  dealer  who  uses,  for  the  purpose  of  deter- 
mining the  per  cent  or  milk  fat  in  milk  or  milk  products,  any  bottles 
or  pipettes  purchased  after  six  months  from  the  date  of  this  act 
shall  take  effect,  that  do  not  comply  with  the  provisions  of  this  sec- 
tion relating  thereto,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  punished  as  provided  in  section  2  of  this  act. 


MISSOURI 

Eev.  Stats.,  1919,  Vol.  3,  ch.  127,  p.  4203. 

Sec.  13577°.  County  clerk  to  procure  weights  and  measures;  length;  ca- 
pacity; weight. — The  clerk  of  each  county  court  shall  provide,  at  the 
expense  of  the  county,  one  measure  of  one  foot,  or  twelve  inches, 
English  measure;  one  measure  of  three  feet,  or  thirty-six  inches, 
English  measure,  denominated  one  yard;  one-half  bushel  measure, 
which  shall  contain  one  thousand  seventy-five  and  one-fifth  cubic 
inches,  denominated  dry  measure;  one  gallon  measure,  which  shall 
contain  two  hundred  and  thirty-one  cubic  inches;  one-half  gallon 
measure,  which  shall  contain  one  hundred  and  fifteen  and  one-half 
cubic  inches ;  one  quart  measure,  which  shall  contain  fifty-seven  and 
three-fourts  cubic  inches.  Also,  one  set  of  weights,  called  avoirdupois 
weights,  and  one  seal,  with  initials  of  the  county  inscribed  thereon; 
which  measures,  weights  and  seal  shall  be  kept  by  the  clerk  of  the 
county  court  of  each  county. 

Sec.  13578.  Notice. — So  soon  as  the  weights  and  measures  are  pro- 
vided, the  clerks  of  the  county  court  shall  cause  notice  thereof  to  be 
given  at  the  courthouse  door,  for  two  months;  and  any  person  who 
shall  knowingly  keep  any  measure  or  weights,  and  buy  or  sell  any 
commodity  whatsoever  by  such  weights  or  measures  as  shall  not 
correspond  with  the  weights  and  measures  deposited  in  the  clerk's 
office,  shall,  for  every  such  offence,  forfeit  and  pay  to  the  party  in- 
jured ten  dollars,  to  be  recovered  by  civil  action  before  any  justice 
of  the  peace  of  the  county. 

Sec.  15379.  Sealing. — Clerks  of  the  county  court  shall,  with  the  seal 
aforesaid,  seal  all  weights  and  measures  presented  to  them  for  that 
purpose,  that  correspond  with  the  county  standard. 

Sec.  13580.  Ton;  hundredweight. — The  hundredweight  shall  consist 
of  one  hundred  pounds  avoirdupois,  and  twenty  such  hundreds  shall 
constitute  a  ton. 

Sec.  13581.  Legal  weights  of  bushel  of  various  produce. — Whenever 
the  articles  hereinafter  named  shall  be  sold  by  the  bushel,  and  no 
special  agreement  as  to  the  measurement  or  weights  thereof  shall  be 
made  by  the  parties,  the  bushel  shall  consist  of  the  following  number 
of  pounds,  viz :  * 


Pounds  per 
bushel 

Wheat 60 

Beans 60 

Clover-seed 60 

Irish  potatoes 60 

Peas 60 

Split  peas 60 

Rye 56 

Dried  peaches 33 

Dried  apples 24 


Pounds  per 
bushel 

Buckwheat 52 

Castor  beans 46 

Hemp  seeds 44 

Blue-grass  seed 14 

Timothy  seed 45 

Cottonseed 33 

Salt 50 

Mineral  coal 80 

Coke '  2,680 


1  For  convenience  In  printing  a  slight  change  has  been  made  In  arrangement  of  these 
articles. 

'Cubic  inches  per  bushel.  ,„_ 

437 


438 


LAWS   CONCERNING   WEIGHTS  AND   MEASURES 


Pounds  per 
bushel 

Charcoal 2  2,  680 

Sweet  potatoes 

Parsnips 

Common  turnips 

Carrots 

Rutabagas 

Shelled  corn 

Flax  seed 

Unshelled  corn 

Barley 

Oats 

Bran 

Onions 

Corn  meal 

Millet 


56 
44 
42 
50 
50 
56 
56 
70 
48 
32 
20 
57 
50 
50 


Pounds  per 
bushel 

Green  peas ,  unshelled 56 

Green  beans,  unshelled 56 

Apples 48 

Peaches 48 

Pears 48 

Hungarian  grass  seeds 48 

Malt 38 

Top  onion  sets 28 

Red  top  seed 14 

Orchard  grass  seed 14 

Sorghum  seed 42 

Osage  orange  seed 36 

Cucumbers 48 

Tomatoes 45 


And  whenever  apples  shall  be  sold  by  the  barrel 3  and  no  special 
agreement  is  made  as  to  the  size  of  the  barrel  by  the  parties,  the 
size  shall  be  as  follows:  Length  of  barrel,  twenty-eight  and  one- 
half  inches,  with  chines  of  three  quarters  of  an  inch  at  the  ends ;  the 
diameter  of  the  heads  shall  be  seventeen  and  one-quarter  inches, 
and  the  diameter  of  the  center  of  the  barrel  inside  shall  be  twenty 
and  one-half  inches. 

Sec.  13582.  Timber;  beard  measure. — All  plank  and  sawed  timbers 
and  lumber  shall,  unless  otherwise  agreed  by  special  contract,  be 
sold  by  board  measure. 

Sec.  13583.  Flour,  weight  of  barrel,  sack. — A  barrel  of  flour  shall 
consist  of  196  pounds  net;  a  sack  of  flour  shall  consist  of  98  pounds 
net;  a  half  sack  of  flour  shall  consist  of  48  pounds  net;  a  quarter 
sack  of  flour  shall  consist  of  24  pounds  net;  no  manufacturer  or 
dealer  in  flour  shall  sell  flour  in  barrels,  sacks,  half  sacks  or  quarter 
sacks  containing  a  less  amount  of  flour  than  the  amounts  above 
specified.  Before  any  barrel,  sack,  half  sack  or  quarter  sack  of  flour 
shall  be  sold,  the  number  of  pounds  therein  contained  shall  be  plainly 
labeled  or  stamped  thereon.  Any  person  who  shall  sell  any  package 
of  flour  which  shall  be  stamped  or  labeled  with  a  greater  number  of 
pounds  net  than  such  package  actually  contains,  or  who  shall  put  up 
or  sell  flour  in  any  manner  contrary  to  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

Sec.  13584.  Fraudulent  weighing  of  ore. — Any  person  or  persons  who 
keep  any  public  or  private  scales  and  weigh  for  themselves  or  others, 
mineral,  lead,  zinc,  coal  and  other  ores,  who  knowingly  take  more 
than  ten  hundred  pounds  for  one  thousand  or  more  than  twenty 
hundred  pounds  avoirdupois  for  one  ton,  or  fail  to  correctly  balance 
his  or  their  scales  before  weighing,  or  shall  fail  or  neglect  to  account 
for  each  fractional  part  of  a  thousand  or  ton,  as  the  case  may  be,  in 
weighing  any  of  the  ores  herein  named,  which  ores  are  bought  and 
sold  by  the  thousand  or  ton,  shall,  for  every  such  offense,  forfeit 
and  pay  to  the  party  injured  a  sum  not  less  than  twenty  dollars 
nor  more  than  fifty  dollars,  to  be  recovered  by  civil  action  before  any 
justice  of  the  peace  in  the  county. 


2  Cubic  inches  per  bushel. 

'  See  footnote,  p.  20,  relative  to  Federal  standard  barrel. 


Missouri  439 

Sec.  13585.  Sale  of  grain,  etc.,  to  be  made  by  actual  weight;  penalty  for 
deductions. — Every  sale  of  grain,  seed,  hay  or  coal  shall  be  made  on 
the  basis  of  actual  weight  thereof,  and  any  purchaser  of  grain,  seed, 
hay  or  coal,  who  shall  deduct  any  amount  from  the  actual  weight  or 
measure  thereof,  under  claim  of  right  to  do  so  by  reason  of  any 
custom  or  rule  of  a  board  of  trade  or  any  pretense  whatsoever, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to 
a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  each  and  every  offense. 

Sec.  13585a,  as  enacted  by  Laws,  1923,  p.  381.  Correct  weight  of  coal; 
certificate  to  be  furnished;  violation  a  misdemeanor. — Every  person  or 
persons  selling  and  delivering  coal  in  wagon  load  or  truck  load 
lots  shall  correctly  weigh  said  coal  and  shall  furnish  to  the  driver 
or  person  in  charge  of  such  load  a  ticket  signed  by  the  person  selling 
such  coal,  stating  the  gross,  tare  and  net  weights,  and  said  ticket 
shall  also  state  the  name  of  the  purchaser  of  such  coal  and  shall 
correctly  describe  the  quality,  kind  and  character  of  such  coal;  and 
the  seller's  driver  or  agent  in  charge  of  said  load  shall  on  the  de- 
livery of  such  load  deliver  such  ticket  to  such  purchaser.  Any  State, 
county  or  township  officer  sworn  to  preserve  the  peace  shall  have 
power  to  enforce  the  provisions  of  this  section  and  in  the  enforce- 
ment thereof  may  require  any  driver  or  person  in  charge  of  such 
load  of  coal  while  hauling  same,  to  exhibit  the  weight  ticket  of  said 
load,  and  may  require  such  person  to  drive  such  load  to  any  public 
or  private  scale  and  have  the  same  weighed  thereon,  and  to  return 
after  delivery  of  such  load  and  have  the  empty  vehicle  weighed. 
Any  person  or  persons  selling  and  delivering  coal  contrary  to  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  of  not  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  13588.  Authority  of  agent  and  broker,  selling  grain,  etc. — No 
agent  or  broker  selling  any  grain,  seed,  hay  or  coal  shall  have  author- 
ity, under  claim  or  right  to  do  so  by  reason  of  any  custom  or  rule  of 
board  of  trade,  to  sell  any  grain,  seed,  hay  or  coal  only  on  the  basis 
of  the  actual  weight  thereof,  and  any  contract  of  sale  of  any  grain, 
seed,  hay  or  coal  made  in  violation  of  sections  13585  and  13586  of 
this  article  shall  be  null  and  void. 

Rev.  Stats.,  1919,  Vol.  2,  ph.  72,  p.  2357. 

Sec.  7610°.  Cities  of  first  class. — All  cities  and  towns  in  this  State 
containing  one  hundred  thousand  inhabitants  or  more  shall  be  cities 
of  the  first  class. 

Sec.  7621.  What  cities  eligible  to  become  first  class. — All  cities  and 
towns  in  this  State  containing  more  than  seventy-five  thousand 
inhabitants  and  less  than  one  hundred  and  fifty  thousand  inhabitants 
may  elect  to  become  cities  of  the  first  class  in  the  manner  hereinafter 
provided.  In  all  cases,  the  population  shall  be  determined  by  the 
last  census  taken,  whether  State  or  National. 

Sec.  7674  (al911).  Powers  of  mayor  and  council  of  cities  of  the  first 
class;  weights  and  measures  used  by  traders,  dealers  and  common  carriers 
to  be  tested ;  regulation  and  inspection  of  certain  articles ;  inspection  and 
weighing  of  hay,  lime,  fuel,  etc.;  to  regulate  inspection  of  articles  and 
appoint  weighers,  gaugers  and  inspectors ;  to  regulate  weight  and  quality 
of  bread. — The  mayor  and  common  council  shall  have  power  within 


440  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

the  city,  by  ordinance,  not  inconsistent  with  the  constitution  or  any 
law  of  this  State  or  of  this  article : 

XXIV.  To  require  all  traders  or  dealers  in  merchandise  or  prop- 
erty of  any  description  which  is  sold  by  measure  or  weight,  and 
all  common  carriers  using  weights  and  measures,  to  cause  their 
weights  or  measures  to  be  tested  and  sealed,  and  to  be  subject  to 
inspection. 

XXV.  To  regulate  and  provide  for  inspecting  and  measuring  of 
firewood,  lumber,  shingles,  timber,  posts,  staves,  headings  and  all 
kinds  of  building  materials,  and  for  measuring  all  kinds  of  mechan- 
ical work,     *     *     * 

XXVI.  To  provide  for  the  inspection  and  weighing  of  hay,  lime, 
stone,  coal,  charcoal  and  all  kinds  of  coal  used  for  fuel  or  for  heating 
purposes,  and  the  place  and  manner  of  weighing  the  same. 

XXVII.  To  regulate  the  inspection  of  beef,  pork,  flour,  meal  and 
other  provisions,  whiskey  and  other  liquors  to  be  sold  in  barrels, 
hogsheads  and  other  vessels  or  packages;  to  appoint  weighers, 
gaugers  and  inspectors,  and  to  prescribe  their  duties. 

XXVIII.  To  regulate  the  weight  and  quality  of  bread  to  be  sold 
or  used  in  the  city. 

Sec.  7611°.  Cities  of  second  class. — All  cities  and  towns  in  this  State 
containing  thirty  thousand  and  less  than  one  hundred  thousand  in- 
habitants shall  be  cities  of  the  second  class. 

Sec.  7970  (1913).  What  cities  may  become  cities  of  the  second  class. — 
All  cities  and  towns  in  this  State  containing  more  than  30,000  inhab- 
itants and  less  than  75,000  inhabitants  may  elect  to  become  cities 
of  the  second  class  in  the  manner  hereinafter  provided.  In  all  cases 
the  population  shall  be  determined  by  the  last  census  taken,  whether 
State  or  National,  or  by  a  census  taken  by  a  census  supervisor  ap- 
pointed for  that  purpose  by  the  governor  of  the  State  at  the  re- 
quest of  the  mayor  of  any  city  of  the  third  class,  or  upon  the  peti- 
tion of  not  less  than  100  of  the  registered  voters  of  such  city. 

Sec.  7976  (al917).  General  corporate  powers;  to  inspect  food,  etc.;  to 
inspect  weights  and  measures,  milk,  ice  cream,  and  to  regulate  weight 
and  quality  of  bread. — Every  city  of  the  second  class  shall  have  power, 
by  ordinance,  not  inconsistent  with  the  constitution,  or  any  law  of 
this  State,  or  of  this  article :     *     *     * 

XXII.  To  inspect,  test,  measure  and  weigh  any  article  of  food, 
drink,  or  wear  for  consumption  or  use,  bought,  sold,  used  or  handled 
in  the  city,  and  to  inspect  at  all  reasonable  hours  and  times,  all 
buildings,  lands  and  places  of  every  description  in  the  city,  as  to 
their  conditions  for  health,  cleanliness  and  safety. 

XXIII.  To  establish  standards  of  weights  and  measures,  and  to 
provide  for  the  inspection  of  all  weights  and  measures:  Provided 
however,  That  the  standards  as  established  by  the  United  States 
Government  or  the  State  of  Missouri  shall  be  used  where  they  apply. 

XLII.  To  provide  for  the  inspection  of  milk,  cream  and  ice  cream 
offered  for  sale  or  for  use  in  such  city,  and  to  provide  a  standard  for 
such  products,  and  to  prescribe  the  weight  and  quality  of  bread  to 
be  sold  in  the  city,  and  to  provide  for  the  seizure  and  confiscation 
of  said  products  when  not  conforming  to  the  regulations. 

Sec.  7612  (1899).  Cities  of  third  class. — All  cities  and  towns  in  this 
State  containing  three  thousand  and  less  than  thirty  thousand  in- 


MISSOURI  441 

habitants,  which  shall  elect  to  be  a  city  of  the  third  class,  shall  be 
cities  of  the  third  class. 

Sec.  8297  (1893).  Inspection,  weighing,  etc. — The  council  [of  cities 
of  the  third  class]  may  prescribe  rules  and  provide  methods  by  ordi- 
nance for  the  inspection,  weighing  and  measuring  of  any  commodity 
sold  in  the  city  in  all  cases  not  otherwise  provided  for  by  law,  and 
may  provide  for  the  selling,  weighing  and  inspecting  of  meats, 
poultry  and  vegetables,  of  butter,  lard  and  other  provisions  and 
articles  of  food ;  and  may  provide  for  the  inspecting  and  measuring 
of  wood,  coal  and  fuel,  lumber,  shingles,  timber  and  all  kinds  of 
building  material,  and  shall  have  power  to  appoint  inspectors  and 
measurers;  and  may  make  provisions  for  the  inspection  of  steam 
boilers,  and  all  steam  heating  apparatus,  and  to  license  engineers 
using  steam  boilers  in  the  city,  and  may  regulate  the  place  or  places 
where  hay,  lime,  lumber,  timber,  wood,  coal  and  all  kinds  of  fuel 
shall  be  exposed  for  sale,  and  fix  the  fees  of  the  person  or  persons 
appointed  to  perform  the  duties  named  in  this  section. 

Rev.  Stats.,  1919,  Vol.  2,  cli.  38,  p.  1791. 

Sec.  5670  (al919).  Food. — In  the  case  of  food  as  herein  defined,  an 
article  shall  also  be  deemed  to  be  misbranded;  *  *  *  5.  If  in 
package  form  and  the  quantity  of  the  contents  be  not  plainly  and 
conspicuously  marked  on  the  outside  of  the  package  in  terms  of 
weight,  measure  or  numerical  count:  Provided,  however,  That  rea- 
sonable variations  as  to  small  packages  shall  be  established  by  rulings 
and  regulations  made  by  the  State  food  and  drug  commissioner,  as 
provided  by  section  5732  of  the  Revised  Statutes,  1919. 

Sec.  5723°.  Mixed  flour  to  be  branded. — No  person  shall  sell  or  offer 
for  sale  any  flour,  meal,  grits  or  hominy,  made  from  the  admixture 
or  adulteration  of  grains,  unless  there  shall  have  been  first  branded 
upon  each  of  the  barrels  or  packages  containing  the  same,  the  kind 
of  grains  composing  said  admixture,  the  quality  and  weight  thereof, 
and  the  name  and  place  of  business  of  the  person  manufacturing 
the  same :  Provided,  always,  That  the  admixture  of  the  several 
grades  or  kinds  of  wheat  shall  not  be  construed  to  be  mixed  or  adul- 
terated grains. 

laws,  1925,  H.  B.  84,  p.  105- 

Sec.  1.  Definitions. — In  this  act  the  term  "  commissioner  "  means 
the  commissioner  of  the  State  marketing  bureau  of  the  Missouri 
State  board  of  agriculture.  "Agricultural  products  "  shall  include 
horticulture,  a- iti cultural,  dairy,  bee,  and  any  farm  product;  the  word 

person "  shall  include  individuals,  partnerships,  corporations,  as- 
sociations, or  two  or  more  individuals  having  a  joint  or  common  in- 
terest; words  used  import  the  singular  or  the  plural  as  the  case  may 
demand. 

Sec.  2.  Oflicial  standards  for  containers  of  farm  products. — In  order 
to  promote,  protect,  further,  and  develop  the  agricultural  interests  of 
this  State  the  commissioner  is  hereby  authorized  and  empowered 
after  investigation  and  public  hearing  to  fix  and  promulgate  official 
standards  for  grading  and  classifying  any  or  all  agricultural  prod- 
ucts grown  or  produced  in  this  State  and  to  fix  and  promulgate  of- 
ficial standards  for  containers  of  farm  products  and  change  any  of 
them  from  time  to  time. 


442  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  3.  Promulgating1  standards. — In  promulgating  the  standards  or 
any  alterations  or  modifications  of  such  standards  the  commissioner 
shall  specify  the  date  or  dates  when  the  same  shall  become  effective 
and  shall  give  public  notice  not  less  than  30  days  in  advance  of  such 
date  or  dates  by  such  means  as  he  deems  proper,  and  he  is  hereby  au- 
thorized and  empowered  to  employ  reasonable  methods  for  diffusing 
information  concerning  the  standard  that  may  be  fixed  by  him  for 
any  agricultural  product  or  container. 

Sec.  4.  Fixing  and  promulgating  official  standards  authorized  by  Con- 
gress.— The  commissioner  is  authorized  to  fix  and  promulgate  as  the 
official  standard  for  this  State  for  any  agricultural  product  or  con- 
tainer the  standard  for  such  product  or  container  which  may  have 
been  promulgated  or  announced  therefor  under  the  authority  of  the 
Congress  of  the  United  States,  and  in  carrying  out  the  provisions 
of  this  act  the  commissioner  is  authorized  to  cooperate  with  the 
United  States  or  any  department  thereof  in  accomplishing  the  mat- 
ters and  things  provided  for  herein. 

Sec.  11.  Use  of  other  standards  prohibited;  penalty. — *  *  *  When- 
ever any  standard  for  a  container  for  an  agricultural  product  be- 
comes effective  under  this  act,  no  person  thereafter  shall  manufacture 
for  commerce  within  the  jurisdiction  of  this  State,  or  sell,  ship,  or 
offer  for  sale  in  such  commerce  any  container,  either  filled  or  unfilled, 
to  which  the  standard  is  applicable  which  does  not  comply  with  such 
standard  subject  to  such  tolerances  as  may  be  permitted  under  this 
act.  Any  person  violating  this  section  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  dollars  or  not  more  than  one  hundred  dollars. 

Rev.  Stats.,  1919,  Vol.  3,  ch.  90,  Art.  2,  p.  3020. 

Sec.  9932°.  Minimum  weight  of  carload,  mixed  freight. — Twenty-four 
thousand  pounds  shall  be  deemed  the  minimum  weight  for  a  carload 
of  such  mixed  stock  when  such  car  is  thirty  feet  long,  and  such  mini- 
mum weight  shall  be  more  or  less  than  twenty- four  thousand  pounds, 
in  proportion  as  such  car  is  more  or  less  than  thirty  feet  long;  and  no 
railway  company,  or  agent  for  such  company,  shall  charge,  demand 
or  receive  any  greater  sum  for  the  transportation  of  such  car  or  cars 
of  mixed  stock  or  grain  than  is  charged  for  the  transportation  of 
such  car  or  cars  when  but  one  species  of  stock  or  one  kind  of  grain 
is  shipped  therein:  Provided,  That  said  different  species  of  stock 
or  different  kinds  of  grain,  or  articles  of  commerce  and  trade,  which 
are  loaded  in  said  car  or  cars,  do  not  exceed  the  maximum  weight 
allowed  by  law  and  usage  when  but  one  species  of  stock  or  kind  of 
grain  is  shipped  in  such  car  or  cars. 

Sec.  9959.  No  discrimination  allowed  in  shipping  grain;  grain  to  be 
weighed  and  shortage  made  up. — Every  railroad  corporation  chartered 
by  or  organized  under  the  laws  of  this  State,  or  doing  business 
within  the  limits  of  the  same,  when  desired  by  any  person  wishing 
to  ship  any  grain  over  its  road,  shall  receive  and  transport  such 
grain,  in  bulk  or  otherwise,  within  a  reasonable  time,  and  load 
the  same  either  upon  its  track,  at  its  depot,  or  at  any  warehouse 
adjoining  its  track  or  side  track,  without  distinction,  discrimination 
or  favor  between  one  shipper  and  another,  and  without  distinction 
or  discrimination  as  to  the  manner  in  which  such  grain  is  offered 


Missouri  443 

to  it  for  transportation,  or  as  to  the  person,  warehouse  or  place  to 
whom  or  to  which  it  may  be  consigned;  and  at  all  stations  where 
scales  are  required  to  be  kept,  at  the  time  such  grain  is  received 
by  it  for  transportation,  such  corporation  shall  carefully  and  cor- 
rectly weigh  the  same,  and  issue  to  the  shipper  thereof  a  receipt 
or  bill  of  lading  for  such  grain,  in  which  shall  be  stated  the  true 
and  correct  weight,  and  such,  corporation  shall  weigh  out  and 
deliver  to  such  shipper,  his  consignee  or  other  person  entitled  to 
receive  the  same,  at  the  place  of  delivery,  the  full  amount  of  such 
grain,  without  any  deduction  for  leakage,  shrinkage  or  other  loss 
in  the  quantity  of  the  same,  except  that  one-half  of  one  per  cent, 
shall  be  allowed  for  leakage,  shrinkage  or  other  loss  on  bulk  grain. 
In  default  of  such  delivery,  the  corporation  so  failing  to  deliver 
the  full  amount  of  such  grain  shall  pay  to  the  person  entitled  thereto 
the  full  market  value  of  any  such  grain  not  delivered  at  the  time 
and  place  when  and  where  the  same  should  have  been  delivered. 

Eev.  Stats.,  1919,  Vol.  2,  ch.  49,  Art.  2,  p.  1876. 

Sec.  6024  (1913).  Scales  may  be  examined  and  tested,  when,  by 
whom. — *  *  *  All  scales  used  for  the  weighing  of  property  in 
public  warehouses  or  public  elevators  shall  be  subject  to  examination 
and  test  by  any  duly  authorized  State  scale  inspector,  and  no  scales 
shall  be  used  for  the  weighing  of  grain  after  being  found  incorrect 
until  put  in  order  and  found  accurate  and  approved  for  further  use 
by  an  authorized  State  scale  inspector. 

Sec.  6049,  as  amended  by  Laws,  1925,  p.  259. — The  commissioner 
[warehouse  commissioner]  shall  appoint  suitable  persons  to  act  as 
weighmasters  at  such  places  in  this  State  where  State  grain  in- 
spection and  weighing  may  be  established  in  conformity  with  the 
provisions  of  this  article;  said  weighmasters  shall  at  the  places 
aforesaid,  supervise  the  weighing  of  all  grain  which  may  be  sub- 
ject to  inspection  and  weighing,  and  at  all  warehouses  or  elevators 
where  there  are  no  such  scales  as  hopper  scales,  there  shall  be  pro- 
vided in  such  cases  by  the  warehouseman  or  elevatorman  or  rail- 
road company,  upon  the  order  of  the  commissioner,  track  or  other 
proper  scales  upon  which  the  gross,  tare  and  net  weight  of  each 
car,  wagon  or  other  package  shall  be  taken,  but  at  all  warehouses 
or  elevators  having  hopper  scales  the  net  weight  of  grain  contained 
in  each  car,  wagon  or  other  package  shall  be  taken  on  such  scales 
and  certificate  pf  weight  of  such  weighmasters  in  the  discharge 
of  their  aforesaid  duties  shall  be  prima  facie  the  basis  of  settle- 
ment between  the  buyer  and  seller.  And  such  State  weighmaster 
shall  have  the  entire  control  of  such  scales :  Provided,  That  in  addi- 
tion to  the  weighing  of  grain,  subject  to  inspection,  said  weigh- 
masters are  authorized  to  supervise  the  weighing,  and  that  weight 
certificates  be  issued  on  coal,  bran,  shorts,  hay,  seeds  and  any  other 
commodity  of  a  similar  nature  upon  which  official  State  weights 
are  requested. 

Sec.  6050  (1913).  Fees. — The  commissioner  shall  fix  the  fees  to  be 
paid  for  the  weighing  of  grain,  which  fees  shall  be  paid  by  the  ware- 
houseman or  elevatorman,  but  on  grain  not  going  into  such  warehouse 
or  elevator  the  fee  shall  be  paid  by  the  consignee,  and  may  be 


444  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

added  to  the  charges  for  storing,  transferring,  handling,  mixing 
or  commission,  and  the  said  commissioner  shall  adopt  such  rules  and 
regulations  for  the  weighing  of  grain  as  he  shall  deem  proper. 

Sec.  6051.  Scales  to  be  furnished;  by  whom;  where  located. — It  shall 
be  the  duty  of  the  person  or  persons  doing  a  public  warehouse  or 
public  elevator  business  under  this  article  to  provide  and  maintain 
suitable  scales  upon  which  all  grain  tendered  to  him  or  them  for 
storage,  transferring,  handling  or  mixing  shall  be  weighed  under 
the  supervision  of  a  State  weighmaster,  as  provided  for  in  this 
article.  Said  scales  shall  be  located  at  the  most  convenient  point 
upon  the  track  of  some  railroad  running  into  or  adjoining  such 
warehouse  or  elevator.  It  shall  further  be  the  duty  of  the  person 
or  persons  doing  a  public  warehouse  or  public  elevator  business 
under  this  article,  at  some  convenient  time,  at  least  once  a  year  or 
when  the  commissioner  orders  it,  after  giving  fifteen  days'  notice, 
and  under  the  supervision  of  an  authorized  State  weighmaster  and 
inspector  of  the  State  grain  inspection  department,  to  weigh  and 
inspect  all  grain  at  such  time  or  times  then  in  such  warehouse  or 
elevator,  and  to  report  to  the  warehouse  registrar  the  result  of  such 
weighing  and  the  actual  amount  of  each  kind  and  grade  in  such 
warehouse  or  elevator.  During  such  time  as  such  weighing  is  going 
on,  the  receiving  and  shipping  or  gran  into  and  from  such  ware- 
house or  elevator  shall  be  discontinued  until  such  general  weighing 
has  been  completed. 

Sec.  6052.  Railroads  to  furnish  scales  to  weigh  grain  handled  by 
them;  wagon  scales;  location  of  scales. — At  all  terminal  or  other 
points  within  this  State  wherever  State  grain  inspection  may  be 
established,  it  shall  be  the  duty  of  all  railroads  to  provide,  on  the 
order  of  the  commissioner,  suitable  wagon  scales  in  their  unloading 
yards,  upon  which  all  grain  handled  by  them  subject  to  inspection 
and  weighing  may  be  weighed  as  required  by  this  article.  Said 
scales  shall  be  located  at  places  to  be  designated  by  the  commis- 
sioner and  it  shall  be  the  duty  of  said  commissioner  to  see  that  the 
provisions  of  this  article  are  strictly  enforced. 

Sec.  6053.  Weight  certificates,  by  whom  issued ;  penalties. — It  shall  be 
unlawful  for  any  person,  corporation  or  association  other  than  a 
duly  authorized  and  bonded  State  weigher  to  issue  any  weight 
certificate  or  to  issue  or  sign  any  paper  or  ticket  purporting  to  be 
the  weight  of  any  car,  wagon,  sack  or  other  package  of  grain 
weighed  at  any  warehouse  or  elevator  in  this  State  where  duly  ap- 
pointed and  qualified -State  weighers  are  stationed  and  in  control 
of  the  scales  under  the  provisions  of  this  article,  or  to  make  any 
charge  for  such  weighing,  or  purported  weighing,  or. weight  certi- 
ficates, or  tickets  or  purported  weight  certificates  or  tickets.  And 
any  person,  corporation  or  officer,  agent  or  servant  of  such  corpora- 
tion who  shall  do  any  of  the  acts  declared  by  this  section  to  be  un- 
lawful, shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  less  than  five  hundred  dollars,  nor  more 
than  one  thousand  dollars,  or  shall  be  imprisoned  in  the  county 
jail,  or  if  in  the  city  of  St.  Louis,  the  jail  of  said  city,  not  less  than 
six  months  nor  more  than  twelve  months,  or  by  both  such  fine  and 
imprisonment.  And  any  weighmaster  who  shall  knowingly  falsely 
weigh  any  grain  or  shall  knowingly  give  any  false  or  untrue  cer- 


Missouri  445 

tificates  as  to  the  weight  of  grain,  or  who  shall  knowingly  violate 
any  of  the  provisions  of  this  article,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  less  than  five  hun- 
dred dollars  nor  more  than  one  thousand  dollars,  or  shall  be  im- 
prisoned in  the  county  jail,  or  if  in  the  city  of  St.  Louis,  in  the  jail 
of  said  city,  not  less  than  six  months  nor  more  than  twelve  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  6054.  Weighmasters'  bond  and  compensation. — The  weigh- 
masters  provided  for  in  this  article  shall  each  give  a  bond  in  the 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  their  duties  and  shall  receive  such  compensation  as  the  commis- 
sioner shall  determine. 

Sec.  6064,  as  reinacted  by  Laws,  1925,  p.  260.  Barrel  for  oils  and  motor 
fuels. — The  fee  for  the  inspection  of  oils  and  motor  fuels  under  this 
article  (except  only  the  special  fee  for  testing  "  distillate,"  "  gas 
oils  "  and  "  fuel  oil  ")  shall  be  as  follows:  For  each  barrel,  tank  or 
container  of  fifty  gallons  or  less,  twenty-five  cents;  *  *  *.  For 
the  purpose  of  this  act,  fifty  gallons  shall  constitute  a  barrel. 

Sec.  6069,  as  reinacted  by  Laws,  1925,  p.  260.  Measuring  devices  to  be 
tested. — It  is  also  made  the  duty  of  said  inspector  [State  inspector], 
in  addition  to  his  other  duties,  in  person  or  by  deputy  or  special 
agent,  and  at  least  once  in  every  six  months,  to  carefully  test  and 
inspect  the  measuring  devices  or  other  instrumentalities  used  by  any 
person,  firm  or  corporation  selling  gasoline  and  motor  vehicle  fuels 
at  retail,  in  this  State,  in  quantities  aggregating  more  than  two 
hundred  gallons  monthly,  in  measuring  such  gasoline  and  motor 
vehicle  fuels  so  sold  and  when  he  finds  that  such  measuring  device 
or  instrumentality  does  not  correctly  and  accurately  register  and 
measure  the  amount  and  quantity  sold,  shall  require  the  correction, 
removal  or  discontinuance  of  the  same. 

Rev.  Stats.,  1919,  Vol.  3,  ch.  95,  Art.  2,  p.  3223. 

Sec.  10448  (1913).  Common  carrier  to  furnish  facilities  for  testing 
track  scales. — It  shall  be  the  duty  of  all  railroad  corporations  and 
common  carriers  operating  in  this  State,  to  provide  suitable  facilities 
for  the  testing  of  all  track  scales  used  by  such  railroad  corporations 
and  common  carriers.  The  commission  is  hereby  authorized,  after  a 
hearing  upon  its  own  motion  and  after  notice  to  the  railroads  operat- 
ing in  this  State,  to  order  a  suitable  car  or  other  device  or  facility  to  be 
provided  by  the  railroad  corporations  and  common  carriers  operating 
in  this  State,  to  be  used  in  testing  the  track  scales  used  by  such  rail- 
roads, the  expenses  of  providing  such  car  device  or  facility  to  be 
equitably  and  reasonably  apportioned  among  the  different  railroad 
companies  by  the  commission.  Such  car,  device  or  facility  shall  be 
used  by  the  commission  to  test  the  accuracy  of  all  track  scales,  and 
the  different  railroad  corporations  shall  transport  and  move  such 
car,  device  or  facility,  without  charge  therefor,  to  the  different  places 
designated  by  the  commission  under  such  reasonable  rules  and  regu- 
lations as  the  commission  may  prescribe.  Such  car,  device  or  facility 
may  be  used  in  adjoining  States  to  test  the  scales  of  the  railroad  cor- 
porations and  for  that  purpose  may  be  taken  beyond  the  limits  of 
this  State  under  such  reasonable  rules  and  regulations  for  the  due 
care  and  return  thereof  as  the  commission  may  prescribe.    The  com- 


446  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

mission  is  hereby  authorized  to  prescribe  and  collect  a  reasonable  fee 
sufficient  to  cover  the  cost  and  expenses  connected  therewith  for  the 
inspection  and  testing  of  all  scales. 

Rev.  Stats.,  1919,  Vol.  3,  ch.  109,  p.  3762. 

Sec.  11977  (1919).  Milk  or  cream  testing;  how  regulated. — It  shall  be 
the  duty  of  the  State  dairy  commissioner  to  license  the  use  or  opera- 
tion of  milk  or  cream  testing  apparatus,  to  determine  the  percentage 
of  butter  fat  in  milk  or  cream.  And  it  shall  be  unlawful  for  any 
person  to  operate,  or  use  any  milk  or  cream  testing  apparatus  for 
himself,  or  as  the  agent  of  any  person,  firm,  association  or  corpora- 
tion, to  determine  the  percentage  of  butter  fat  in  milk  or  cream  for 
the  purpose  of  fixing  the  value  of  such  milk  or  cream  for  the  pur- 
pose of  purchasing  the  same,  either  for  himself,  or  any  other  person, 
firm,  association  or  corporation,  or  who  shall  take  samples  for  that 
purpose,  of  milk,  or  cream  without  first  securing  a  license  from  the 
State  dairy  commissioner,  as  in  this  act  provided,  authorizing  the 
use  and  operation  of  such  milk  or  cream  testing  apparatus,  such 
license  to  run  from  the  first  day  of  August  to  the  thirty-first  day 
of  July:  Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  impose  a  license  tax  upon  any  person  using  a  Babcock 
tester  in  testing  milk  taken  from  his  own  cows  for  the  purpose  of 
determining  the  milk  producing  value  of  such  cows.  All  applications 
for  the  license  in  this  section  required,  shall  be  made  to  the  State  dairy 
commissioner  on  a  blank  form  provided  by  him.  Every  such  appli- 
cation shall  be  accompanied  by  an  annual  license  fee  of  two  dollars. 
A  license  issued  under  the  provisions  of  this  section  shall  also 
authorize  the  licensee  to  buy  milk,  cream  and  other  dairy  products 
mentioned  in  section  11976  of  this  article  without  additional  license 
therefor,  but  not  [no]  person  shall  operate  more  than  one  station 
under  the  same  license. 

Sec.  11983.  State  standards. — -Pipettes  shall,  for  milk,  have  a  capacity 
of  seventeen  and  six-tenths  centimeters;  and  the  State  standard  test 
tube  or  bottles  for  milk  shall  have  a  capacity  of  two  centimeters  of 
mercury  at  a  temperature  of  sixty  degrees  Fahrenheit  between 
"  zero  "  and  ten  on  the  graduated  scale  marked  on  the  necks  thereof ; 
for  cream,  eighteen  drams  shall  be  used,  and  the  standard  test  tube 
of  bottles  for  cream  shall  have  a  capacity  of  six  centimeters  of  mer- 
cury at  a  temperature  of  sixty  degrees  Fahrenheit  between  "  zero  " 
and  thirty  on  the  graduated  scale  marked  on  the  necks  thereof ;  and 
it  is  hereby  made  a  misdemeanor  to  use  any  other  measure,  pipette, 
test  tube  or  bottle  to  determine  the  per  cent  of  butter  [fat]  where  milk 
or  cream  is  purchased  by,  or  furnished  to,  any  creamery  or  cheese 
factory  where  the  value  of  said  milk  is  determined  by  the  per  cent 
of  butter  fat  contained  in  the  same.  And  it  shall  be  unlawful  for 
any  manufacturer,  merchant,  dealer  or  agent  in  this  State  who  shall 
offer  for  sale,  or  sell  a  milk  or  cream  pipette,  or  measure  or  test 
tube,  or  bottle  which  is  not  correctly  marked  or  graduated  as  herein 
provided  for,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  punished  as  provided  by  law. 

Sec.  11984.  Misdemeanor  to  manipulate  test  or  falsify  record  thereof. — 
It  shall  be  unlawful  for  any  manager,  owner,  agent  or  any  employee 
of  a  creamery  or  cheese  or  butter  factory  to  manipulate  or  under- 


Missouri  447 

read  or  overread  the  Babcock  test,  or  any  other  contrivance  used  for 
determining  the  quality  or  value  of  milk  or  cream,  or  to  run  any 
such  machine  at  a  speed  of  less  than  six  hundred  revolutions  per 
minute  for  a  period  of  less  than  eight  consecutive  minutes,  or  to 
falsify  the  record  thereof,  or  to  pay  for  such  milk  on  the  basis  of 
any  measurement  except  the  true  measurement  as  thereby  determined. 
Whoever  shall  be  guilty  of  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  punished  as  provided  by  law. 

Sec.  12152  (1917).  Tags  and  labels;  to  show  contents. — Every  lot  or 
parcel  of  commercial  feeding  stuffs  sold,  offered  or  exposed  for  sale 
or  distributed  within  this  State  shall  have  affixed  thereto  a  tag  or 
label,  in  a  conspicuous  place  on  the  outside  thereof,  containing  a  legi- 
ble and  plainly  printed  statement  in  the  English  language,  clearly 
and  truly  certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 

lb)  The  name,  brand  or  trade  mark ; 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market ;     *     *     * 

Rev.  Stats.,  1919,  Vol.  3,  ch.  95,  Art.  4,  p.  3252. 

Sec.  10480  (1913).  Inspection  of  gas,  water  and  electric  meters;  gas 
and  water  meters  to  be  inspected  before  installation;  inspectors  of  elec- 
tric meters;  type  of  electric  meter  to  be  approved;  testing  and  proving 
meters;  inspecting  and  testing  a  meter  upon  request;  rules  and  regula- 
tions.— 1.  The  commission  [public  service  commission]  shall  appoint 
inspectors  of  gas  and  water  meters,  whose  duty  it  shall  be  when 
required  by  the  commission  to  inspect,  examine,  prove  and  ascer- 
tain the  accuracy  of  any  and  all  gas  and  water  meters  used  or 
intended  to  be  used  for  measuring  or  ascertaining  the  quantity  of 
gas  for  light,  heat  or  power,  or  the  quantity  of  water,  furnished  by 
any  person,  corporation  or  municipality  to  or  for  the  use  of  any 
person  or  persons,  and  when  found  to  be  or  made  to  be  correct,  the 
inspector  shall  seal  all  such  meters  and  each  of  them  with  some 
suitable  device,  which  device  shall  be  recorded  in  the  office  of  the 
secretary  of  state. 

2.  No  corporation,  person  or  municipality  shall  furnish,  set  or 
put  in  use  any  gas  or  water  meter  which  shall  not  have  been  in- 
spected, proved  and  sealed  by  an  inspector  of  the  commission. 

3.  The  commission  shall  appoint  inspectors  of  electric  meters, 
whose  duties  it  shall  be,  when  required  by  the  commission,  to  inspect, 
examine  and  ascertain  the  accuracy  of  any  and  all  electric  meters 
used  or  intended  to  be  used  for  measuring  and  ascertaining  the 
quantity  of  electric  current  used  for  light,  heat  or  power  by  any 
person,  corporation  or  municipality  to  or  for  the  use  of  any  person 
or  corporation,  and  to  inspect,  examine  and  ascertain  the  accuracy 
of  all  apparatus  for  testing  and  proving  the  accuracy  of  electric 
meters,  and  when  found  to  be  or  made  to  be  correct  the  inspector 
shall  stamp  or  mark  all  such  meters  and  apparatus  with  some  suit- 
able device,  which  device  shall  be  recorded  in  the  office  of  the  sec- 
retary of  state.  No  corporation,  person  or  municipality  shall 
furnish,  set  or  put  in  use  any  electric  meter  the  type  of  which  shall 
not  have  been  approved  by  the  commission. 

517—26 29 


448  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

4.  Every  gas  corporation,  electrical  corporation,  water  corpora- 
tion and  municipality  shall  provide,  repair  and  maintain  such  suit- 
able premises  and  apparatus  and  facilities  as  may  be  required  and 
approved  by  the  commission  for  testing  and  proving  the  accuracy  of 
gas,  water  and  electric  meters  furnished  for  use  by  it,  and  by  which 
apparatus  every  meter  may  be  tested. 

5.  If  any  consumer  to  whom  a  meter  has  been  furnished  shall 
request  the  commission  in  writing  to  inspect  such  meter,  the  com- 
mission shall  have  the  same  inspected  and  tested;  if  the  same  upon 
being  so  tested  shall  be  found  to  be  more  than  four  per  centum 
if  an  electric  meter,  more  than  two  per  centum  if  a  gas  meter  or 
more  than  five  per  centum  if  a  Avater  meter,  defective  or  incorrect 
to  the  prejudice  of  the  consumer,  the  expense  of  such  inspection  and 
test  shall  be  borne  by  the  corporation  or  municipality,  if  the  same 
on  being  so  tested  shall  be  found  to  be  correct  within  the  limits  of 
error  prescribed  by  the  provisions  of  this  subsection,  the  expense 
of  such  inspection  and  test  shall  be  borne  by  the  consumer. 

6.  The -commission  may  prescribe  such  rules  and  regulations  to 
carry  into  effect  the  provisions  of  this  section  as  it  may  deem  neces- 
sary, and  shall  fix  uniform  reasonable  charges  for  the  inspection  and 
testing  of  meters  upon  complaint. 

Rev.  Stats.,  1919,  Vol.  2,  eh.  68,  p.  2308. 

Sec.  7429  (al919).  Bates  of  toll. — The  owner  or  occupier  of  every 
public  mill  or  mills  doing  an  exchange  business  shall  be  entitled 
to  toll  all  grain  ground  thereat  according  to  the  following  rates: 
First,  if  a  water  mill,  one-eighth,  and  if  a  mill  propelled  by  power 
other  than  water,  one-sixth,  and  no  more :  Provided,  hoioever,  That 
such  mills  must  actually  grind  or  exchange  all  grain  taken  to  their 
mills,  and  take  therefrom  the  toll  by  weight,  as  above  provided, 
and  no  more,  as  full  payment  for  such  grinding,  when  requested 
to  do  so. 

Sec.  7433°.  Mills  shall  keep  measures. — The  owner  or  occupier  of  a 
public  mill  *  *  *  shall  always  keep  at  such  mill  a  half  bushel 
and  a  peck  measure,  tried  and  sealed  by  the  clerk  of  the  county 
court,  and  proper  toll  dishes  for  such  measures. 

Rev.  Stats.,  1919,  Vol.  2,  eh,  69,  p.  2309. 

Sec.  7458°.  Screening  coal  before  weighing,  prohibited. — It  shall  be 
unlawful  for  any  mine  owner,  lessee  or  operator  of  coal  mines  in 
this  State,  employing  miners  at  bushel  or  ton  rates,  or  other  quan- 
tity, to  pass  the  output  of  coal  mined  by  said  miners  over  any 
screen  or  any  other  device  which  shall  take  any  part  from  the  value 
thereof  before  the  same  shall  have  been  weighed  and  duly  credited 
to  the  employe  sending  the  same  to  the  surface,  and  accounted 
for  at  the  legal  rate  of  Aveights  as  fixed  by  the  laws  of  Missouri; 
and  no  employe  within  the  meaning  of  this  section  shall  be  deemed 
to  have  waived  any  right  accruing  to  him  under  this  section  by  any 
contract  he  may  make  contrary  to  the  provisions  thereof.  And  any 
provision,  contract  or  agreement  betAveen  mine  OAvners  or  oper- 
ators thereof,  and  the  miners  employed  therein,  whereby  the  pro- 
visions of  this  section  are  waived,  modified  or  annulled,  shall  be 
void  and  of  no  effect,  and  the  coal  sent  to  the  surface  shall  be  ac- 
cepted or  rejected;  and  if  accepted,  shall  be  weighed  in  accordance 


Missouri  449 

with  the  provisions  of  this  article,  and  right  of  action  shall  not 
be  invalidated  by  reason  of  any  contract  or  agreement;  and  any 
owner,  agent  or  operator  of  any  coal  mine  in  this  State  who  shall 
knowingly  violate  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  two  hundred  dollars  nor  more 
than  five  hundred  dollars  for  each  offense,  or  by  imprisonment  in 
the  county  jail  for  a  period  of  not  less  than  sixty  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment;  proceed- 
ings to  be  instituted  in  any  court  having  competent  jurisdiction. 

Sec.  7459.  Weighman  and  check  weighman  shall  take  oath,  etc.; 
penalty. — The  weighman  employed  at  any  mine  shall  subscribe  an 
oath  or  affirmation  before  a  justice  of  the  peace,  or  other  officer 
authorized  to  administer  oaths,  to  do  justice  between  employer  and 
employe,  and  to  truly  and  correctly  weigh  the  output  of  coal  from 
the  mines  as  herein  provided.  The  miners  employed  by  or  engaged 
in  working  for  any  mine  owner,  operator  or  lessee  of  any  mine  in 
this  State  shall  have  the  privilege,  if  they  desire,  of  employing 
at  their  own  expense  a  check  weighman,  who  shall  have  like  equal 
rights,  powers  and  privileges  in  the  weighing  of  coal  as  the  regular 
weighman,  and  be  subject  to  the  same  oath  and  penalties  as  the 
regular  weighman.  Said  oath  or  affirmation  shall  be  kept  con- 
spicuously posted  in  the  weigh  office,  and  any  weigher  of  coal 
or  person  so  employed,  who  shall  knowingly  violate  any  of  the 
provisions  of  this  article,  or  any  owner,  operator  or  agent  of  any 
coal  mine  in  this  State  who  shall  forbid  or  hinder  miners  employing 
or  using  a  check  weighman  as  herein  provided,  or  who  shall  prevent 
or  willfully  obstruct  any  such  check  weighman  in  the  discharge 
of  his  duty,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars  for  each  offense,  or  by 
imprisonment  in  the  county  jail  for  a  period  not  less  than  thirty  days 
nor  more  than  ninety  days,  or  by  both  such  fine  and  imprisonment 
proceedings  to  be  instituted  in  any  court  having  competent  juris- 
diction. Whenever  the  coal  mine  inspector  shall  be  satisfied  that 
the  provisions  of  this  section  have  been  willfully  violated,  it  shall 
be  his  duty  to  forthwith  inform  the  prosecuting  attorney  of  any 
such  violation,  together  with  all  the  facts  in  his  knowledge,  and  the 
prosecuting  attorney  shall  thereupon  investigate  the  charge  so  pre- 
ferred, and  if  he  be  satisfied  that  the  provisions  of  this  section  have 
been  so  violated,  it  shall  be  his  duty  to  prosecute  the  person  or 
persons  guilty  thereof. 

Sec.  7460.  Penalty  for  using  false  scales.— Every  owner,  agent  or 
operator  of  any  coal  mine  in  the  State,  employing  miners  at  bushel 
or  ton  rates,  shall  provide  at  such  mine  or  mines  accurate  and  suitable 
scales  of  standard  manufacture  upon  which  shall  be  weighed  all  coal 
coming  out  of  such  mine  or  mines;  said  scale  or  scales  to  be  located 
at  a  reasonable  distance  from  the  point  where  the  coal  is  delivered 
to  the  surface  opening  of  the  mine  or  mines,  and  in  no  case  shall  said 
scale  or  scales  be  located  at  a  greater  distance  from  said  surface 
opening  of  the  mine  or  mines  than  one  hundred  feet.  Any  owner, 
agent,  operator,  person,  or  persons  having  or  using  any  scales  or 
scale  for  the  purpose  of  weighing  the  product  of  the  miners'  labor, 


450  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

and  so  arranges  or  constructs  said  scale  or  scales,  or  by  any  con- 
trivance therewith  connected  causes  the  fraudulent  weighing  of  such 
coal  or  said  product,  or  who  shall  knowingly  resort  to,  permit  or  em- 
ploy any  person  or  means  whatsoever,  by  reason  of  which  said  prod- 
uct of  the  mine  is  not  correctly  weighed  and  reported  in  accordance 
with  the  true  weight  and  the  provisions  of  this  article,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  for  each 
and  every  offense,  be  punished  by  a  fine  of  not  less  than  two  hundred 
dollars,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  to  exceed  ninety  days,  or  by  both 
such  fine  and  imprisonment ;  proceedings  to  be  instituted  in  any  court 
of  competent  jurisdiction. 

Sec.  7461.  Shall  apply  to  loaders  in  certain  mines. — The  manner  of 
weighing,  as  hereinbefore  provided  for,  shall  apply  to  the  class  of 
workers  in  mines  known  as  loaders,  engaged  in  mines  wherein  the 
mining  is  done  by  machinery,  whenever  the  workmen  are  under  con- 
tract to  load  coal  by  the  bushel,  ton,  or  any  quantity  the  settlement 
of  which  is  had  by  weight. 

Sec.  7462.  Inspector  to  test  scales. — The  coal  mine  inspector  of  this 
State  shall  be  ex  officio  inspector  of  weights,  measures  and  scales 
used  at  coal  mines,  and  he  is  herebj^  empowered  and  it  shall  be  his 
duty  to  test  the  scales  used  to  weigh  coal  mined  in  the  mines  of  this 
State  at  least  every  six  months,  to  ascertain  whether  or  not  such 
scales  correctly  measure  the  weight  of  such  coal,  and  if  defects  or 
irregularities  are  found  in  such  scales  which  prevent  correct  weights 
and  measurements  the  inspector  shall  call  the  attention  of  the  mine 
owner,  agent  or  operator  to  said  defects  and  direct  that  the  same  be 
at  once  properly  adjusted  and  corrected.  If  the  owner,  agent  or 
operator  of  anjr  coal  mine  in  this  State  shall  refuse  to  allow  such  in- 
spector to  properly  test  the  scales  used  at  such  mine  or  mines,  or  shall 
fail  or  refuse  to  put  such  scales  in  proper  adjustment  and  condition, 
so  that  the  same  shall  correctly  weigh  the  coal  mined  after  being 
notified  by  said  inspector  so  to  do,  such  owner,  agent  or  operator 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  exceeding  five  hundred  dollars,  or  be 
confined  in  the  county  jail  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court,  and  it  shall  be  the  duty  of  the  prosecuting 
attorneys  in  the  respective  counties  to  prosecute  any  person,  firm  or 
corporation  violating  the  provisions  of  this  section  the  same  as  in 
other  misdemeanor  cases. 


MONTANA 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  7,  p.  256. 

Sec.  112°.  State  sealer  of  weights  and  measures. — The  secretary  of 
state  is  ex  officio  State  sealer  of  weights  and  measures,  and  his  duties 
as  such  officer  are  defined  by  sections  4235  to  4264  of  this  code. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  275,  p.  1528. 

Sec.  4235  (1913).  State  sealer,  who  is;  deputy  sealers,  who  are. — The 
secretary  of  state  is  hereby  declared  to  be  and  is  the  ex  officio  State 
sealer  of  weights  and  measures.  The  sealers  of  weights  and  meas- 
ures of  each  municipal  corporation  are  hereby  declared  to  be  deputy 
sealers  of  weights  and  measures  of  their  respective  municipal  cor- 
porations. All  deputy  sealers  of  weights  and  measures  shall  receive 
no  compensation  other  than  such  as  may  be  provided  by  law,  and 
shall  be  paid  by  the  municipal  corporation  of  which  they  are  such 
officers. 

Sec.  4236  (al917).  Authority  and  duties  of  State  sealer  of  weights  and 
measures;  supervision  of  weights  and  measures;  standards  to  be  kept, 
where ;  correction  of  standards  of  counties,  cities  and  towns ;  county  audi- 
tors and  clerks  designated  as  inspectors. —  (1)  The  State  sealer  of 
weights  and  measures  shall  have  full  authority  and  supervision  over 
the  inspectors  of  weights  and  measures,  hereinafter  provided  for, 
and  all  deputy  sealers  of  weights  and  measures  appointed  as  such 
by  any  municipal  corporation  within  the  State.  Said  State  sealer 
of  weights  and  measures  shall  have  general  supervision  over  the 
weights  and  measures  of  the  State.  He  shall  take  charge  of  the 
standards  of  weights  and  measures  and  shall  procure  at  the  expense 
of  the  State  any  weights  and  measures  that  may  be  necessary,  and 
shall  cause  them  to  be  kept  and  in  no  case  removed  from  a  fire-proof 
vault  in  his  office,  except  for  the  purpose  of  certification  or  repairs. 
He  shall  maintain  said  standards  in  good  order  and  submit  them 
once  in  ten  years  to  the  National  Bureau  of  Standards  for  certifica- 
tion. He  shall  correct  the  standards  of  the  several  counties,  cities, 
and  towns  as  often  as  he  may  deem  necessary,  and  at  least  as  often 
as  once  in  five  years,  and  where  not  otherwise  provided  by  law  he 
shall  have  general  supervision  of  the  weights  and  measures,  or 
weighing  and  measuring  devices  of  the  State  in  use  in  the  State. 

(2)  The  county  auditors,  in  counties  of  the  first,  second,  third, 
fourth,  and  fifth  class,  and  county  clerks,  in  counties  of  the  sixth, 
seventh,  and  eighth  class,  are  hereby  declared  to  be  inspectors  of 
weights  and  measures  in  their  respective  counties. 

Sec.  4237.  Secretary  of  state  ex  officio  State  sealer  of  weights  and 
measures. — The  secretary  of  state,  as  ex  officio  State  sealer  of  weights 
and  measures,  shall  be  authorized  to  do  and  perform  any  and  all 
acts  by  this  act  authorized.  All  bills  and  accounts  or  expense 
incurred   by   the   State  sealer   of   weights   and   measures   shall   be 

451 


452  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

presented  to  and  allowed  by  the  State  board  of  examiners,  in  the 
same  manner  as  provided  for  other  claims  contracted  for  and  in 
behalf  of  the  State  of  Montana. 

Sec.  4238  (1913).  Duties  of  sealer  of  weights  and  measures  as  to  in- 
spection; annual  test  of  apparatus  in  State  institutions. — Said  State 
sealer  of  weights  and  measures,  or  his  inspectors,  shall  visit  the 
various  counties,  cities,  and  towns  in  the  State,  and  in  the  per- 
formance of  his  duties,  he,  or  his  inspectors,  may  inspect  weights 
and  measures  and  balances  which  are  used  for  buying  or  selling 
goods,  wares,  merchandise,  or  other  commodities,  and  for  public 
weighing,  and  shall,  upon  a  written  request  of  any  citizen,  first 
[firm]  or  corporation,  or  educational  institution  of  the  State,  test  or 
calibrate  weights  and  measures,  weighing  devices,  or  apparatus 
used  as  test  standards  in  the  State.  He  or  his  inspectors  shall  at 
least  once  annually  test  all  scales,  weights  and  measures  used  in 
checking  the  receipts  or  disbursements  of  supplies  of  every  State 
institution,  and  he  shall  report  in  writing  his  findings  to  the  execu- 
tive officer  of  the  institution  concerned. 

Sec.  4239.  Inspection  and  certificates. — The  State  sealer  of  weights 
and  measures,  or  the  State  deputy  sealer  of  weights  and  measures, 
or  inspectors  of  weights  and  measures,  may,  in  the  discharge  of  their 
duties,  inspect  weights  and  measures.  It  is  hereby  made  the  duty 
of  the  State  sealer  of  weights  and  measures,  or  his  inspectors,  or 
the  State  deputy  sealer  of  weights  and  measures,  to  at  least  once 
each  year,  inspect  all  weights  and  measures,  balances,  measuring 
or  weighing  devices  of  different  kinds  throughout  the  State  of 
Montana.  The  State  sealer  of  weights  and  measures  shall  prepare 
a  certificate  of  suitable  size  to  be  attached  or  affixed  to  all  weights 
or  measures  or  measuring  devices  so  tested.  Said  certificate  shall 
bear  a  fac  simile  signature  of  the  State  sealer  of  weights  and 
measures  and  shall  be  countersigned  by  the  inspectors  of  weights 
and  measures,  or  the  State  deputy  sealer  of  weights  and  measures, 
or  such  inspectors  of  weights  and  measures  as  may  be  designated 
by  any  municipal  corporation.  The  certificate  as  prepared  by  the 
State  sealer  of  weights  and  measures  shall  be  numbered  inconsecu- 
tive order,  and  shall  have  printed  or  stamped  upon  such  certificate 
the  year,  and  shall  be  furnished  to  the  inspector  of  weights  and 
measures  and  to  the  sealer  of  weights  and  measures  of  any  munici- 
pal corporation  of  the  State,  upon  application  therefor.  The  in- 
spector of  weights  and  measures  of  any  municipal  corporation  shall 
pay  to  the  State  sealer  of  weights  and  measures  for  all  such  cer- 
tificates so  issued  to  him  the  sum  equal  to  the  actual  cost  of  the 
number  of  certificates  so  received. 

Sec.  4240.  Apparatus  must  be  tested  before  use;  penalty  for  violation. — 
From  and  after  the  passage  and  approval  of  this  act  it  shall  be 
unlawful  for  any  person  or  persons,  firm,  or  co-partnership,  cor- 
poration, or  association  of  persons  engaged  in  the  trade  of  buying 
or  selling,  purchasing  or  disposing  of,  or  dealing  in  any  merchan- 
dise or  commodities  to  any  person  or  persons  in  the  State  of  Mon- 
tana, to  sell  or  purchase  by  weight  or  by  measure,  without  first 
having  had  the  weights  and  measures,  scales,  or  measuring  de- 
vices used  by  them  for  the  purpose  of  determining  the  amount 
or  quantity  of  any  article  or  articles  of  merchandise,  tested  and 


MONTANA  453 

a  certification  attached  thereto  by  the  State  sealer  of  weights  and 
measures,  or  by  inspectors  of  weights  and  measures,  or  by  sealers 
of  weights  and  measures  appointed  by  any  municipal  corporation  in 
the  State  of  Montana.  Such  certificate  shall  be  attached  or  placed 
in  a  conspicuous  place  upon  such  weighing  or  measuring  device. 
Any  person  or  persons  using  any  weight  or  measure,  or  scale  or 
other  measuring  device  after  the  passage  and  approval  of  this  act, 
or  annually  thereafter,  which  has  not  been  tested  as  provided  by  this 
act,  shall,  upon  conviction  thereof,  be  deemed  guilty  of  a  misde- 
meanor and  fined  in  the  sum  of  not  less  than  twenty-five  dollars  nor 
more  than  three  hundred  dollars.  Any  person  or  persons  who  shall 
be  deemed  guilty  of  a  second  offense,  as  provided  in  this  act,  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  and  each  and  every  successive  day  any 
person  or  persons  shall  so  use  any  weights  and  measures,  scales,  or 
other  measuring  devices  shall  be  and  is  hereby  declared  to  be  a  sepa- 
rate and  distinct  offense. 

Sec.  4241.  Owners  of  apparatus  mast  nave  same  tested  and  sealed. — 
Every  person  or  persons,  firm,  copartnership,  or  corporation  en- 
gaged in  the  trade  of  buying  and  selling,  or  as  a  public  weigher  or 
user  of  weights  and  measures,  shall,  between  the  first  day  of  Jan- 
uary and  the  first  day  of  March  of  each  year,  have  his  weights, 
measures,  balances,  and  scales  adjusted  and  sealed,  and  it  is  hereby 
made  the  duty  of  the  inspector  of  weights  and  measures  of  the 
various  districts  of  the  State  to  examine  and  adjust  all  measures, 
balances,  and  scales  used  by  persons  within  district  engaged  in 
buying,  selling,  or  as  public  weighers  or  users  of  weights  and 
measures. 

Sec.  4242.  Sealers  to  make  inspection,  when;  hay,  wagon  and  railroad 
track  scales  to  be  tested. — After  the  first  day  of  March  of  each  year, 
the  sealer  of  weights  and  measures,  or  his  inspectors,  or  the  deputy 
sealer  of  weights  and  measures,  shall  visit  the  places  of  business 
and  enter  upon  the  carts,  wagons  or  vehicles  then  in  use  for  the 
business  of  all  persons  engaged  in  the  trade  of  buying  and  selling, 
or  selling  who  have  weights,  measures,  or  balances  which  have  not 
been  sealed  during  the  current  year,  and  try,  adjust,  and  seal  the 
same.  He  shall  at  least  once  every  six  months  try,  adjust,  and  seal 
every  hay  scale,  wagon  scale,  railroad  track  scale,  or  platform  scale 
or  balances  used  in  the  trade  of  buying  and  selling  or  selling  or  for 
public  weighing. 

Sec.  4243.  Inspection  and  test  of  apparatus;  annual  test  of  computing- 
scales. — The  State  sealer  of  weights  and  measures,  the  deputy  State 
sealer,  or  his  inspectors  of  weights  and  measures,  or  municipal  sealer 
of  weights  and  measures,  shall  have  power  to  inspect,  test,  try  and 
ascertain  if  they  are  correct,  all  weights,  scales,  beams,  measures  of 
any  kind,  instrument  or  mechanical  devices  for  measurement,  and 
the  tools,  appliances,  or  accessories  connected  with  any  or  all  of  such 
instruments  or  measurements,  used  or  employed  within  the  State  by 
a  proprietor,  agent,  lessee,  or  employe  in  determining  the  size,  quan- 
tity, extent,  area,  or  measurement  of  quantities,  things,  produce,  arti- 
cles for  distribution  or  consumption,  offered  or  submitted  by  such 
person  or  persons  for  sale,  hire,  or  award :  Provided,  also,  That  the 
State  sealer  of  weights  and  measures,  or  his  deputy,  or  his  inspectors, 


454  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

or  any  municipal  sealer  of  weights  and  measures,  shall,  at  least  once 
a  year  and  as  often  as  may  be  deemed  necessary,  try  and  prove  all 
computing  scales  and  other  devices  having  a  device  for  indicating 
or  registering  the  price  as  well  as  the  weight  of  the  commodity 
offered  for  sale.  Computing  devices,  which  may  be  used  by  any  per- 
son at  any  place  within  this  State  shall  be  tested  as  to  the  correctness 
of  both  weight  and  arithmetical  values  indicated  by  them. 

Sec.  4244.  Commodities,  test  of  at  irregular  intervals;  police  powers 
of  sealers;  prosecution  of  offenders. — The  sealer  of  weights  and  meas- 
ures, his  deputy,  or  his  inspectors,  or  municipal  sealer  of  weights 
and  measures,  may,  at  irregular  intervals,  examine  all  commodities 
sold  and  offered  for  sale  and  test  them  for  correct  weight,  measure, 
or  count.  He,  his  deputy,  or  his  inspectors,  or  municipal  sealers  may, 
for  the  purposes  above  mentioned,  and  in  the  general  performance 
of  their  official  duties,  enter  or  go  into  or  upon,  with  or  without 
formal  warrant,  any  stand,  place,  building,  or  premises,  or  may  stop 
any  vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any 
dealer  whatsoever,  for  the  purpose  of  making  the  proper  tests;  and 
in  the  exercise  of  such  duties  they  shall  have  full  police  power  to 
enforce  any  and  all  reasonable  measures  for  testing  such  weights  and 
measures,  and  also  in  ascertaining  whether  false  or  short  weights  and 
measures  are  being  given  in  any  scales  [sales]  or  transfer  of  articles 
of  merchandise  taking  place  within  the  State.  Whenever  the  State 
sealer  of  weights  and  measures,  or  his  inspectors  or  deputies,  have 
reason  to  believe  that  any  person  or  persons  or  corporation  is  violat- 
ing the  provisions  of  this  act,  or  any  act  relating  to  weights  and 
measures,  they  shall  submit  the  evidence  to  the  properly  constituted 
authority  in  the  county  in  which  such  violation  occurs,  who  shall 
thereupon  prosecute  the  persons  alleged  to  have  violated  the  provi- 
sions of  this  act,  or  any  act  relating  to  weights  and  measures,  or  such 
evidence  may  be  submitted  direct  to  the  attorney  general  of  the 
State,  who  shall  have  authority  to  prosecute  such  persons  in  the 
proper  county. 

Sec.  4245.  Control  of  track  scales;  condemnation  of  track  scales; 
authority  of  official  to  condemn;  fraud  in  sales. —  (a)  All  track  scales 
used  by  common  carriers  for  the  purpose  of  weighing  freight  in 
carload  lots  within  this  State  shall  be  under  the  control  and  direc- 
tion and  jurisdiction  of  the  State  sealer  of  weights  and  measures, 
and  subject  to  inspection  by  him,  his  inspectors,  or  deputy  sealers 
of  weights  and  measures. 

(&)  The  State  sealer  of  weights  and  measures,  his  inspectors,  or 
his  deputy  sealers  of  weights  and  measures,  shall  have  power  either 
on  their  own  motion  or  on  complaint  being  made,  to  determine 
whether  any  such  track  scales  are  defective  or  inefficient,  or  whether 
the  time,  manner,  or  method  of  using  same  is  unreasonable,  in- 
effective or  unjust,  and  shall  have  power  to  condemn  any  such  scale 
found  to  be  defective  or  inefficient,  and  prohibit  the  use  of  the  same 
while  in  that  condition,  and  to  render  such  decision  and  to  make 
such  order,  rule,  or  regulation  as  may  be  deemed  necessary  or  ad- 
visable. 

(<?)  Any  person  or  persons  who  shall  knowingly  and  willfully 
sell,  or  direct  or  permit  any  person  or  persons  in  his  or  their  employ 
to  sell  any  commodity  or  article  of  merchandise,  and  make  or  give 


MONTANA  455 

any  false  or  short  weight  or  measure,  or  any  person  or  persons  own- 
ing or  keeping,  or  having  charge  of  any  scales  or  steel-yards  for 
the  purpose  of  weighing  livestock,  hay,  grain,  coal,  or  other  articles, 
who  shall  knowingly  and  willfully  report  any  false  or  untrue  weight, 
Whereby  any  other  person  or  persons  may  be  defrauded  or  injured, 
shall  be  fined  in  any  sum  not  exceeding  five  hundred  dollars,  or  be 
imprisoned  in  the  jail  of  the  county  not  exceeding  thirty  days,  at 
the  discretion  of  the  court,  and  also  be  answerable  to  the  party  de- 
frauded or  injured  in  double  damages. 

Sec.  4246.  Weight  or  measure  of  commodities  sold  to  be  marked  on  con- 
tainers; proviso;  commodities  to  be  sold  by  net  weight,  measure  or  nu- 
merical count;  unlawful  to  give  false  or  short  weight  or  measure;  viola- 
tion; prima  facie  evidence;  permissible  variations. — From  and  after 
January  1,  1914,  it  shall  be  unlawful  for  any  person  or  persons, 
association,  or  corporation,  to  sell  or  offer  for  sale  in  this  State,  any 
commodity  or  article  of  merchandise  in  a  package  or  container, 
without  having  such  package  or  container  labeled  in  plain,  in- 
telligible words  and  figures,  with  a  correct  statement  of  the  net 
weight,  measure,  or  numerical  count  of  its  contents :  Provided,  That 
nothing  in  this  section  shall  prevent  the  putting  up  of  commodities 
or  articles  of  merchandise  which  have  been  previously  sold  by  net 
weight,  measure,  or  numerical  count,  into  packages  or  containers  for 
the  purpose  of  delivering  or  transporting  such  commodities  or  ar- 
ticles of  merchandise :  Provided,  further,  That  nothing  in  this  sectiou 
shall  apply  to  commodities  or  articles  of  merchandise,  except  milk 
and  cream,  offered  for  sale  or  sold  in  packages  or  containers  at  a 
price  of  ten  cents  or  less  per  such  package. 

1.  It  shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale 
in  this  State  any  commodity  or  article  of  merchandise,  except  by 
true  net  weight,  measure,  or  numerical  count,  except  where  the 
parties  otherwise  agree.  Contracts  for  work  done,  or  for  anything 
to  be  sold  by  weight  or  measure,  shall  be  construed  according  to  the 
standards  hereby  adopted  as  the  standards  of  this  State,  except 
where  the  parties  have  agreed  upon  any  other  calculations  of 
measurement,  and  all  statements  and  representations  of  any  kind 
referring  to  the  weight  or  measure  of  commodities  or  articles  of 
merchandise  shall  be  understood  in  the  terms  of  the  standards  of 
weights  and  measures  aforesaid. 

2.  It  shall  be  unlawful  for  any  person,  in  buying  or  selling  any 
commodity  or  article  of  merchandise,  to  make  or  give  false  or 
short  weight  or  measure,  or  to  sell  or  offer  for  sale  any  commodity 
or  article  of  merchandise  less  in  weight  or  measure  than  he  repre- 
sents, or  to  use  a  weight,  measure,  balance,  or  measuring  device 
that  is  false  and  does  not  conform  to  the  authorized  standard  for 
determining  the  quantity  of  any  commodity  or  article  of  merchan- 
dise, or  to  have  a  weight,  measure,  balance,  or  measuring  device 
adjusted  for  the  purpose  of  giving  false  or  short  weight  or  measure, 
or  to  use  in  buying  or  selling  of  any  commodity  or  article  of  mer- 
chandise a  computing  scale  or  device  indicating  the  weight  and 
price  of  such  commodity  or  article  of  merchandise,  upon  which 
scale  or  device  the  graduations  or  indications  are  falsely  or  in- 
accurately placed  either  as  to  weight  or  price,  or  to  use  any  com- 
puting scale  having  a  horizontal  registering  bar  with  a  barrel  com- 


456  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

puting  device,  unless  such  scale  is  adjusted  to  register  the  correct 
weight  from  all  angles  of  vision. 

3.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  a  court  having  jurisdiction  of  the  offense  shall  be  fined 
in  a  sum  not  to  exceed  two  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  not  more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment,  and  any  weight,  measure,  balance,  or  meas- 
uring device  which  shall  have  been  used  by  him  in  such  violation 
shall  be  ordered  confiscated  and  destroyed.  He  shall  also  be  liable 
in  damages  to  the  party  injured  by  his  violation  in  treble  the 
amount  of  the  property  wrongfully  taken  or  not  given,  and  twenty 
dollars  in  addition  thereto,  to  be  recovered  in  a  court  of  competent 
jurisdiction.  The  selling  and  delivery  of  any  commodity  or  article 
of  merchandise  shall  be  prima  facie  evidence  of  the  representation 
on  the  part  of  the  vender  that  the  quantity  sold  and  delivered  was 
ihe  quantity  bought  by  the  vendee.  There  shall  be  taken  into  con- 
sideration the  usual  and  ordinary  leakage,  evaporation,  or  waste 
that  there  may  be  from  the  time  a  package  or  container  is  filled 
by  a  vender  until  he  sells  the  same.  A  slight  variation  from  the 
stated  weight,  measure,  or  quantity  for  individual  packages  not  to 
exceed  three  per  cent  is  permissible;  provided,  that  the  variation 
is  as  often  above  as  below  the  weight,  measure  or  quantity  stated. 

Sec.  4247.  Record  and  report  of  work  done  by  sealers  and  inspectors. — 
The  State  sealer  of  weights  and  measures  shall  keep  a  complete 
record  of  all  work  done  under  his  direction,  and  shall  make  an  annual 
report  not  later  than  the  first  day  of  January  of  each  year,  pre- 
ceding the  meeting  of  the  legislative  assembly.  The  inspectors  of 
weights  and  measures,  and  all  municipal  sealers  of  weights  and  meas- 
ures, shall  keep  a  complete  record  of  all  work  done  by  them  under 
and  by  direction  of  the  State  sealer  of  weights  and  measures,  and 
shall  report  to  the  State  sealer  of  weights  and  measures,  not  later 
than  the  fifth  of  each  month,  all  work  done  by  them  for  the  preceding 
month.  The  State  sealer  of  weights  and  measures  shall  provide  a 
system  of  records,  to  be  kept  by  all  inspectors  of  weights  and  meas- 
ures and  municipal  sealers  of  weights  and  measures,  together  with 
blank  reports,  upon  which  all  reports  of  said  inspectors  and  sealers 
of  weights  and  measures  are  to  be  made.  The  form  of  record  pro- 
vided by  the  State  sealer  of  weights  and  measures  for  all  inspectors 
and  municipal  sealers  of  weights  and  measures  shall  be  the  form 
to  be  observed  and  kept  by  them,  and  after  the  said  State  sealer  of 
weights  and  measures  shall  have  prescribed  the  form  of  said  records, 
said  records  so  kept  by  any  municipal  sealer  shall  be  filed  in  the 
office  of  the  city  clerk  of  the  municipal  corporation  and  become  a 
record  of  said  State. 

Sec.  4248.  Stamping  weight  or  measure  without  verifying  it. — Any 
person  authorized  to  seal  weights  and  measures  in  accordance  with 
this  act  who  shall,  without  duly  verifying  the  weights  and  measures 
of  any  person  by  comparison  with  the  standard  of  weights  and  meas- 
ures, stamp  a  weight  or  measure,  or  attach  thereto  a  certificate  that 
said  weight  or  measure  has  been  duly  tested,  is  hereby  declared, 
upon  conviction  thereof,  to  be  guilty  of  a  misdemeanor,  and  shall 
be  subject  to  a  penalty  of  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  three  hundred  dollars. 


MONTANA  457 

Sec.  4249.  Weights  and  measures  to  be  marked  on  top;  apothecaries' 
weights  and  measures.- — Every  weight  for  use  in  trade,  except  when 
the  small  size  of  the  weight  renders  it  impracticable,  shall  have  the 
denomination  of  such  weight  permanently  marked  on  the  top  side 
thereof  in  legible  figures  or  letters;  and  every  measure  of  capactiy 
for  use  in  trade  shall  have  the  denomination  and  kind  thereof  per- 
manent^ marked  on  the  outside  of  such  measures  in  legible  figures 
or  letters.  A  weight  or  measure  not  in  conformity  with  this  section 
shall  not  be  stamped  by  the  State  sealer  of  weights  and  measures,  or 
inspector  of  weights  and  measures,  or  deputy  sealers  of  weights  and 
measures. 

(a)  Apothecaries  and  all  other  persons  dealing  in  drugs,  medi- 
cine, and  merchandise  commonly  sold  by  apothecaries'  weight  or  by 
apothecaries'  liquid  measure  shall  at  least  once  in  two  years  cause 
such  weights  and  measures  so  used  to  be  tested  and  sealed  by  officers 
authorized  under  this  act  to  inspect  weights  and  measures. 

Sec.  4250.  Procedure  where  weight  or  measure  can  not  be  adjusted 
readily. — If  any  weights,  measures,  or  balances  can  be  readily  ad- 
justed by  such  means  as  the  inspector  or  sealer  of  weights  and  meas- 
ures may  have  at  hand,  he  may  adjust  and  seal  them,  but  if  they  can 
not  be  readily,  adjusted  he  shall  affix  to  such  weights,  measures,  or 
balances,  a  notice  forbidding  their  use  until  he  is  satisfied  they  have 
been  so  adjusted  as  to  conform  with  the  standard.  Any  person  or 
persons  who  remove  said  notice,  without  the  consent  of  the  officer 
affixing  the  same,  shall  upon  conviction,  be  fined  in  a  sum  not  to  ex- 
ceed fifty  dollars. 

Sec.  4251.  Condemnation  of  weights  or  measures. — All  weights,  meas- 
ures, and  balances,  which  can  not  be  made  to  conform  to  the  stand- 
ard weights  and  measures  as  herein  provided,  shall  have  stamped 
"  Condemned  "  or  "  C.  D."  by  the  sealer  of  weights  and  measures. 

Sec.  4252.  Seizure  of  illegal  weights  and  measures. — The  State  sealer 
of  weights  and  measures,  or  inspector  of  weights  and  measures,  or 
deputy  sealer  of  weights  and  measures,  may  seize,  without  a  warrant, 
such  weights,  measures,  or  balance  as  may  be  necessary  to  be  used 
as  evidence  in  case  of  violation  of  any  act  relative  to  the  sealing  of 
weights  and  measures.  They  shall  be  returned  to  the  owners  or  for- 
feited as  the  court  may  direct. 

Sec.  4253.  Itinerant  peddlers. — All  itinerant  peddlers  and  hawkers, 
using  scales,  balances,  weights,  or  measures,  shall  take  the  same  to  the 
office  of  the  State  sealer  of  weights  and  measures,  or  inspector  of 
weights  and  measures  or  deputy  sealer  of  weights  and  measures,  be- 
fore any  use  is  made  thereof,  and  have  the  same  sealed  and  adjusted 
annually;  and  any  such  person  failing  to  comply  with  the  provisions 
of  this  section  shall  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  each  offense,  and  every  day  such  person 
shall  use  such  scales,  balances,  weights,  or  measures,  without  having 
the  same  adjusted  and  sealed  as  hereinbefore  provided  for,  shall  con- 
stitute a  separate  and  distinct  offense.  Any  itinerant  peddler  or 
hawker  found  using  any  false  scale  shall  be  subject  to  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  offense. 

Sec.  4254.  Sale  of  milk  and  cream. — All  milk,  cream,  and  skimmed 
shall  prior  to  being  used  in  such  scale  [sale],  be  sealed  by  the 
milk  shall  be  sold  only  by  standard  wine  measure,  and  by  or  in 
measures,  cans,  jars,  bottles,  or  other  vessels  or  receptacles,  which 
shall  prior  to  being  used  in  such  scale   [sale],  be  sealed  by  the 


458  LAWS  CONCERNING  "WEIGHTS  AND   MEASURES 

sealer  of  weights  and  measures  of  the  town  where  the  person  so 
using  the  same  shall  usually  reside  in  this  State,  or  of  the  town 
where  such  milk  shall  be  sold  for  use;  and  every  person  selling 
any  of  the  same  contrary  to  this  section,  or  delivering  any  of  the 
same  sold  contrary  hereto,  shall  be  fined  for  the  first  offense  not 
less  than  fifty  dollars  and  not  exceeding  one  hundred  dollars  and 
for  the  subsequent  offense  not  less  than  one  hundred  dollars  or 
imprisonment  not  to  exceed  ninety  days,  or  both  such  fine  and 
imprisonment.  Any  purchaser  of  milk,  cream,  or  skimmed  milk, 
having  reason  to  believe  that  any  measure,  can,  jar,  bottle,  or  other 
vessel  or  receptacle,  in  which  milk,  cream,  or  skimmed  milk  is 
sold  and  delivered  to  him,  is  not  of  sufficient  size  or  capacity  to 
contain,  by  standard  wine  measure,  the  amount  thereof  purchased, 
may  apply  to  the  sealer  of  weights  and  measures,  which  sealer 
shall  test  the  capacity  of  the  same  and  issue  to  such  purchaser  his 
certificate  stating  the  capacity  thereof;  and  if  such  capacity,  ac- 
cording to  such  certificate,  shall  be  less  than  the  amount  purchased, 
such  purchaser  may  make  complaint  and  deliver  such  certificate 
to  any  officer  authorized  to  make  complaint  for  the  violation  of 
this  act. 

Sec.  4255.  Capacity  of  milk  receptacles  and  marking  thereof. — No 
person  or  corporation  shall,  after  the  passage  of  this  act,  sell  or 
offer  for  sale  within  the  State  of  Montana,  any  milk  or  cream  in 
bottles  or  in  glass  jars,  unless  each  of  said  bottles  or  glass  jars  in 
which  said  milk  or  cream  is  sold  or  offered  for  sale  shall  have  blown 
into  it,  or  otherwise  indelibly  and  permanently  indicated  thereon 
in  a  legible  and  conspicuous  manner,  the  capacity  thereof,  and  the 
State  sealer  of  weights  and  measures  or  inspector  of  weights 
and  measures,  or  deputy  sealer  of  weights  and  measures,  shall 
have  the  right,  at  any  time,  to  examine  any  bottle  or  glass 
jar  in  which  milk  or  cream  is  sold  or  offered  for  sale  in  the 
State  of  Montana,  or  which  is  used  by  any  person  or  corporation 
for  the  purpose  of  containing  milk  or  cream  to  be  sold  or  offered 
for  sale,  in  order  to  ascertain  whether  such  bottle  or  jar  is  of  a 
capacity  not  less  than  that  which  it  purports  to  be ;  and  if  any  such 
bottle  or  jar  is  of  less  capacity  than  that  which  it  purports  to  be,  or 
if  any  such  bottle  or  jar  shall  not  have  blown  into  it,  or  otherwise 
indelibly  and  permanently  indicated  thereon  in  a  legible  and  con- 
spicuous manner,  its  capacity  as  aforesaid,  the  person  or  corpora- 
tion selling  or  offering  for  sale  milk  or  cream  in  any  such  bottle  or 
jar,  or  having  in  his  possession  any  such  bottle  or  jar,  to  be  used  or 
which  has  been  used  for  the  purpose  of  containing  milk  or  cream  to 
be  sold  or  offered  for  sale  in  said  State  of  Montana  shall,  upon  con- 
viction, be  fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars  for  each  offense ;  and  each  and  every  bottle  or  glass  jar  found 
in  the  possession  of  any  person  or  corporation  used  or  to  be  used, 
or  which  has  been  used  by  such  person  or  corporation  for  the  pur- 
pose of  containing  milk  or  cream  to  be  sold  or  offered  for  sale  in 
the  State  of  Montana,  which  shall  be  found  to  be  of  a  less  capacity 
than  that  blown  into  the  same,  or  otherwise  so  indelibly  and  per- 
manently indicated  thereon,  or  which  shall  not  have  blown  into  it  or 
otherwise  indelibly  and  permanently  indicated  thereon  in  a  legible 
and  conspicuous  manner  the  capacity  as  aforesaid,  shall  constitute 
a  separate  and  distinct  offense  on  the  part  of  such  person  or  cor- 


MONTANA  459 

poration,  and  upon  conviction  such  person  or  corporation  shall  be 
fined  in  a  sum  not  less  than  ten  dollars  nor  more  than  three  hundred 
dollars. 

Sec.  4256.  Use  of  false  weights  or  measures;  penalty. — A  person  who 
uses,  or  has  in  his  possession  for  use  in  trade,  any  weight,  measure, 
scale,  balance,  steelyard,  or  weighting  machine,  which  is  false  or 
incorrect,  shall  be  fined  not  more  than  one  hundred  dollars,  or  in 
case  of  a  second  offense,  not  more  than  two  hundred  dollars,  and  any 
contract  for  gain,  deal,  or  dealing  made  by  the  same  shall  be  void 
and  the  weight,  scale,  measure,  balance,  or  steelyard  shall  be  liable 
to  be  forfeited. 

Sec.  4257.  What  constitutes  legal  weights  and  measures. — A  weight 
or  measure  duly  stamped  by  the  State  sealer  of  weights  and  measures, 
or  inspector  of  weights  and  measures,  or  deputy  sealer  of  weights 
and  measures,  or  by  the  National  Bureau  of  Standards,  shall  be  a 
legal  weight  or  measure  throughout  the  State,  unless  found  to  be 
false  or  incorrect,  and  shall  not  be  liable  to  be  resealed  because  used 
in  any  other  place  than  that  in  which  it  was  originally  stamped. 

Sec.  4258.  Fraud  in  sale  of  commodities. — Whoever  sells  or  offers  for 
sale  a  less  quantity  than  represented,  or  sells  in  a  manner  contrary 
to  law,  shall  be  guilty  of  fraud,  and,  shall  be  fined  not  more  than 
one  hundred  dollars,  or,  in  case  of  a  second  offense,  not  more  than 
two  hundred  dollars. 

Sec.  4259.  Tolerances  and  their  establishment. — The  State  sealer  of 
weights  and  measures  shall,  after  consultation  with,  and  with  the 
advice  of  the  National  Bureau  of  Standards,  establish  tolerances  for 
use  in  the  State  of  Montana,  and  said  tolerances  shall  be  the  legal 
tolerances  in  the  State  of  Montana. 

Sec.  4260.  Refusal  to  produce  weights  and  measures  for  inspection; 
penalty. — A  person  who  neglects  or  refuses  to  produce  for  the  State 
sealer  of  weights  and  measures,  or  inspectors  of  weights  and  meas- 
ures, or  deputy  sealer  of  weights  and  measures,  all  weights,  measures, 
or  balance  in  his  possession  and  used  in  trade,  or  on  his  premises, 
or  refuses  to  permit  the  said  officers  to  examine  the  same,  or  obstructs 
the  entry  of  said  officers,  or  otherwise  obstructs  or  hinders  any  official 
under  this  law,  or  violates  any  of  the  provisions  of  this  act,  shall  be 
fined  not  more  than  one  hundred  dollars,  and  in  case  of  a  second 
offense,  not  more  than  two  hundred  dollars. 

Sec.  4261.  Rules  and  regulations  for  inspectors  and  sealers.—  The 
State  sealer  of  weights  and  measures  is  hereby  authorized  to  make 
and  promulgate  such  rules  and  regulations  for  the  government, 
guidance,  and  direction  of  inspectors  of  weights  and  measures,  and 
deputy  city  sealers  of  weights  and  measures,  in  conformity  with 
this  act,  as  may  be  necessary  to  carry  out  the  provisions  of  this  act  in  a 
uniform  manner.  Such  rules  and  regulations,  when  promulgated 
by  the  State  sealer  of  weights  and  measures,  with  the  approval  of  the 
governor  of  the  State  of  Montana  endorsed  thereon,  shall  have  the 
same  force  and  effect  as  if  provided  for  in  this  act.  Such  rules  and 
regulations  shall  be  published  at  least  once  in  a  newspaper  of  general 
circulation  in  each  county  and  city  of  the  State  of  Montana. 

Sec.  4262.  Penalty  for  violation  of  law. — Any  person  or  persons 
violating  any  of  the  provisions  of  this  act  where  no  other  penalty 
is  provided  shall,  upon  conviction  thereof,  be  fined  in  a  sum  not  less 


460  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

than  twenty-five  dollars  nor  more  than  three  hundred  dollars  or  by 
imprisonment  in  the  county  jail  not  less  than  thirty  nor  more  than 
ninety  days. 

Sec.  4263.  Authority  of  sealers  or  inspectors  as  deputy  sheriffs. — The 
State  sealer  of  weights  and  measures,  inspectors  of  weights  and 
measures,  or  sealer  of  weights  and  measures  of  the  various  cities, 
towns,  and  counties  throughout  the  State,  shall  be,  by  virtue  of  their 
respective  offices,  deputy  sheriffs,  and  as  such  shall  have  power  to 
arrest  and  detain  any  person  violating  the  provisions  of  this  act, 
without  warrant. 

Sec.  4264.  Collection  and  distribution  of  fines  and  penalties. — All  fines 
collected  for  violation  of  the  provisions  of  this  act  shall  be  paid  to 
the  State  treasurer  for  support  and  maintenance  of  the  department 
of  weights  and  measures.  All  justices  of  the  peace  and  clerks  of 
district  courts  who  may  collect  any  fine  imposed  for  the  violation 
of  the  provisions  of  this  act  "must,  not  later  than  the  fifth  day  of 
each  month,  transmit  to  the  State  sealer  of  weights  and  measures  all 
moneys  so  collected,  and  the  State  sealer  of  weights  and  measures 
shall  pay  the  same  quarterly  to  the  State  treasurer,  taking  his  receipt 
therefor. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  275,  p.  1528. 

Sec.  4212°.  Standards. — The  weights  and  measures  accepted  and  used 
by  the  Government  of  the  United  States  at  the  present  time,  except 
as  hereinafter  provided,  are  the  lawful  standard  weights  and  meas- 
ures of  the  State. 

Sec.  4213.  Yard. — The  standard  yard  is  the  unit  or  standard  meas- 
ure of  length  and  surface  from  which  all  other  measures  of  exten- 
sion, whether  lineal,  superficial  or  solid,  are  derived  and  ascer- 
tained. 

Sec.  4214.  Subdivisions  of  yard. — The  yard  is  divided  into  three  equal 
parts,  called  feet,  and  each  foot  into  twelve  equal  parts  called  inches ; 
for  measures  of  cloths  and  other  commodities  commonly  sold  by  the 
yard,  it  may  be  divided  into  halves,  quarters,  eighths,  and  six- 
teenths. 

Sec.  4215.  Rod,  mile;  chain  and  link. — The  rod,  pole,  or  perch,  con- 
tains five  and  a  half  yards,  and  the  mile  one  thousand,  seven  hun- 
dred and  sixty  yards;  the  chain  for  measuring  land  is  twenty-two 
yards  long,  and  divided  into  one  hundred  equal  parts,  called  links. 

Sec.  4216.  Acre. — The  acre  for  land  measure  must  be  measured 
horizontally,  and  contains  ten  square  chains,  and  is  equivalent  in 
area  to  a  rectangle  sixteen  rods  in  length  and  ten  in  breadth;  six 
hundred  and  forty  acres  being  contained  in  a  square  mile. 

Sec.  4217.  Units  of  weight. — The  standard  avoirdupois  and  troy 
weights  are  the  units  or  standards  of  weight  from  which  all  other 
weights  are  derived  and  ascertained. 

Sec.  4218.  Division  of  pound;  hundredweight;  ton. — The  avoirdupois 
pound,  which  bears  to  the  troy  pound  the  ratio  of  seven  thousand 
to  five  thousand,  seven  hundred  and  sixty,  is  divided  into  sixteen 
equal  parts,  called  ounces;  the  hundredweight  consists  of  one 
hundred  avoirdupois  pounds,  and  twenty  hundredweight  consti- 
tute a  ton.  The  troy  ounce  is  equal  to  the  twelfth  part  of  the  troy 
pound. 


MONTANA 


461 


Sec.  4219.  Liquid  measures. — The  standard  gallon  and  its  parts  are 
the  units  or  standards  of  measure  of  capacity  for  liquids,  from 
which  all  other  measures  of  liquids  are  derived  and  ascertained. 

Sec.  4220.  Barrel  and  hogshead. — The  barrel  is  equal  to  thirty-one 
and  a  half  gallons,  and  two  barrels  constitute  a  hogshead. 

Sec.  4221.  Solid  measure. — The  standard  half  bushel  is  the  unit  or 
standard  measure  of  capacity  for  substances  other  than  liquids, 
from  which  all  other  measures  of  such  substances  are  derived  and 
ascertained. 

Sec.  4222.  Division  of  half  bushel. — The  peck,  half  peck,  quarter 
peck,  quart  and  pint  measures  for  measuring  commodities  other 
than  liquid  are  derived  from  the  half  bushel  by  successively  dividing 
that  measure  by  two. 

Sec.  4223.  Heaped  measure;  measures,  shape  and  dimensions. — The 
measures  of  capacity  for  charcoal,  ashes,  marl,  manure,  Indian 
corn  in  the  ear,  fruit,  and  roots  of  every  kind,  and  for  all  other 
commodities  commonly  sold  by  heap  measure,  are  the  half  bushel 
and  its  multiples  and  subdivisions;  and  the  measures  used  to  meas- 
ure such  commodities  must  be  made  cylindrical,  with  plane  and  even 
bottom,  and  must  be  of  the  following  diameters  from  outside  to 
outside:  The  bushel,  nineteen  and  a  half  inches;  half  bushel,  fifteen 
and  a  half  inches;  and  the  peck,  twelve  and  a  third  inches. 

Sec.  4224.  Manner  of  heaping  measure. — All  commodities  sold  by 
heap  measure  must  be  duly  heaped  up  in  the  form  of  a  cone;  the 
outside  of  the  measure,  by  which  the  same  are  measured,  to  be  the 
limit  of  the  case  [base]  of  the  cone,  and  said  cone  to  be  as  high 
as  the  article  will  admit. 

Sec.  4225.  Contracts. — Contracts  made  within  this  State  for  work 
to  be  done,  or  for  anything  to  be  sold  or  delivered  by  weight  or 
measure,  must  be  construed  according  to  the  foregoing  standards. 

Sec.  422S  (al921).  Standard  ton;  standard  bushel. — The  standard 
ton  consists  of  twenty  hundred  pounds,  but  a  ton  of  mineral  coal  is 
expressed  by  the  conventional  quantity  of  twenty-six  and  one-third 
bushels  of  seventy-six  pounds  each.  A  bushel  of  the  articles  herein- 
after named  consists  of  the  number  of  pounds  affixed  to  each,  to  wit : 


Apples  and  pears. 

Beans 

Bran 

Carrots 

Barley 

Beets 

Buckwheat 

Coal,  mineral 

Corn,  in  the  ear. . 

Cornmeal 

Lime,  unslacked-. 

Oats 

Parsnips 

Peas 

Salt 


Pound-; 
45 
60 
20 
50 
48 
50 
52 
76 
70 
50 
80 
32 
50 
60 
50 


Pounds 

Corn,  shelled 56 

Hay,  per  ton 2,000 


Malt. 

Oniony 

Potatoes 

Rye 

Seeds 

Blue-grass 

Timothy 

Hemp 

Turnips 

Clover 

Hungarian  grass. 

Flax 

Wheat 


0) 


30 
57 
60 
56 
) 

14 
45 
44 
50 
60 
50 
56 
60 


Sec.  4227.  Penalty  for  taking  more  than  prescribed  weights  or 
measures. — Any  person,  persons,  company,  or  corporation  who  shall 
demand,  exact,  or  take  more  than  the  prescribed  number  of  pounds 


1  No  weight  Is  shown  here  for  seeds ;  the  space  is  also  left  blank  In  the  session  laws. 


462  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

per  bushel  or  per  ton  as  fixed  by  the  provisions  of  the  preceding  sec- 
tion, shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  three  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court. 

Sec.  4228.  Measurement  of  hay  in  stack;  method  of  measuring  hay  in 
stack. — Hereafter  unless  otherwise  agreed  to  between  the  contracting 
parties,  the  following  shall  constitute  the  legal  measurement  for 
hay  in  stack  in  the  State  of  Montana:  Four  hundred  and  twenty- 
two  cubic  feet  shall  constitute  a  ton  of  clean,  native,  blue  joint 
hay,  after  thirty  days  and  up  to  three  months  settlement  in  stack; 
when  the  same  shall  have  been  in  the  stack  three  months  or  over, 
three  hundred  and  forty  cubic  feet  shall  be  considered  a  ton.  Five 
hundred  and  twelve  cubic  feet  shall  constitute  a  ton  of  alfalfa  or 
rough  slough  grass,  after  the  same  shall  have  been  in  the  stack  thirty 
days  or  more  and  up  to  one  year.  Four  hundred  and  fifty  cubic 
feet  shall  constitute  a  ton  of  clean  timothy  and  clover,  after  the  same 
shall  have  been  in  the  stack  thirty  days  or  more  and  up  to  one  year. 
As  to  all  other  kinds  of  hay,  five  hundred  and  twelve  cubic  feet  shall 
constitute  a  ton  after  the  same  shall  have  been  in  the  stack  sixty  days 
or  more  and  up  to  one  year.  For  making  measurements  of  hay  in 
stack,  the  following  is  hereby  made  the  legal  method  of  measurement, 
to  wit :  The  width  and  length  of  the  stack  shall  be  measured,  and  the 
distance  from  the  ground  against  one  side  of  the  stack  to  the  ground 
against  the  other  side  of  the  stack,  directly  over  and  opposite,  shall 
be  taken  in  linear  feet  and  inches,  and  then  the  width  shall  be  sub- 
tracted from  the  measurement  over  the  stack,  as  above  indicated, 
the  result  divided  by  two,  and  the  result  so  obtained  multiplied  by 
the  width,  and  the  result  thus  obtained  multiplied  by  the  length, 
which  will  give  the  number  of  cubic  feet  contained  in  the  stack,  and 
the  tonnage  shall  thereupon  be  determined  by  dividing  the  total  num- 
ber of  cubic  feet  by  the  number  of  cubic  feet  allowed  under  the  pro- 
visions of  this  act  for  a  ton. 

Sec.  4233°.  Weights  and  measures  inspected  by  county  sealer. — All 
vendors  and  traders  in  goods  and  merchandise,  gold  dust,  and  other 
articles  of  traffic,  must  have  their  balances,  weights,  and  measures 
compared  with  the  standard  of  their  respective  counties,  and  ap- 
proved and  marked  by  the  county  sealer,  and  if  the  same  are  found 
to  be  correct  to  be  sealed  with  the  name  or  initial  letters  of  the  county 
inscribed  thereon,  or  condemned  by  him  if  found  incorrect  and 
marked  "  condemned." 

Sec.  4234.  Penalties. — The  penalties  for  using,  marking,  or  stamp- 
ing false  weights  and  measures,  or  selling  therewith  is  [are]  provided 
for  in  sections  11428  to  11431  of  the  Penal  Code. 

Rev.  Codes,  1921,  Vol.  4,  Penal  Code,  Part  1,  ch.  37,  p.  154. 

Sec.  11240°.  False  weight;  penalty. — Every  person  who,  in  putting 
up  in  any  bag,  bale,  box,  barrel,  or  other  package,  any  hops,  cotton, 
wool,  grain,  hay,  or  other  goods  usually  sold  in  bags,  bales,  boxes, 
barrels,  or  packages,  by  weight,  puts  in  or  conceals  therein  any- 
thing whatever,  for  the  purpose  of  increasing  the  weight  of  such 
bag,  bale,  box,  barrel,  or  package,  with  intent  thereby  to  sell  the 


MONTANA  463 

goods  therein,  or  to  enable  another  to  sell  the  same,  for  an  increased 
weight,  is  punishable  by  fine  of  not  less  than  twenty-five  dollars  for 
each  offense. 

Rev.  Codes,  1921,  Vol.  4,  Penal  Code,  Part  1,  ch.  47,  p.  204. 

Sec.  11428°.  False  weight  and  measure  defined. — A  false  weight  or 
measure  is  one  which  does  not  conform  to  the  standard  established 
by  the  laws  of  the  United  States  of  America. 

Sec.  11429.  Using  false  weights  or  measures. — Every  person  who 
uses  any  weight  or  measure,  knowing  it  to  be  false,  by  which  another 
is  defrauded  or  otherwise  injured,  is  guilty  of  a  misdemeanor. 

Sec.  11430.  False  marking. — Every  person  who  knowingly  marks 
or  stamps  false  or  short  weight  or  measure,  or  false  tare,  on  any  cask 
or  package,  or  knowingly  sells  or  offers  for  sale,  any  cask  or  package 
so  marked,  is  guilty  of  a  misdemeanor. 

Sec.  11431.  Ton,  pound. — In  all  sales  of  coal,  hay  and  other  com- 
modities, usually  sold  by  the  ton  or  fractional  part  thereof,  the  seller 
must  give  to  the  purchaser  full  weight,  at  the  rate  of  two  thou- 
sand pounds  to  the  ton ;  and  in  all  sales  of  articles  which  are  sold  in 
commerce  by  avoirdupois  weight,  the  seller  must  give  to  the  pur- 
chaser full  weight,  at  the  rate  of  sixteen  ounces  to  the  pound ;  and  any 
person  violating  this  section  is  guilty  of  a  misdemeanor. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  182,  p.  932. 

Sec.  2336  (1921).  Full  weight. — In  all  sales  of  coal  the  person  selling 
the  same  must  give  to  the  purchaser  full  weight  at  the  rate  of  two 
thousand  pounds  to  the  ton. 

Sec.  2342.  Misdemeanor. — Any  violation  of  any  of  the  provisions 
of  this  act  shall  be  deemed  a  misdemeanor,  and  shall  be  punishable 
by  a  fine  of  not  more  than  one  thousand  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  4,  ch.  44,  p.  1856. 

Sec.  5039  (al897).  Powers  of  city  or  town  councils. — The  city  or 
town  council  has  power : 

23.  To  regulate  the  inspection,  weighing,  and  measuring  of  wood, 
coal,  stone,  corn,  or  other  grain,  and  hay,  within  the  city  or  town. 

56.  To  establish  standard  weights  and  measures  to  be  used  in  the 
city  or  town,  and  to  provide  for  a  sealer  of  standard  weights  and 
measures,  who  has  exclusive  jurisdiction  within  the  city  or  town. 

57.  To  provide  for  the  inspection  and  measuring  of  lumber  and 
other  building  materials. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  199,  p.  1008. 

Sec.  2582  (1911).  Weights  and  measures;  size  of  gallon  and  pound. — 
In  case  of  food  sold  by  weight  or  measure,  all  measures  shall  be  in 
gallons  or  fractions  thereof,  a  gallon  to  contain  two  hundred  and 
thirty-one  cubic  inches,  and  each  fraction  of  a  gallon  to  contain 
its  corresponding  fraction  of  two  hundred  and  thirty-one  cubic 
inches.  Where  weights  or  measures  are  stated  in  pounds  and 
ounces,  they  shall  be  exclusive  of  the  wrapper  or  other  container,  and 
each  pound  shall  contain  sixteen  ounces,  each  ounce  containing  four 

517—26 30 


464  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

hundred  and  thirty-seven  and  one-half  grains.  Any  person,  persons, 
firm,  or  corporation  selling  or  offering  for  sale  any  article  of  food 
as  a  pound,  or  any  multiple  thereof,  except  by  actual  weight,  the 
net  weight  of  which  is  less  than  sixteen  ounces,  or  the  proper  mul- 
tiple thereof  to  represent  the  number  of  pounds  sold  or  offered  for 
sale,  and  any  person,  persons,  firm,  or  corporation  selling  or  offer- 
ing for  sale  any  quantity  of  food  as  a  gallon,  or  any  fraction  thereof, 
which  does  not  contain  two  hundred  and  thirty-one  cubic  inches  net 
measure,  or  the  fraction  thereof  represented  by  the  fraction  of  a 
gallon  offered  for  sale  or  sold,  shall  be  guilty  of  a  misdemeanor. 

Sec.  2587.  Contents  to  be  marked  on  packages,  when.—*  *  * 
That  for  the  purpose  of  this  act,  an  article  shall  be  deemed  to  be 
misbranded;     *     *     * 

In  the  case  of  foods :     *     *     * 

Third.  If  in  the  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  plainly  and  correctly  stated  on 
the  outside  of  the  package. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  276,  p.  1545. 

Sec.  4265  (1913).  Standard  size  apple  box  established. — There  is 
hereby  created  and  established  a  standard  size  for  apple  boxes 
for  the  State  of  Montana.  The  standard  size  of  an  apple  box 
shall  be  of  the  following  dimensions,  when  measured  without  dis- 
tention of  its  parts:  Depth  of  end,  ten  and  one-half  inches;  width 
of  end,  eleven  and  one-half  inches;  length  of  box,  eighteen  inches 
inside  measurements;  and  representing  as  nearly  as  possible  two 
thousand  one  hundred  seventy-three  and  one-half  cubic  inches. 

Sec.  4266.  Boxes  shall  be  plainly  marked  "  Short  box "  or  by  what 
figures. — Any  box  in  which  apples  shall  be  packed  and  offered  for 
sale  that  contains  less  than  the  required  number  of  cubical  inches, 
as  prescribed  in  the  preceding  section  shall  be  plainly  marked  on 
one  side  and  one  end  with  the  words  "  Short  box,"  or  with  the 
words  or  figures  showing  the  practical  relation  which  the  actual 
capacity  of  the  box  bears  to  the  capacity  prescribed  by  the  preceding 
section.  The  marking  required  by  this  paragraph  shall  be  in  black 
letters  of  the  size  of  not  less  than  seventy-two  point  black  [block] 
Gothic. 

Sec.  4267.  The  approximate  number  of  apples,  name  of  grower  or 
packer,  place  of  growth,  variety  of  apples  and  grade  to  be  plainly 
marked  on  box. — The  box  when  packed  and  offered  for  sale  shall  bear 
upon  it  or  upon  the  label,  and  in  plain  figures,  the  approximate  num- 
ber of  apples  in  the  box,  which  shall  be  within  five  apples  of  the  true 
count  of  the  number  of  the  style  of  pack  used  in  the  box;  also  in 
plain  letters  the  name  of  the  firm,  company,  or  organization  who 
shall  have  first  packed,  or  authorized  the  packing  of  the  same. 
Also  the  name  of  the  locality  where  the  apples  were  grown ;  also 
the  correct  name  of  the  variety  of  apples  contained  in  the  box; 
also  the  grade  adopted  by  the  grower,  firm,  company,  or  organi- 
zation that  authorized  the  packing  of  the  fruit. 

Sec.  4269.  Boxes  may  be  marked  "  Standard." — The  boxes  in  which 
the  apples  are  packed  in  accordance  with  the  provisions  of  this 
act  may  be  marked  "  Standard." 

Sec.  4272,  as  amended  by  Laws,  1925,  ch.  81,  p.  108.  Penalty  for 
violation. — No  person,  firm,  company,  or  organization  shall  sell  or 


MONTANA  465 

offer  for  sale,  or  shipment  within  or  without  the  State  of  Montana, 
apples  branded  or  packed  in  boxes  in  violation  of  the  provisions  of 
this  act.  Any  person,  firm,  company  or  organization  who  shall 
knowingly  sell  or  offer  for  sale,  or  shipment  within  or  without 
the  State  of  Montana,  apples  branded  or  packed  in  boxes  in  viola- 
tion of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be  subject  to  a  fine  of  not  less  than 
ten  dollars  or  more  than  fifty  dollars. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  277,  p.  1547. 

Sec.  4273  (1919).  Weights  for  sale  of  bread  prescribed. — From  and 
after  the  passage  of  this  act  it  shall  be  unlawful  for  any  person  or 
persons,  association,  copartnership  or  corporation  to  manufacture 
for  retail  or  wholesale  trade,  or  to  sell  bread  unless  the  same  shall  be 
of  the  following  weights,  which  shall  be  net  weights  eight  hours  after 
baking :  One  pound,  one  and  one-half  pounds,  two  pounds,  three 
pounds,  four  pounds,  five  pounds,  six  pounds,  or  other  multiple 
pound  weights;  variation  at  the  rate  of  one  ounce  per  pound  over 
and  one  ounce  per  pound  under  the  above  specified  unit  weights  are 
to  be  permitted  in  individual  loaves,  but  the  average  weight  of  not 
less  than  twenty-five  loaves  of  any  one  unit  of  any  one  kind  shall  be 
not  less  than  the  weight  prescribed  for  such  unit,  and  if  twin  or 
multiple  loaves  are  wrapped  at  the  place  where  baked  or  sold  to 
the  consumer  wrapped  and  undivided,  the  loaf  must  conform  to  the 
above  weight  requirements,  and  if  the  twin  or  multiple  loaf  is  un- 
wrapped or  divided  before  being  sold  to  the  consumer,  each  unit 
of  the  loaf  must  conform  to  the  above  weight  requirements :  Pro- 
vided, That  this  act  shall  not  apply  to  persons,  firms  or  corpora- 
tions who  do  not  hold  themselves  out  to  the  public,  and  engaging  in 
a  general  and  established  business  of  manufacturing  or  selling  bread 
and  bread  products. 

Sec.  4274.  Definition  of  twin  or  multiple  loaf. — In  construing  provi- 
sions of  the  preceding  section  the  following  definitions  shall  be  had : 
A  twin  or  multiple  loaf  is  one  that  is  made  of  two  or  more  por- 
tions of  dough  baked  in  one  pan;  single  units  weighing  less  than 
one  pound  must  not  be  baked;  a  manufacturer  or  seller  of  loaves 
of  the  weights  prescribed  may  cut  and  sell  a  portion  of  a  loaf  to  a 
consumer;  bread  may  be  sold  at  any  time  after  baking,  and  it  shall 
not  be  required  that  bread  shall  remain  unwrapped  for  any  specified 
length  of  time  after  baking. 

Sec.  4275.  Return  or  repurchase  of  bread  prohibited. — It  shall  be 
unlawful  for  any  person  or  persons,  association,  copartnership,  or 
corporation  engaged  in  the  manufacture  for  sale,  or  the  sale  of  bread, 
to  directly  or  indirectly  accept  return  of  bread  theretofore  sold,  nor 
repurchase  the  same,  nor  allow  credit  to  anyone  for  the  same ;  nor 
shall  any  bread  previously  sold  be  exchanged  for  other  bread. 

Sec.  4276.  Penalty  for  violation  of  act. — Any  such  manufacturer  or 
seller  violating  any  of  the  provisions  herein  contained  shall  be  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  and  every  offense,  and  each  separate  sale  or  viola- 
tion of  any  of  the  provisions  of  this  act  shall  constitute  a  separate 
offense. 


466  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  4,  ch.  11,  p.  1674. 

Sec.  4471  (1905).  County  commissioners  may  establish  public  scales. — 
The  board  of  county  commissioners  of  any  county  is  hereby  author- 
ized, in  its  discretion,  when  petitioned  by  twenty-five  or  more  resi- 
dents and  freeholders  of  the  county,  to  establish  and  locate  public 
scales  at  any  suitable  location  selected  by  the  county  commissioners 
within  the  county. 

Sec.  4472.  Capacity  of  scales.— Such  scales  shall  be  purchased  by 
the  county,  and  be  not  less  than  five  tons  weighing  capacity,  and 
shall  be  provided  with  glass  or  open  front  which  can  be  observed 
by  the  one  weighing  without  dismounting  from  wagon,  and  shall 
be  the  property  of  the  county,  and  at  all  times  be  under  its  control 
and  subject  to  the  will  of  the  county  commissioners. 

Sec.  4473.  The  board  of  county  commissioners  to  appoint  public 
weigher. — The  board  of  county  commissioners  shall  appoint  at  each 
place  where  public  scales  are  established  by  them,  a  public  weigher, 
who  shall  have  the  custody  and  care  of  such  property,  and  who  shall 
give  a  bond  to  the  county  in  the  sum  of  five  hundred  dollars,  condi- 
tioned for  the  safe-keeping  of  the  same,  and  for  the  faithful  and  im- 
partial discharge  of  the  duties  incident  to  his  trust  in  office. 

Sec.  4474.  Duty  of  public  weigher. — It  shall  be  the  duty  of  each 
public  weigher  to  keep  a  stub  record  of  all  weighing  done  by  him, 
which  record  and  the  receipt  issued  such  public  weigher  shall  show 
for  whom  property  was  weighed  and  the  character  and  kind  thereof, 
and  shall  constitute  prima  faeie  evidence  of  the  facts  therein  con- 
tained ;  and  all  such  stub  records,  or  other  records  which  the  county 
commissioners  may  require  him  to  keep,  shall  at  all  times  be  open  to 
public  inspection  during  business  hours,  between  7  a.  m.  and  6  p.  m. 
of  any  day,  save  and  except  Sundays  and  legal  holidays,  and  such 
public  weigher  shall  file  a  sworn  statement  with  the  county  recorder 
of  the  county,  as  prescribed  by  the  county  commissioners  thereof, 
which  statement  shall  show  the  date  and  character  or  kind  of  prop- 
erty weighed,  for  whom  weighed,  and  a  complete  statement  of  all 
fees  collected. 

Sec.  4475.  Rules  and  regulations. — Such  public  weigher  shall  receive 
not  to  exceed  ten  cents  for  each  receipt  issued  by  him,  and  shall  be 
governed  by  such  rules  and  regulations  as  may  be  from  time  to  time 
prescribed  or  adopted  by  the  board  of  county  commissioners,  and  he 
may  be  removed  at  any  time  by  such  board. 

Sec.  4476.  False  receipts. — Any  public  weigher,  under  the  provisions 
of  this  act,  who  shall  make  any  false  or  fraudulent  receipt  of  any 
weighing  done  by  him,  or  shall  be  guilty  of  any  collusion  with  any 
other  person  or  persons  for  the  purpose  of  deceiving  any  person  or 
persons  in  regard  to  the  correctness  of  weights,  or  who  shall  fail  to 
comply  with  the  requirements  of  the  preceding  section,  is  guilty  of  a 
misdemeanor. 

Rev.  Codes,  1921,  Vol.  4,  Penal  Code,  ch.  43,  p.  188. 

Sec.  11387  (1897).  False  device  for  measuring  gas,  water,  or  elec- 
tricity.— Every  person  or  persons,  or  officer  or  officers,  or  employee  or 
employees  of  any  corporation  or  corporations  who  with  intent  to  in- 
jure, or  defraud,  uses  or  causes  to  be  used  any  false  registering  or 
false  measuring  device  or  meter  for  the  measuring  of  any  water, 


MONTANA  467 

gas  or  electric  current  that  is  sold  to  any  other  person  or  persons, 
corporation  or  corporations,  or  who  shall  alter  or  change  the  record 
or  measurement  of  any  such  meter  or  measuring  device  with  intent 
to  injure  or  defraud,  shall  be  guilty  of  a  misdemeanor  and  on  con- 
viction thereof  shall  be  fined  in  the  sum  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars.  In  prosecutions  for 
offenses  under  this  section,  proof  of  the  use  of  such  false  registering 
meter  or  proof  of  an  attempt  to  collect  payment  from  any  con- 
sumer for  any  falsified  amount  or  quantity  of  gas,  water,  or  elec- 
tricity, shall  be  prima  facie  evidence  of  the  guilt  of  such  defendant. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  254,  p.  1307. 

Sec.  3561  (1921).  Powers  and  duties  of  department. — The  department 
of  agriculture,  labor  and  industry  shall  have  power  aftid  it  shall  be 
its  duty :     *     *     * 

4.  To  establish  and  promulgate  standards  for  open  and  closed 
receptacles  for  farm  products  and  standards  for  the  grade  and  other 
classification  of  farm  products. 

Sec.  3563.  Divisions  defined.^-There  shall  be  four  main  divisions  of 
the  department  of  agriculture,  labor  and  industry,  to  wit : 

The  division  of  farming  and  dairying;  the  division  of  grain  stand- 
ards and  marketing;  the  division  of  horticulture;  the  division  of 
labor  and  publicity. 

The  divisions  hereby  created  are  intended  for  the  sole  purpose  of 
promoting  the  logical  and  convenient  classification  of  the  work  of 
the  department,  and  nothing  herein  contained  shall  be  deemed  to 
prevent  any  person  engaged  in  the  work  of  a  particular  division 
from  performing  the  work  of  another  division;  the  commissioner 
may  likewise  create  additional  divisions  at  his  discretion. 

Sec.  3570,  as  amended  by  Laws,  1923,  ch.  35,  p.  67,  sec.  9.  Babcock 
test  adopted ;  certificate ;  method  of  test ;  false  determination. — The  Bab- 
cock test  is  hereby  adopted  as  the  official  dairy  test  for  use  in  the 
State  of  Montana. 

Any  person  operating  the  Babcock  test  in  any  creamery  or  cheese 
factory,  or  other  place  where  milk  or  cream  is  bought  and  paid  for 
on  the  basis  of  its  fat  content,  shall  be  required  to  pass  such  exami- 
nation as  the  commissioner  of  agriculture  shall  prescribe,  upon 
successful  completion  of  which  examination  he  shall  receive  a  certifi- 
cate signed  by  said  commissioner,  or  his  authorized  agent,  stating 
his  competency  to  operate  said  test. 

******* 

The  following  is  the  method  which  shall  be  adopted  as  the  stand- 
ard for  the  operation  of  the  Babcock  test  for  the  State  of  Montana 
and  shall  be  used  by  persons,  firms,  or  corporations  paying  for  milk 
or  cream  on  the  basis  of  the  butter  fat  content  of  such  commodity 
or  commodities. 

The  milk  from  which  the  sample  to  be  tested  is  taken  shall  be 
thoroughly  mixed  by  pouring  from  one  vessel  to  another,  three  times 
and  by  stirring  with  an  instrument  suitably  [suitable]  for  the  pur- 
pose. The  sample  to  be  tested  shall  consist  of  eighteen  grams  by 
weight,  or  seventeen  and  six-tenths  cubic  centimeters,  as  measured 
in  a  standard  pipette.  The  standard  strength  of  the  acid  used  for 
all  testing  of  milk  or  cream  shall  be  indicated  by  the  specific  gravity, 


468  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

which  shall  be  not  less  than  one  and  eighty-two  hundredths,  nor 
more  than  one  and  eighty-three  hundredths,  as  determined  by  a  stand- 
ard hydometer  [hydrometer].  After  properly  mixing  the  sample 
of  milk  and  acid  in  the  test  bottle,  centrifuging  shall  be  for  periods 
of  five  minutes,  two  minutes,  and  one  minute.  After  the  first  period 
of  centrifuging,  water  shall  be  added,  sufficient  to  fill  the  test  bot- 
tle up  to  the  base  of  the  neck  and  after  the  second  centrifuging, 
water  shall  be  added  sufficient  to  raise  the  fat  in  the  neck  of  the 
test  bottle  to  near  the  top  of  the  graduation.  The  water  used  to 
fill  the  test  bottles  shall  be  at  a  temperature  of  one  hundred  and 
forty  degrees  Fahrenheit  or  more.  After  the  last  period  of  centri- 
fuging, the  test  bottle  shall  be  immersed  in  a  bath  prepared  for  the 
purpose,  which  shall  consist  of  water  at  not  less  than  one  hundred 
and  thirty-fire  degrees  nor  more  than  one  hundred  and  forty  degrees 
Fahrenheit,  and  they  shall  remain  immersed  for  at  least  ten  min- 
utes and  the  temperature  of  the  bath  shall  be  kept  between  the  tem- 
peratures before  named  for  the  full  period  of  immersion.  The 
test  shall  be  read  immediately  after  the  test  bottles  are  taken  from 
the  bath.  Dividers  shall  be  used  to  determine  the  length  of  the  fat 
column  in  the  neck  of  the  test  bottles. 

The  reading  shall  be  from  the  bottom  of  the  lower  meniscus  to 
the  top  of  the  upper  meniscus  of  the  fat  column. 

The  method  of  testing  cream  shall  be  the  same  as  for  milk,  except 
that  all  samples  of  cream  tested  shall  be  eighteen  grams  by  weight, 
and  the  reading  of  the  fat  column  in  the  neck  of  the  test  bottle  shall 
be  from  the  bottom  of  the  lower  meniscus  to  the  bottom  of  the  upper 
meniscus.  If  glymol  is  used  to  destroy  the  upper  meniscus,  the 
reading  shall  be  from  the  bottom  of  the  lower  meniscus  to  the  bottom 
of  the  grymol  on  the  top  of  the  fat  column. 

If  the  operator  prefers,  he  may  use  the  alternate  method  of  test- 
ing cream,  hereinafter  described.  Before  taking  the  samples  of 
cream  for  testing,  the  whole  body  of  cream  shall  be  thoroughly 
mixed,  as  by  the  preceding  method.  All  samples  of  cream  taken  for 
testing  shall  be  homogenous  samples  of  the  whole  body  of  cream 
from  which  they  are  taken  and  shall  be  eighteen  grams  by  weight. 
After  properly  mixing  the  acid  and  sample  of  cream  to  be  tested, 
the  test  bottle  shall  be  filled  to  the  base  of  the  neck  with  Avater  at  a 
temperature  of  not  less  than  one  hundred  and  eighty  degrees  Fahren- 
heit, placed  immediately  in  the  testing  machine  and  centrifuged  for 
not  less  than  five  minutes.  The  test  bottle  shall  then  be  filled  to  near 
the  top  of  the  graduation  with  water  at  one  hundred  and  eighty  de- 
grees Fahrenheit  replaced  in  the  machine  and  centrifuged  for  two 
minutes  or  more.  The  water  bath  shall  then  be  used  and  the  read- 
ing made  in  the  same  way  as  in  the  preceding  method.  A  standard 
thermometer  shall  be  used  for  determining  temperatures  in  making 
the  Babcock  test. 

All  test  bottles,  pipettes  and  other  glassware  used  in  connection 
with  the  Babcock  test,  whether  fat  forms  the  basis  for  the  payment 
of  the  product,  shall  be  handled  and  calibrated  by  the  commissioner 
of  agriculture  or  his  deputies,  as  often  as  the  commissioner  may  pre- 
scribe, such  testing  or  calibrating  to  be  done  on  the  premises  where 
such  glassware  is  used.  All  bottles  used  for  the  purpose  of  making 
the  Babcock  test  shall  be  standard  bottles,  and  shall  be  designated  as 


MONTANA  469 

such  by  the  word  "  standard "  stamped  thereon.  All  glassware 
found  to  be  not  standard  in  capacity  shall  be  seized  and  destroyed 
by  the  commissioner  of  agriculture  or  his  authorized  agent. 

No  owner,  manager,  agent  or  employee  of  a  cheese  factory,  cream- 
er, or  other  place  where  the  fat  content  of  milk  or  cream  is  deter- 
mined by  test,  shall  falsely  manipulate  or  under-read  or  over-read 
the  Babcock  test  or  an}?-  other  contrivance  used  for  determining  the 
quality  of  milk  or  cream  or  make  any  false  determination  of  the  said 
Babcock  test  or  other  test. 

Sec.  3571,  as  amended  by  laws,  1923,  ch.  35,  p.  67,  sec.  10.  Standard 
measure  for  milk;  butter  measure;  penalty;  maker's  name  on  packages; 
pound  packages  so  branded. — The  standard  measure  of  capacity  for 
milk  shall  be  the  gallon  containing  two  hundred  thirty-one  cubic 
inches,  the  half  gallon  shall  contain  one  hundred  fifteen  and  five- 
tenths  cubic  inches,  and  the  quart  one-fourth  as  much  as  the  gallon, 
and  the  pint  one-half  as  much  as  the  quart. 

The  standard  measure  for  the  sale  of  butter  and  cheese  in  the  State 
of  Montana  shall  be  sixteen  ounces  (avoirdupois  weight)  to  the 
pound,  when  wrapped  or  put  in  container,  exclusive  of  the  wrapper 
or  container.  Where  weight  and  measure  are  stated  in  pounds  or 
ounces,  they  shall  be  exclusive  of  the  wrapper  or  other  container, 
and  each  pound  shall  contain  sixteen  ounces,  each  ounce  four  hun- 
dred and  thirty-seven  and  one-half  grains.  All  packages  of  butter 
weighing  less  than  sixteen  ounces  avoirdupois,  shall  be  of  a  net  weight 
which  is  a  binary  submultiple  of  sixteen  ounces,  which  is  eight 
ounces,  four  ounces,  or  two  ounces.  Any  person,  persons,  firm  or  cor- 
poration, selling  or  offering  for  sale,  any  article  of  dairy  products 
as  a  pound,  or  an}''  multiple  thereof,  the  net  weight  of  which  is  less 
than  sixteen  ounces,  or  the  proper  multiple  thereof,  to  represent  the 
number  of  pounds  sold  or  offering  for  sale,  shall  be  guilty  of  a  mis- 
demeanor; provided,  a  reasonable  variance  be  permitted,  and  that 
tolerance  shall  be  established  by  rules  and  regulations  made  by  the 
commissioner  of  agriculture,  in  accordance  with  the  provisions  of 
this  act. 

That  butter  sold  in  the  State  of  Montana  whether  manufactured 
on  a  farm  or  in  a  creamery,  must  have  the  maker's  name  clearly 
written  or  printed  in  a  conspicuous  place  on  the  outside  of  the  pack- 
age in  which  it  is  sold,  and  upon  each  pound  package  of  butter  so 
sold  or  offered  for  sale  the  words  "  Net  weight  sixteen  ounces  "  or 
"Net  weight  one  pound"  shall  appear. 

Sec.  3573.  The  division  of  grain  standards  and  marketing. — The  de- 
partment of  agriculture,  labor  and  industry,  through  the  division 
of  grain  standards  and  marketing,  shall  enforce  all  the  laws  of  the 
State  of  Montana  concerning  the  handling,  weighing,  grading,  in- 
spection, storage  and  marketing  of  grain,  and  the  management  of 
public  warehouses. 

Sec.  3575,  as  amended  by  Laws,  1923,  ch.  41,  p.  96.  Testing  of  scales; 
fee. — The  commissioner  of  agriculture  shall  employ  an  expert  tester 
of  scales,  whose  duty  it  shall  be  under  such  rules  and  regulations  as 
the  commissioner  may  prescribe  to  test  the  scales  within  this  State 
where  grain  is  weighed  at  elevators  and  public  warehouses;  also  to 
test  all  Avagon  scales,  coal  scales  and  track  scales  in  the  State  of  Mon- 


470  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

tana  where  grain  is  weighed  for  the  public.  The  person  employed  by 
the  commissioner  of  agriculture  as  an  expert  tester  of  scales  shall 
collect  from  such  person,  firm,  copartnership  or  corporation  for  each 
track  scale  tested  ten  dollars,  for  each  wagon  scale,  coal  scale,  dump 
scale  and  shipping  scale  five  dollars,  and  for  each  portable  scale  and 
grain  tester  one  dollar. 

Sec.  3576.  Appointment  of  inspectors,  samplers  and  weighers. — The 
commissioner  of  agriculture  shall  appoint  such  number  of  inspectors, 
samplers  and  weighers  as  may  be  necessary  to  properly  and  thor- 
oughly enforce  the  provisions  of  this  act.  Such  inspectors  shall  be 
able  to  qualify  under  the  terms  and  in  accordance  with  the  United 
States  Federal  grain  standards  act;  no  such  inspector,  sampler  or 
weigher  shall  be  interested  directly  or  indirectly  in  the  handling, 
sorting,  shipping,  purchasing  or  selling  of  grain  or  grain  products. 

Sec.  3577.  Penalty  for  misconduct  by  inspectors. — Any  inspector, 
sampler,  or  weigher,  who  shall  be  guilty  of  any  neglect  of  duty,  or 
who  shall  knowingly  or  carelessly  inspect,  sample,  or  weigh  any 
grain,  or  who  shall,  directly  or  indirectly,  accept  any  money  or  other 
consideration  for  any  neglect  of  duty  or  any  improper  performance 
of  duty  as  such  inspector,  sampler,  or  weigher,  or  any  person,  per- 
sons, corporation,  or  agent,  who  shall  improperly  influence,  or  at- 
tempt to  improperly  influence,  any  inspector,  sampler,  or  weigher  in 
the  performance  of  his  duties,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  less  than  one 
hundred  dollars  nor  more  than  &\e  hundred  dollars,  or  be  imprisoned 
in  the  county  jail  not  less  than  thirty  days  nor  more  than  one  year, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

Sec.  3578.  Designation  of  inspection  points;  deputy  inspectors. — Such 
cities  and  towns  where  grain  is  received  in  carload  lots  may  be  desig- 
nated by  the  commissioner  of  agriculture  as  inspection  points,  and  be 
provided  with  State  inspection  and  weighing:  Provided,  That  the 
expenditures  for  the  inspection  and  weighing  at  the  points  desig- 
nated by  the  commissioner  shall  not  exceed  the  receipts  of  fees  at 
such  point  or  points.  The  commissioner  may  also  assign  deputy  in- 
spectors to  such  territory  or  portions  of  the  State  as  it  may  deter- 
mine to  be  necessary,  and  it  shall  be  the  duty  of  such  deputy  in- 
spectors to  inspect  grain  delivered  in  less  than  carload  lots  in  such 
territory  or  portions  of  the  State  to  which  they  may  be  assigned, 
to  furnish  producers  within  such  territory  or  portions  of  the  State 
with  such  inspection  as  shall  enable  them  to  determine  the  grade  of 
their  grain,  and  to  perform  such  other  duties  as  the  commissioner 
may  prescribe. 

Sec.  3581.  For  inspection  and  weighing. — The  commissioner  of  agri- 
culture shall  fix  the  fees  for  inspection  and  weighing  of  grain,  and 
such  fees  shall  be  a  lien  upon  such  grain  until  paid. 

Sec.  3582.  Records  of  weighing  and  grading ;  certificate. — The  inspec- 
tors, samplers  and  weighers  shall,  at  places  provided  for  State  in- 
spection, have  exclusive  control  of  the  weighing  and  grading  of 
grain  to  be  inspected,  and  the  certificates  of  such  officers  relative  to 
such  weighing  and  grading,  shall  be  conclusive  upon  all  parties  in- 
terested.   Suitable  books  and  records  shall  be  kept,  in  which  shall 


MONTANA  471 

be  entered  a  faithful  and  true  record  of  every  carload  of  grain  in- 
spected or  weighed  by  them,  and  showing  the  number  of  and  initial 
or  other  designation  of  the  car  containing  such  carload,  its  weight, 
the  kind  of  grain  and  its  grade,  and  if  graded  below  standard  No. 
1  grade,  the  reason  for  such  grade,  if  of  inferior  grade,  the  amount 
of  such  dockage,  the  amount  of  fees  and  forfeitures  and  disposition 
of  the  same,  and  for  each  car  of  grain  they  shall  give  a  certificate 
of  inspection,  showing  the  kind  and  grade  of  the  same  and  the  reason 
for  all  grades  below  No.  1,  the  amount  to  be  allowed  for  dockage, 
if  any.  They  shall  also  furnish  the  agent  of  the  railroad  company, 
or  other  carrier  over  which  such  commodity  was  shipped  or  carried, 
a  certificate  showing  the  weight  thereof,  if  requested  to  do  so.  They 
shall  also  keep  a  true  record  of  all  appeals,  decisions,  and  a  com- 
plete record  of  every  official  act,  which  books  and  records  shall  be 
open  to  inspection  by  any  party  in  interest. 

Sec.  3583.  Removal  of  inspectors  for  misconduct. — Upon  written  com- 
plaint filed  with  the  commissioner  of  agriculture,  charging  an  in- 
spector, sampler,  or  weigher  with  official  misconduct,  inefficiency,  in- 
competency, or  neglect  of  duty,  the  commissioner  of  agriculture  shall 
investigate  such  charges,  and  if  it  be  found  sustained  shall  remove 
such  officer. 

Sec.  3592.  Examination  of  grain  cars  at  destination;  license  of  grain 
weighers. — All  inspectors,  samplers  and  weighers,  before  opening  the 
doors  of  any  car  containing  grain,  upon  arrival  at  any  of  the  places 
designated  by  the  commissioner  of  agriculture  for  inspection,  shall 
first  ascertain  the  condition  of  such  cars,  and  determine  Avhether  any 
leakages  have  occurred  while  said  cars  were  in  transit,  whether  or 
not  the  doors  were  projDerly  secured  and  sealed  at  point  of  shipment, 
and  shall  make  a  record  of  such  facts  in  all  cases,  giving  seal  numbers. 

After  such  examinations  have  been  made,  the  State  officials  shall 
securely  close  and  reseal  such  doors  as  have  been  opened  by  them, 
using  the  special  seal  of  the  commissioner  of  agriculture  for  the 
purpose. 

A  record  of  all  original  seals  broken  by  said  officials  and  the  date 
when  broken,  and  also  a  record  number  of  said  seals  shall  be  made 
by  them.  An  inspector,  weigher,  or  sampler  shall  break  the  seal, 
weigh  and  superintend  the  unloading  of  all  cars  of  grain  subject 
to  inspection,  and  it  shall  be  unlawful  for  any  other  person,  or 
persons,  to  break  the  seal  or  weigh  such  cars  of  grain. 

The  commissioner  of  agriculture  shall  have  power  to  require  all 
persons,  firms,  corporations,  or  warehousemen  engaged  in  weighing 
grain  within  the  State  of  Montana  to  obtain  a  license,  and  prescribe 
rules  and  regulations  governing  the  application  for  and  the  issuance 
of  such  licenses,  but  no  fee  shall  be  charged  therefor,  and  any 
person,  firm,  corporation,  or  warehouseman,  who  shall  weigh  any 
grain  without  first  having  obtained  license,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars. 

All  fees,  licenses,  and  other  charges  collected  under  the  provisions 
of  this  act  shall  be,  by  the  person  collecting  the  same,  paid  to  the 
State  treasurer  of  the  State  of  Montana,  and  by  said  treasurer  placed 
in  the  general  fund. 


472  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  257,  p.  1386. 

Sec.  3822  (1913).  Maintenance  of  loading  platforms  by  railroad. — 
Every  railroad  company  doing  business  in  this  State  shall,  within 
sixty  days  after  notice  from  the  board  of  railroad  commissioners 
of  the  State  of  Montana,  erect  one  or  more  platforms  for  the  trans- 
fer of  livestock,  grain,  and  other  commodities  from  wagons  or 
orherwise  to  cars  at  each  and  every  station  or  siding  designated 
in  such  notice;  such  platforms  to  be  erected  so  as  not  to  endanger 
life  and  property.     *     *     * 

Sec.  3825.  Erection  of  scales. — Every  railroad  company  shall  allow 
suitable  scales  to  be  erected  either  upon  the  platform  or  upon  the 
grounds  adjacent  thereto,  if  upon  their  right  of  way,  for  weighing 
and  shipping  purposes. 

Sec.  3826.  Penalty. — Every  railroad  company  neglecting  or  refus- 
ing to  comply  with  the  requirements  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  subject  to  a  fine  of  not  less  than 
five  hundred  dollars  for  every  thirty  days  such  failure  shall  con- 
tinue after  notice  as  aforesaid. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  ch.  260,  p.  1420. 

Sec.  3890  (1913).  Commercial  units  of  product  or  service;  standard  of 
measurement;  examination  and  testing. — The  commission  [public 
service  commission]  shall  ascertain  and  prescribe  for  each  kind  of 
public  utility  suitable  and  convenient  commercial  units  of  product 
or  service.  These  shall  be  lawful  units  for  the  purposes  of  this 
act. 

The  commission  shall  ascertain  and  fix  adequate  and  serviceable 
standards  for  the  measurement  of  quality,  pressure,  initial  voltage, 
or  other  conditions  pertaining  to  the  supply  of  the  product  or  service 
rendered  by  any  public  utility,  and  prescribe  reasonable  regula- 
tions for  examination  and  testing  of  such  product  or  service  and 
for  the  measurement  thereof. 

The  commission  shall  provide  for  the  examination  and  testing  of 
any  and  all  appliances  used  for  the  measuring  of  any  product  or 
service  of  a  public  utility.  Any  consumer  or  user  may  have  any 
such  appliances  tested  upon  payment  of  the  fees  fixed  by  the  com- 
mission. The  commission  shall  establish  and  declare  reasonable 
fees  to  be  paid  for  testing  such  appliances  on  the  request  of  the 
consumers  or  users,  the  fee  to  be  paid  by  the  consumer  or  user  at 
the  time  of  his  request,  which  fees,  however,  shall  be  paid  by  the 
public  utility  and  repaid  to  the  complaining  party,  if  the  quality 
or  quantity  of  the  product,  or  the  character  of  the  service,  be  found 
by  the  commission  defective  or  insufficient  in  a  degree  to  justify 
the  demand  for  testing;  or  the  commission  may  apportion  the  fees 
between  the  parties  as  justice  may  require. 

The  commission  may,  in  its  discretion,  purchase  such  materials, 
apparatus  and  standard  measuring  instruments  for  such  examina- 
tions and  tests  as  it  may  deem  necessary. 

The  commission,  its  agents,  experts,  or  examiners,  shall  have  the 
power  to  enter  upon  any  premises  occupied  by  any  public  utility 
for  the  purpose  of  making  the  examinations  and  test  provided  in 
this  act,  and  to  set  up  and  use  on  such  premises  any  apparatus 
and  appliances  and  occupy  reasonable  space  therefor.    Any  public 


MONTANA  473 

utility  refusing  to  allow  such  examinations  to  be  made,  as  herein 
provided,  shall  be  subject  to  the  penalties  prescribed  in  section 
3888  of  this  code. 

Rev.  Codes,  1921,  Vol.  2,  Civil  Code,  Part  4,  oh.  26,  p.  430. 

Sec.  7107  (1899).  Measurement  of  water;  cubic  foot. — Hereafter  a 
cubic  foot  of  water  (7.48  gallons)  per  second  of  time  shall  be  the 
legal  standard  for  the  measurement  of  water  in  this  State. 

Sec.  7108.  Miner's  inch;  equivalent  in  gallons. — Where  water  rights 
expressed  in  miner's  inches  have  been  granted,  one  hundred  miner's 
inches  shall  be  considered  equivalent  to  a  flow  of  two  and  one-half 
cubic  feet  (18.7  gallons)  per  second;  two  hundred  miner's  inches 
shall  be  considered  equivalent  to  a  flow  of  five  cubic  feet  (37.4 
gallons)  per  second,  and  this  proportion  shall  be  observed  in  deter- 
mining the  equivalent  flow  represented  by  any  number  of  miner's 
inches. 

Rev.  Codes,  1921,  Vol.  1,  Pol.  Code,  Part  3,  ch.  252,  p.  1270. 

Sec.  3454  (1911).  Ex  officio  sealer  of  weights  and  measures. — The 
State  coal  mine  inspector  is  hereby  made,  equally  with  the  secre- 
tary of  state,  ex  officio  sealer  of  weights  and  measures,  in  so  far  as 
the  same  relates  to  coal  mines  and  coal  mining,  and  as  such  is  em- 
powered to  test  and  compare  all  weights  and  measures  used  in  weigh- 
ing and  measuring  coal  at  any  coal  mine,  or  used  in  measuring  air 
passages  or  other  openings  in  coal  mines,  with  the  standards  of 
weights  and  measures  kept  by  the  State  sealer  of  weights  and  meas- 
ures. Upon  the  written  request  of  any  coal  mine  owner  or  operator, 
or  ten  coal  miners  employed  at  any  one  mine,  it  shall  be  his  duty 
to  test  and  prove  any  scale  or  scales  at  such  mine  against  which  com- 
plaint is  directed,  and  if  he  shall  find  that  they  or  any  of  them  do 
not  weigh  correctly,  he  shall  call  the  attention  of  the  mine  owner, 
lessor,  or  operator  to  the  fact,  and  direct  that  said  scale  or  scales 
be  at  once  overhauled  and  readjusted  so  as  to  indicate  only  true  and 
correct  weights,  and  he  shall  forbid  the  further  operation  of  such 
scale  until  such  scales  are  adjusted.  In  the  event  that  such  test 
shall  conflict  with  any  test  made  by  any  other  sealer  of  weights  and 
measures,  or  under  and  by  virtue  of  any  municipal  ordinance  or 
regulation,  then  the  test  by  such  State  coal  mine  inspector  shall 
prevail. 

Sec.  3455.  Standard  test  weights  to  be  furnished. — For  the  purpose 
of  carrying  out  the  provisions  of  this  act,  the  State  coal  mine 
inspector  shall  be  furnished  by  the  State  with  such  sets  of  standard 
weights  suitable  for  testing  the  accuracy  of  track  scales,  and  of  all 
smaller  scales  at  mines,  as  may  in  the  judgment  of  the  State  co;il 
mine  inspector  be  necessary;  said  test  weights  shall  remain  in  the 
custody  of  the  State  coal  mine  inspector  for  use  at  any  point  within 
the  State,  and  for  any  amounts  expended  by  him  for  the  storage, 
transportation,  or  the  handling  of  the  same,  he  shall  be  fully  reim- 
bursed upon  making  proper  entry  of  the  proper  items  in  his  ex- 
pense voucher. 

Sec.  3487.  Check  weighman. — The  weighman  employed  at  any  mine 
shall  subscribe  to  an  oath  or  affirmation  before  some  officer  author- 
ized to  administer  oaths,  to  do  justice  between  employer  and  em- 
ployee, and  to  truly  and  correctly  weigh  the  output  of  coal  from 


474  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

the  mines  as  herein  provided.  The  miners  employed  by  or  engaged 
in  working  for  any  mine  owner,  operator,  or  lessee  of  any  mine 
in  this  State  shall  have  the  privilege,  if  they  desire,  of  employ- 
ing at  their  own  expense  a  check  weighman,  who  shall  have  like 
equal  rights,  powers,  and  privileges  in  the  weighing  of  coal  as  the 
regular  weighman,  and  be  subject  to  the  same  oath  and  penalties  as  the 
regular  weighman.  Said  oath  or  affirmation  shall  be  kept  conspicu- 
ously posted  in  the  weight  office,  and  any  weigher  of  coal  or  person  so 
employed,  who  shall  knowingly  violate  any  of  the  provisions  of 
this  section,  or  any  owner,  operator,  or  agent  of  any  coal  mine  in 
the  State,  who  shall  forbid  or  hinder  miners  employing  or  using 
a  check  weighman  as  herein  provided,  or  who  shall  prevent  or 
Avillfully  obstruct  any  such  check  weighman  in  the  discharge  of  his 
duty,  shall  be  deemed  guilty  of  an  offense  against  this  act.  When- 
ever the  State  coal-mine  inspector,  or  his  deputy,  shall  be  satisfied 
that  the  provisions  of  this  section  have  been  willfully  violated,  it 
shall  be  his  duty  to  forthwith  inform  the  prosecuting  attorney 
of  any  such  violation,  together  with  all  the  facts  within  his  knowl- 
edge, and  the  prosecuting  attorney  shall  thereupon  investigate  the 
charges  so  preferred,  and  if  he  is  satisfied  that  the  provisions  of 
this  section  have  been  violated,  it  shall  be  his  duty  to  prosecute  the 
person  or  persons  guilty  thereof. 

Sec.  3488.  Must  not  use  false  weights. — Any  person  or  persons 
having  or  using  any  scale  or  scales  for  the  purpose  of  weighing 
the  output  of  coal  at  mines  must  not  arrange  or  construct  them 
so  that  fraudulent  weighing  may  be  done  thereby,  and  must  not 
knowingly  resort  to  or  employ  any  means  whatsoever  by  reason 
of  which  such  coal  is  not  correctly  weighed  and  reported  in  accord- 
ance with  the  provisions  of  this  act. 


NEBRASKA 

Comp.  Stats.,  1922,  Part  2,  Title  3,  Art.  18,  p.  2335. 

Sec.  7571  (al921).  Department  of  agriculture  to  enforce. — The  de- 
partment of  agriculture  shall  enforce  the  provisions  of  this  article. 
It  shall  make  or  cause  to  be  made  all  inspections  and  shall  have 
authority  to  promulgate  such  rules  and  regulations  as  may  be  neces- 
sary to  promptly  and  effectively  enforce  the  provisions  of  this  act. 
It  shall  have  authority  to  adopt  such  additional  standards  as  are  not 
specifically  provided  for  in  this  act.  It  shall  have  authority  to 
establish  tolerances  and  specifications  for  commercial  weighing  and 
measuring  apparatus  for  use  in  the  State  of  Nebraska  similar  to 
the  tolerances  and  specifications  recommended  by  the  United  States 
Bureau  of  Standards,  and  may  make  reasonable  regulations  regard- 
ing the  varieties  or  kinds  of  devices,  attachments  or  parts  entering 
into  the  construction  or  installation  of  weights  and  measures  or 
weighing  or  measuring  appliances  which  shall  have  for  their  object 
the  tendency  to  secure  correct  results  in  the  use  of  such  appliances. 

Sec.  7572.  Standard  weights  and  measures. — Such  standard  weights 
and  measures  as  have  been  furnished  to  this  State  by  the  Govern- 
ment of  the  United  States,  in  accordance  with  a  joint  resolution 
of  Congress,  approved  June  14,  1836,  and  such  weights,  measures, 
balances  and  measuring  devices  as  may  be  received  from  the  United 
States  as  standard  weights,  measures,  balances,  and  measuring  de- 
vices, in  addition  thereto,  or  in  renewal  thereof,  shall  be  author- 
ized standards  of  the  State  of  Nebraska. 

Sec.  7573,  as  amended  by  Laws,  1923,  ch.  10,  p.  101.  Bushel;  subdivi- 
sions.— A  bushel  shall  consist  of  two  thousand  one  hundred  and  fifty 
and  forty-two  hundredths  (2,150.42)  cubic  inches.  The  half  bushel, 
peck,  and  half  peck  shall  consist  of  the  proper  division  and  sub- 
division of  the  bushel. 

Sec.  7574.  Gallon. — A  gallon  shall  consist  of  two  hundred  and 
thirty-one  cubic  inches. 

Sec.  7575.  Pound. — A  pound  avoirdupois  shall  consist  of  seven 
thousand  grains  in  Troy  weights. 

Sec.  7576.  Units  of  length  and  surface. — The  units  of  standard,  and 
measures  of  length  and  surface  from  which  all  other  measures  of 
extension,  whether  lineal,  superficial  or  solid,  shall  be  derived  and 
ascertained,  are  the  standards  of  length  designated  in  this  article. 
The  yard  is  divided  into  three  equal  parts  called  feet  and  each  foot 
into  twelve  equal  parts  called  inches.  For  measures  of  cloth  and 
other  commodities  commonly  sold  by  the  yard,  the  yard  may  be 
divided  into  halves,  quarters,  eighths  and  sixteenths.  The  rod,  pole 
or  perch  contains  five  and  one-half  yards;  the,  mile  seventeen  hun- 
dred and  sixty  yards.  The  chain  for  measuring  land  is  twenty- 
two  yards  long,  and  is  divided  into  one  hundred  equal  parts  called 
links.     The  acre  for  land  measure  shall  be  measured  horizontally 

475 


476  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

and  contain  ten  square  chains,  equivalent  in  area  to  a  rectangle 
sixteen  rods  in  length  and  ten  in  breadth,  six  hundred  and  forty 
acres  being  contained  in  a  square  mile. 

Sec.  7577.  Units  of  weights. — The  units  of  standard  of  weight  from 
which  all  other  weights  shall  be  derived  and  ascertained,  shall  be  the 
standard  weights  designated  in  this  article.  The  hundred  weight 
consists  of  one  hundred  avoirdupois  pounds,  and  a  ton  contains 
twenty  hundred  weights.  Wherever  hereafter  in  this  article  the 
word  "  pound  "  is  used  it  shall  mean  the  avoirdupois  pound  unless 
otherwise  distinctly  specified. 

Sec.  7578.  Units  of  dry  measure. — The  units  of  standards  of  meas- 
ure of  capacity  for  commodities  not  liquids,  from  which  all  other 
measures  shall  be  derived  and  ascertained,  shall  be  the  standards  for 
such  commodities  designated  in  this  article.  The  peck,  half  peck, 
quarter  peck,  quart,  pint,  and  half  pint  measures  for  measuring  com- 
modities which  are  not  liquids  shall  be  derived  from  the  half  bushel 
by  successively  dividing  the  measure  by  two. 

Sec.  7579.  Units  of  liquid  measure. — The  units  of  standards  of 
measure  of  capacity  for  liquids,  from  which  all  other  measures  shall 
be  derived  and  ascertained,  shall  be  the  standard  liquid  measures 
designated  in  this  article.  The  liquid  gallon  shall  be  divided  by  con- 
tinual division  by  the  number  two  so  as  to  make  half  gallons,  quarts, 
pints,  half  pints  and  gills. 

Sec.  7580.  Electrical  measures. — The  standards  of  electrical  meas- 
ures recognized  by  the  National  Bureau  of  Standards,  when  procured 
by  the  State,  shall  be  the  standard  of  electrical  mesures  in  the  State 
of  Nebraska. 

Sec.  7581.  Metric  weights  and  measures. — The  weights  and  measures 
of  the  metric  system  shall  be  legal  weights  and  measures  in  the  State 
of  Nebraska. 

Sec.  7582.  Weights  per  barrel  and  per  bushel. — Whenever  any  of  the 
articles  or  commodities  mentioned  in  this  section  shall  be  sold  by 
the  bushel  or  fractional  part  thereof,  and  no  special  agreement  shall 
be  made  in  writing,  the  measure  thereof  shall  be  ascertained  by  avoir- 
dupois weight,  and  shall  be  computed  as  follows : 


Pounds 

Apples 48 

Apples,  dried 24 

Alfalfa  seed 60 

Barley 48 

Beans,  green,  unshelled 56 

Beans,  dried 60 

Beans,  Lima 56 

Beets 56 

Blue  grass  seed 18 

Bran 20 

Bromus  inermds 14 

Broomcorn  seed 50 

Buckwheat 50 

Carrots 50 

Castor  beans,  shelled 50 

Charcoal 20 

Cherries 40 

Clover  seed 60 


Pounds 

Coal 80 

Coke 40 

Corn  in  ear,  husked,  (field) 70 

Corn  in  ear,  unhusked,  (field) 75 

Corn  shelled  (field) 56 

Corn  meal 48 

Cucumbers 48 

Emmer 48 

Flax-seed1 56 

Grapes,  with  stems 40 

Hemp  seed 44 

Hickory  nuts,  hulled 50 

Kaffir  corn 56 

Lime 80 

Millet  seed 50 

Oats 32 

Onions 57 

Onion  top  sets 28 


1  The  item,  flax-seed,  56  pounds  per  bushel,  is  not  given  in  the  Comp.  Stats.,  1922,  and 
must  have  been  inadvertently  omitted  as  it  is  given  in  an  act  approved  April  23,  1921, 
Laws,  1919-21,  ch.  10,  p.  74. 


NEBRASKA 


477 


Pounds 

Rutabaga 60 

Rye 56 

Rye  grass  seed 22 

Salt 80 

Sana. 130 

Shorts 20 

Sorghum  saccharatum  seed 50 

Spelt  (emmer) 48 

Sweet  com 50 

Sweet  potatoes 50 

Timothy  seed 45 

Tomatoes 56 

Turnips 55 

Walnuts,  hulled 50 

Wheat 60 

All  root  crops  not  specified  above.  50 


Pounds 

Onion  bottom  sets 32 

Orchard  grass  seed 14 

Osage  orange  seed 32 

Parsnips 50 

Peaches 48 

Peaches,  dried 33 

Peanuts - 22 

Pears 45 

Peas,  green,  unshelled 50 

Peas,  dried 60 

Plums 48 

Popcorn  on  the  ear 70 

Popcorn,  shelled 56 

Potatoes 60 

Quinces 48 

Rape  seed 50 

Redtop  seed 14 

The  net  weight  per  barrel  or  per  hundred  or  divisible  "merchant- 
able quantities  shall  be  as  follows  and  no  packages  other  than  these 
sizes  shall  be  permitted  for  sale  in  the  State  of  Nebraska :  Wheat 
flour  per  barrel,  196  pounds;  per  half  barrel,  98  pounds;  per  quarter 
barrel  sack,  48  pounds ;  per  one-eighth  barrel  sack,  24  pounds ;  per  one- 
sixteenth  barrel  sack,  12  pounds;  per  one  thirty-second  barrel  sack, 
6  pounds;  rye  flour,  rye  graham,  wheat  graham,  whole  wheat  flour 
and  corn  meal  in  packages  of  the  following  weights:  One  hundred 
pounds,  fifty  pounds,  twenty-five  pounds,  ten  pounds  and  five 
pounds,  or  in  cartons  of  three  pounds,  or  one  pound;  and  per  one- 
thirty-second  bushel  sack  or  carton,  iy2  pounds.  Nothing  in  this 
article  shall  be  construed  to  prohibit  the  sale  in  other  sized  pack- 
ages, of  flour  prepared  for  special  purposes. 

Sec.  7583.  Measurements  of  hay  in  stack. — Unless  otherwise  agreed 
to  between  the  contracting  parties  the  following  shall  constitute  the 
legal  method  for  measuring  hay  in  the  stack  and  determining  the 
tonnage  of  same :  The  distance  from  the  ground  against  one  side  of 
the  stack  to  the  ground  against  the  other  side  of  the  stack,  directly 
over  and  opposite,  shall  be  taken  in  feet  and  inches;  subtract  from 
this  measurement  the  average  width  of  the  stack  and  divide  by  two 
to  obtain  the  average  height  of  the  stack;  multiply  the  width  by  the 
height  and  the  result  so  obtained  by  the  average  length  of  the  stack, 
which  will  give  the  cubic  feet  of  hay  in  the  stack. 

Sec.  7584.  Contracts;  sales;  construed. — All  contracts,  sales  or  pur- 
chases hereafter  made  for  work  to  be  done,  or  for  anj^thing  to  be 
sold  or  delivered  or  done,  by  weight  or  by  measure,  within  this  State, 
shall  be  taken  and  construed  in  terms  of  and  according  to  the  stand- 
ards of  weights  and  measures  adopted  by  this  article,  except  where 
parties  have  agreed  in  writing  upon  any  other  calculations  or  meas- 
urements; and  all  statements  and  representations  of  any  kind  re- 
ferring to  the  weights  or  measures  of  commodities  sold  or  purchased 
or  exposed  for  sale,  shall  be  understood  in  terms  of  the  standards 
of  weights  or  measures  aforesaid. 

Sec.  7585.  Dry  commodities;  how  sold. — All  dry  commodities  not 
otherwise  specified  in  this  article  shall  be  sold  only  by  standard 
weight,  numerical  count  or  linear  or  surface  measure,  except  where 
parties  shall  have  a  written  agreement  specifying  some  other  unit  of 
measure,  or  in  the  case  of  fruits  and  vegetables  in  containers,  other 
than  as  specified  in  section  7586,  where  the  container  is  labeled  or 


478  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

stamped  designating  the  minimum  weight,  or  the  minimum  numeri- 
cal count. 

Sec.  7586.  Berries;  small  fruit. — All  sales  of  blackberries,  blue- 
berries, cranberries,  currants,  gooseberries,  raspberries,  cherries, 
strawberries,  and  similar  berries,  also  onion  sets  in  package  of  one 
peck  or  less,  may  be  sold  by  the  quart,  pint  or  half  pint,  dry  measure ; 
and  all  berry  boxes  sold,  used,  or  offered  for  sale  within  the  State 
shall  be  of  an  interior  capacity  of  one  quart,  pint  or  half  pint,  dry 
measure.  Any  berry  boxes  not  conforming  to  this  section  shall  be 
confiscated  by  the  inspector. 

Sec.  7587.  Milk;  cream;  bottles;  liquid  commodities. — All  milk  or 
cream  that  shall  be  sold  in  bottle  shall  be  sold  only  in  bottles  con- 
taining half  pints,  pints,  quarts,  half  gallons  or  gallons.  All  liquid 
commodities  shall  be  sold  only  by  standard  liquid  measure  or  stand- 
ard weight,  except  where  parties  shall  have  a  written  agreement 
specifying  some  other  unit  of  measure. 

Sec.  7588.  Butter  packages. — A  print  or  package  of  butter  shall  con- 
tain one  pound  avoirdupois. 

Sec.  7589.  False  weights  and  measures. — Any  person  who,  by  him- 
self, or  by  his  servant  or  agent  or  as  the  servant  or  agent  of  another 
person,  shall  offer  or  expose  for  sale,  sell,  use  in  buying  or  selling  of 
any  commodity  or  thing  for  hire  or  award,  or  retain  in  his  possession 
a  false  weight  or  measure  or  weighing  or  measuring  device,  or  any 
weight  or  measure  or  weighing  or  measuring  device  which  has  not 
been  sealed  by  the  department  of  agriculture  within  two  years,  or 
who  shall  sell  or  offer  or  expose  for  sale  less  than  the  quantity  he 
represents,  or  shall  take  or  attempt  to  take  more  than  the  quantity 
he  represents,  when  as  the  buyer,  he  furnishes  the  weight,  measure, 
or  weighing  or  measuring  device  by  means  of  which  the  amount  of 
the  commodity  is  determined;  or  who  shall  keep  for  the  purpose  of 
sale,  offer  or  expose  for  sale,  or  sell  any  commodity  in  a  manner  con- 
trary to  law;  or  who  shall  sell  or  offer  to  sell  or  use  or  have  in  his 
possession  for  the  purpose  of  selling  or  using  any  device  or  instru- 
ment to  be  used,  or  calculated  to  falsify  any  weight  or  measure,  shall 
be  guilty  of  a  misdemeanor.  The  possession  of  such  weight,  measure, 
scale,  balance  or  beam  shall  be  prima  facie  evidence  that  the  same  was 
intended  to  be  used  in  violation  of  law,  except  as  provided  for  in 
section  22  [7592]  of  this  act. 

Sec.  7590.  Duties  of  inspectors. — When  not  otherwise  provided  by 
law  the  secretary  of  agriculture  or  his  inspectors  shall  have  the 
power,  and  it  shall  be  his  or  their  duty  to  inspect,  test,  try  and  ascer- 
tain if  they  are  correct,  all  weights,  measures  and  weighing  and 
measuring  devices,  kept,  offered,  or  exposed  for  sale,  sold  or  used  or 
employed  by  any  proprietor,  agent,  lessee,  or  employee  in  proving  or 
ascertaining  the  size,  quantity,  extent,  area,  or  measurement  of  quan- 
tities, things,  produce  or  articles  of  distribution  or  consumption  pur- 
chased or  offered  or  submitted  by  such  person  or  persons  for  sale, 
hire  or  award ;  and  he  shall  have  the  power  to,  and  shall,  from  time 
to  time,  weigh  or  measure  and  inspect  packages  or  amount  of  com- 
modities of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered  or 
exposed  for  sale,  sold  or  in  the  process  of  delivery,  in  order  to  de- 
termine whether  the  same  contain  the  amounts  represented,  and 
whether  they  be  offered  for  sale  or  sold  in  a  manner  in  accordance 


NEBRASKA  479 

with  law.  He  may  for  the  purposes  above  mentioned  and  in  general 
performance  of  his  official  duties,  enter  and  go  into  or  upon,  without 
formal  warrant,  any  stand,  place,  building,  or  premises,  or  stop  any 
vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon,  delivery  wagon, 
or  any  dealer  whatsoever,  and  require  him,  if  necessary,  to  proceed 
to  some  place  which  the  secretary  of  agriculture  or  his  inspectors 
may  specify,  for  the  purpose  of  making  proper  tests.  Whenever  the 
secretary  of  agriculture  or  his  inspectors  finds  a  violation  of  the 
statutes  relating  to  weights  and  measures,  he  shall  cause  the  violator 
to  be  prosecuted.  He  shall  at  least  once  annually  test  all  scales, 
weights,  and  measures  used  in  checking  the  receipts  or  disbursements 
or  supplies  in  every  institution  for  the  maintenance  of  which  moneys 
are  appropriated  by  the  legislature. 

Sec.  7591.  Sealing  weights  and  measures. — Whenever  the  secretary 
of  agriculture  or  his  inspectors  compares  weights,  measures,  or 
weighing  or  measuring  devices  and  finds  that  they  correspond  or 
causes  them  to  correspond  with  the  standards  in  his  possession,  he 
shall  seal  or  mark  such  weights,  measures  or  weighing  or  measuring 
devices  with  the  appropriate  seals  or  marks. 

Sec.  7592.  Confiscation  of  false  weights  and  measures. — The  secre- 
tary of  agriculture  or  his  inspectors  may  confiscate  and  seize  with- 
out warrant  any  incorrect  weight,  measure,  weighing  or  measuring 
device,  or  part  thereof  which  does  not  conform  to  the  State  stand- 
ards or  specifications,  and  which  in  his  or  his  inspector's  best  judg- 
ment is  not  susceptible  to  repair.  He  or  his  inspectors  may  also 
confiscate  and  seize  any  device  required  to  be  licensed  by  the  depart- 
ment of  agriculture,  upon  which  the  license  fee  has  not  been  paid 
and  said  device  does  not  bear  the  license  tag  of  the  current  year. 
Any  such  inspector  who  shall  make  any  such  seizure  shall  not  be  liable 
to  the  owner  of  the  property  seized  for  damages  caused  by  such 
seizure.  Any  property  so  seized  if  not  returned  to  the  owner  within 
one  year  from  date  of  seizure  shall  be  destroyed.  Such  weights, 
measures,  or  weighing  or  measuring  devices  as  are  incorrect  and  yet 
may  be  repaired  they  shall  mark  or  tag  as  "  Condemned  for  re- 
pairs." The  owners  or  users  of  any  weights,  measures,  or  weighing 
or  measuring  devices  of  which  such  disposition  is  made  shall  have 
the  same  repaired  or  corrected  within  thirty  days,  and  they  may 
neither  use  nor  dispose  of  the  same  in  any  way,  nor  remove  or  deface 
any  such  "  Condemned  for  repairs  "  tag  or  other  mark  or  tag  affixed 
by  the  secretary  of  agriculture  or  his  inspectors  until  they  shall 
have  received  from  the  department  of  agriculture  written  permission 
to  do  so.  Any  weights,  measures,  or  weighing  or  measuring  devices 
which  have  been  "  condemned  for  repairs,"  and  have  not  been  re- 
paired as  required  above,  or  have  been  used  or  disposed  of  in  any 
way  shall  be  confiscated  by  the  department  of  agriculture.  The 
removal  or  defacing  of  such  tag  shall  be  prima  facie  evidence  that 
the  same  was  removed  or  defaced  by  and  with  the  consent  of  the 
owner  or  user  of  the  scale. 

Sec.  7593.  Hindering  or  obstructing. — Except  as  in  this  act  other- 
wise provided  any  person,  firm  or  corporation  preventing,  attempt- 
ing to  prevent,  obstructing,  hindering,  or  in  any  way  interfering 
with  the  secretary  of  agriculture  or  his  inspectors  or  agents  in  the 
517—26 31 


480  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

performance  of  his  or  their  official  duties,  or  knowingly  failing  or 
neglecting  to  observe  any  reasonable  rule  or  regulation  of  the  said 
secretary  of  agriculture  adopted  for  the  enforcement  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  7594.  Police  powers. — The  secretary  of  agriculture  or  his  in- 
spectors are  hereby  made  special  policemen,  and  are  authorized  and 
empowered  to  arrest  any  violator  of  the  statutes  in  relation  to 
weights  and  measures,  to  enter  complaint  before  any  court  of  com- 
petent jurisdiction,  and  to  seize  for  use  as  evidence,  without  formal 
warrant,  any  false  or  unsealed  weight,  measure,  or  weighing  or 
measuring  device  or  package  or  amount  of  commodities  found  to  be 
used,  retained,  or  offered  or  exposed  for  sale  or  sold  in-  violation  of 
law. 

Sec.  7595.  Municipal  inspection. — Any  city  or  municipality  in  the 
State  may  establish  a  department  of  public  inspection  of  weights 
and  measures,  and  shall  have  the  poAver  to  appoint  a  sealer  and 
deputies  and  fix  their  compensation,  and  to  pass  such  ordinances, 
not  in  conflict  with  the  State  laws,  as  may  be  deemed  necessary ;  and 
if  a  city  or  municipality  shall  establish  such  a  department,  it  shall 
provide  the  sealer  with  suitable  quarters,  a  set  of  standards  as  here- 
inafter specified  in  this  article,  and  all  other  equipment  for  the 
proper  performance  of  his  duties.  All  city  and  municipal  standards 
shall  be  tried,  proved  and  sealed  under  the  direction  of  the  depart- 
ment of  agriculture  and  shall  be  returned  to  it  for  verification  at 
least  once  in  every  five  years. 

Sec.  7598.  Municipal  standards. — Sets  of  standards  for  municipal 
sealers,  if  procured,  shall  include  the  following  weights,  measures, 
and  balances,  and  they  shall  be  of  a  type  approved  for  such  use  by 
the  department  of  agriculture :  One  yard  measure  divided  into  feet 
and  inches,  and  at  least  one  of  the  inches  divided  into  thirty-seconds 
of  an  inch.  Dry  capacity  measures :  One  half  bushel,  one  peck,  one 
quart  and  one  pint.  Liquid  capacity  measures :  One  gallon,  one 
quart  and  one  pint.  Avoirdupois  pound  weights  in  the  following- 
number  and  denomination :  One  fiftj^-pound,  one  twenty-pound,  two 
ten-pound,  one  five-pound,  two  two-pound,  and  on©  one-pound. 
Avoirdupois  ounce  and  fractional  ounce  weight  in  the  following 
number  and  denomination :  One  eight-ounce,  one  four-ounce,  one 
two-ounce,  two  one-ounce,  one  one-half  ounce,  one  one-quarter  ounce, 
one  one-eighth  ounce,  and  two  one-sixteenth  ounce.  Twenty  test 
weights  each  of  fifty  pounds  for  testing  platform  scales  and  other 
large  scales,  if  same  are  to  be  tested.  One  equal  arm  balance  of 
capacity  of  fifty  pounds  to  one-sixteenth  of  an  ounce. 

Sec.  7597.  Supervision  of  local  sealer;  regulations. — The  secretary  of 
agriculture  or  his  inspectors  by  his  direction,  shall  at  least  once  in 
each  two  years,  or  oftener  if  he  feels  it  is  for  the  best  interest  of  the 
public,  visit  the  various  cities  of  the  State  in  order  to  inspect  the 
work  of  the  local  sealers;  and  in  the  performance  of  such  duties,  he 
or  his  inspectors  by  his  direction  may  inspect  the  weights,  measures, 
balances,  or  any  weight  or  measuring  appliance  of  any  person,  firm 
or  corporation  and  shall  have  the  same  powers  as  the  local  sealer 
of  weights  and  measures.  He  shall  require  a  semi-annual  report  of 
the  work  done  by  the  municipal  sealer  and  shall  issue  from  time  to 
time,  regulations  for  the  guidance  of  all  sealers,  and  the  said  regula- 


NEBRASKA  481 

tions  shall  govern  the  procedure  to  be  followed  by  the  aforesaid 
officers  in  the  discharge  of  their  duties. 

Sec.  7598.  Immediate  examinations. — Any  inspector  who  may  have 
reason  to  believe  that  any  weight,  measure,  balance,  weighing  or 
measuring  device  used  in  trade,  is  inaccurate  or  not  according  to 
the  standard,  shall  have  the  authority  to  make  an  immediate  exam- 
ination of  the  same  and  require  that  the  same  be  tried  and  tested 
and  conform  to  the  standards  herein  required. 

Sec.  7599.  Compensation;  fees;  disposition. — The  department  of  agri- 
culture shall  receive  fees  as  follows :  For  inspecting  and  sealing ; 
platform  scales,  each  scale  over  nineteen  thousand  pounds  capacity, 
five  dollars;  each  scale  over  four  thousand  pounds  capacity  up  to 
and  including  nineteen  thousand  pounds  capacity,  three  dollars  and 
fifty  cents;  each  scale  over  six  hundred  pounds  capacity  up  to 
and  including  four  thousand  pounds  capacity,  two  dollars;  each 
scale  over  one  hundred  pounds  capacity  up  to  and  including  six 
hundred  pounds  capacity,  seventy-five  cents;  each  scale  over  five 
pounds  capacity  up  to  and  including  one  hundred  pounds  capacity, 
fifty  cents;  each  scale  of  five  pounds  capacity  or  less,  twenty-five 
cents ;  for  hopper  or  grain  shipping  scales  except  automatic  scales,  each 
scale  of  over  ten  thousand  pounds  capacity,  ten  dollars;  each  scale 
over  five  thousand  pounds  capacity  up  to  and  including  ten  thousand 
pounds  capacity,  five  dollars;  each  scale  of  five  thousand  pounds 
capacity  or  less,  three  dollars  and  fifty  cents ;  and  for  each  automatic 
scale  up  to  and  including  six  hundred  pounds  capacity,  three  dollars 
and  fifty  cents;  and  each  automatic  scale  over  six  hundred  pounds 
capacity,  five  dollars;  and  shall  be  entitled  to  collect  from  the 
owner  or  custodian  of  such  scales  herein  mentioned  an  amount  suf- 
ficient to  cover  the  cost  of  transporting  all  necessary  test  weights 
to  and  from  the  location  of  said  scales.  For  sealing  or  marking 
each  beam,  ten  cents;  for  sealing  or  marking  measures  of  extension, 
ten  cents  per  yard  or  fraction  thereof,  not  exceeding  fifty  cents 
for  any  one  measure.  For  sealing  or  marking  liquid  or  dry  meas- 
ures, ten  cents  for  each  measure;  for  measuring  pumps  or  auto- 
matic tanks  of  one  gallon  or  less,  twenty -five  cents;  for  measuring 
pumps  or  automatic  tanks  of  over  one  gallon,  fifty  cents;  and  for 
linear  measuring  devices,  fifty  cents;  for  sealing  or  marking  each 
weight,  five  cents;  for  the  inspection  of  any  weighing  of  measuring 
device  not  listed  in  this  section,  the  secretary  of  agriculture  shall 
have  the  authority  and  power  to  fix  a  fee.  He  shall  have  a  rea- 
sonable compensation  for  making  weights  and  measures  conform 
to  the  standard  in  his  possession.  The  secretary  of  agriculture 
shall  not  require  any  fee  from  any  county  or  city  and  all  fees 
collected  by  the  secretary  of  agriculture  or  such  part  as  is  necessary 
shall  be  used  in  the  proper  enforcement  of  this  act,  the  balance 
to  be  paid  to  the  State  treasurer  and  credited  to  the  general  fund. 
The  inspection  and  sealing  fees  herein  provided  for  shall  be  and 
constitute  a  lien  on  the  weights,  scales,  measures,  weighing  or 
measuring  devices  inspected  until  said  fees  are  paid  and  the  secre- 
tary of  agriculture  may  sue  therefor  in  the  name  of  the  State. 

Sec.  7600.  Public  scales. — Scales  may  be  erected  in  the  State  of  Ne- 
braska for  public  use  at  public  expense.  In  counties  under  township 
organization,  a  township  may  at  the  annual  meeting  provide  for  the 


482  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

erection  and  determine  the  location  and  number  of  scales  for  the 
township  and  levy  a  tax  to  pay  for  the  same. 

Sec.  7601.  Weighmaster. — When  such  scales  are  provided  for.  the 
township  board  shall  appoint  a  weighmaster,  upon  petition  01  the 
electors  living  in  the  immediate  vicinity  of  the  scales  so  located  who 
shall,  under  oath,  promise  to  perform  the  duties  of  his  office  faith- 
fully and  honestly  and  the  weighmaster  so  appointed  shall  continue 
in  office  until  removed  by  the  township  board  or  by  resignation. 

Sec.  7602.  Scales;  testing. — The  township  board  shall  from  time  to 
time,  as  in  their  judgment  seems  necessary,  test  the  scales  as  to  their 
accuracy  and  properly  adjust  same. 

Sec.  7603.  Disputes. — Whenever  disputes  arise  between  two  parties, 
within  the  limit  of  the  township  where  such  scales  are  located,  over 
the  first  weighing  of  any  articles,  the  same  shall  be  weighed  a  second 
time  on  the  public  scales,  and  the  weighmaster's  receipt  therefor 
shall  be  final. 

Sec.  7604.  Fees  for  weighing. — The  township  board  shall  fix  and 
regulate  the  fee  or  salary  of  the  weighmaster  and  the  fees,  if  any, 
for  weighing. 

Sec.  7605.  Petitions  for  scales. — Townships  in  counties  under  the 
commission  organization,  desiring  to  adopt  the  provisions  of  the  five 
next  preceding  sections,  shall  petition  to  the  county  board  of  such 
county,  and  where  a  majority  of  the  electors  so  petition,  the  same 
shall  be  granted.  All  duties  and  powers  imposed  upon  township 
officers  by  said  sections  where  counties  are  under  township  organiza- 
tion shall  be  performed  by  the  county  board  of  counties  under  com- 
mission organization. 

Sec.  7606.  Size  of  brick. — The  standard  size  of  brick  sold  in  the 
State  of  Nebraska  shall  be  eight  and  one-fourth  inches  long,  four 
inches  wide,  and  two  and  one-half  inches  thick. 

Sec.  7607.  Erick;  selling. — No  person  shall  sell  any  brick  of  any 
size  other  than  that  specified  in  the  next  preceding  section,  without, 
at  the  time  of  the  sale,  notifying  the  purchaser,  in  writing  of  the  size 
of  such  brick. 

Sec.  7608.  Coal,  coke,  and  charcoal;  rules  for  sale  of. — It  shall  be  un- 
lawful to  sell  or  offer  to  sell  in  this  State  any  coal,  charcoal,  or  coke 
in  any  other  manner  than  bjr  weight.  No  person,  firm  or  corporation 
shall  deliver  any  coal,  charcoal  or  coke,  without  each  such  delivery 
being  accompanied  by  a  delivery  ticket  and  duplicate  thereof,  on 
each  of  which  shall  be  in  ink  or  other  indelible  substance,  distinctly 
expressed  in  pounds,  the  gross  weight  of  the  load,  the  tare  of  the 
delivering  vehicle,  and  the  net  amount  in  weight  of  coal,  charcoal 
or  coke  contained  in  the  cart,  wagon  or  other  vehicle  used  in  such 
deliveries,  with  the  name  of  the  purchaser  thereof  and  the  name  of 
the  dealer  from  whom  purchased.  One  of  these  tickets  shall  be 
surrendered  by  the  person  in  charge  of  the  load  to  the  inspector 
upon  demand,  for  his  inspection,  and  a  ticket  or  weight  slip  issued 
by  the  inspector  when  the  inspector  desires  to  retain  the  original, 
shall  be  delivered  to  said  purchaser  of  said  coal,  charcoal  or  coke, 
or  his  agent  or  representative  at  the  time  of  the  delivery  of  the  fuel ; 
and  the  other  ticket  shall  be  retained  by  the  seller  of  the  fuel.  When 
the  buyer  carries  away  the  purchase,  a  delivery  ticket,  showing  the 
actual  number  of  pounds  delivered  must  be  given  to  the  purchaser 


NEBRASKA  483 

at  the  time  delivery  is  made.  The  secretary  of  agriculture  or  any 
of  his  inspectors  or  assistants  are  hereby  empowered  to  compel  the 
party  or  parties  having  charge  of  such  coal,  charcoal  or  coke  to 
bring  same  on  demand  to  a  scale  designated  by  the  said  secretary  of 
agriculture  or  his  assistant  or  inspector  and  weighed  for  the  pur- 
pose of  proving  the  true  net  weight  of  the  article  or  commodity. 

Sec.  7609.  Automatic  pay  scales;  license  for. — It  shall  be  unlawful 
for  any  person,  firm  or  corporation  by  himself,  or  as  the  officer, 
servant,  agent,  or  employee  of  any  person,  firm  or  corporation  to 
operate  or  use  or  display  for  use  any  scale  or  scales,  known  as  money 
in  the  slot  or  automatic  scale  or  scales  or  any  weighing  device,  ap- 
paratus or  machine,  which  is  usd  or  intended  for  use  to  determine 
the  weight  of  any  person  or  persons,  where  compensation  is  derived, 
or  any  public  or  custom  scale  for  which  a  fee  is  charged  or  accepted 
for  weighing,  unless  said  scale  or  device  is  licensed  by  the  depart- 
ment of  agriculture.  Upon  payment  of  the  license  fee  of  three 
dollars,  the  department  of  agriculture  shall  issue  a  metal  license  tag, 
tags  to  be  numbered  consecutively  and  bear  the  year  for  which  the 
license  is  valid.  The  tag  shall  be  displayed  prominently  on  the 
front  of  the  weighing  device  and  the  defacing  or  wrongful  removal 
of  such  tag  shall  be  deemed  a  misdemeanor.  Absence  of  the  license 
tag  shall  be  prima  facie  evidence  that  the  weighing  device  is  being 
operated  contrary  to  law.  No  license  shall  be  issued  until  the  annual 
fee  of  three  dollars  is  paid  to  the  department  of  agriculture  for 
each  scale  or  weighing  device  operated  or  used.  Any  person  desiring 
to  secure  said  license  shall  make  application  therefor  upon  blank  to 
be  furnished  by  the  department  of  agriculture.  The  department  of 
agriculture  may  withhold  or  revoke  any  license  for  cause.  All 
licenses  issued  under  this  act  shall  expire  December  thirty-first  of 
each  year. 

Sec.  7610.  Violation;  penalty. — Any  person,  firm  or  corporation  vio- 
lating any  of  the  provisions  of  this  act,  shall  be  punished  by  a  fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  or 
by  imprisonment  in  the  county  jail  for  not  more  than  thirty  days: 
Provided,  however,  That  upon  the  second  conviction  for  the  violation 
of  any  of  the  provisions  of  this  act  such  offender  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than  thirty 
days  nor  more  than  ninety  days. 

Sec.  7611.  One  clause  held  invalid,  not  invalidate  another. — If  any 
clause,  sentence,  paragraph  or  part  of  this  act  shall  for  any  reason 
be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid, 
such  judgment  shall  not  affect,  impair,  or  invalidate  the  remainder 
thereof,  but  shall  be  confined  in  its  operation  to  the  clause,  sentence, 
paragraph,  or  part  thereof  directly  involved  in  the  controversy  in 
which  such  judgment  shall  have  been  rendered. 

Sec.  7622a  (1919).  Marks  and  brands;  contents  specified;  cotton  duck 
or  canvas. — Any  person  or  corporation  who  shall  manufacture  for 
sale,  or  who  may  offer  or  expose  for  sale  any  cotton  duck  or  canvas, 
made  in  whole  or  in  part  of  cotton  duck  or  canvas,  shall  distinctly 
and  durably  stamp,  brand,  or  mark  thereon  the  true  and  correct 
weight  of  such  cotton  duck  or  canvas,  by  ounces  per  yard,  also  the 
true  grade  (single  filling,  double  filling,  army,  roll  or  wide  duck), 


484  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

together  with  a  description  by  name  of  any  filler  or  other  prepara- 
tion placed  in  or  on  said  cotton  duck  or  canvas  since  is  [its]  manu- 
facture. 

Sec.  7622b.  "Unlawful  to  sell  unmarked  goods.— It  shall  be  unlawful 
for  any  person  or  corporation  either  individually  or  in  any  repre- 
sentative capacity  to  carry  for  sale,  sell  or  endeavor  to  sell  any  cotton 
duck  or  canvas  as  herein  defined,  or  any  article  other  than  clothing 
and  wearing  apparel,  composed  of,  made  in  whole  or  in  part  of  any 
cotton  duck  or  canvas  without  having  marked  thereon  the  true  and 
correct  weight  of  said  canvas  or  cotton  duck  by  ounces  per  yard,  also 
the  true  grade  (single  filling,  double  filling,  army,  roll  or  wide 
duck),  together  with  a  description  by  name  of  any  filler  or  other 
preparation  placed  in  or  on  said  cotton  cluck  or  canvas  since  its  man- 
ufacture, or  to  misstate,  misrepresent  or  conceal  the  true  weight  of 
said  canvas  or  cotton  duck  by  ounce  per  yard,  or  to  misstate,  mis- 
represent, or  conceal  the  true  grade  (single  filling,  double  h'lling, 
army,  roll  or  wide  duck),  or  to  misstate,  misrepresent,  or  conceal  the 
existence  of  any  filler  or  other  preparation  placed  in  or  on  said  cot- 
ton duck  or  canvas  since  its  manufacture. 

Sec.  7622c.  Unlawful  to  conceal  size  and  dimensions  of  goods. — It  shall 
be  unlawful  for  any  person  or  corporation  either  individually  or  in 
representative  capacity,  selling,  carrying  for  sale,  or  endeavoring  to 
sell  any  awnings,  paulins,  wagon  covers,  tents,  grain  and  hay  covers, 
stable  or  tent  tops,  to  misstate  or  misrepresent,  or  conceal  the  true 
and  correct  size  and  dimensions  thereof. 

Sec.  7622d.  Unlawful  to  deface  marks. — It  shall  be  unlawful  for  any 
person  to  deface,  mutilate,  obscure,  conceal,  efface,  cancel  or  remove 
any  mark  provided  for  by  this  act,  cause  or  permit  the  same  to  be 
done  with  intent  to  mislead,  deceive,  or  to  violate  any  of  the  provi- 
sions of  this  act. 

Sec.  7622e.  Cotton  duck  or  canvas  defined. — For  the  purpose  of  this 
act  cotton  duck  or  canvas  shall  be  deemed  to  include  all  cotton  duck 
or  canvas,  whether  single  filling,  double  filling,  army,  roll  or  wide 
duck. 

Sec.  7622f.  Yard  and  ounce  defined. — For  the  purpose  of  this  act,  the 
equivalent  of  thirty-six  inches  in  length  by  twenty-nine  inches  in 
width,  or  seven  and  one-fourth  square  feet  of  cotton  duck  or  canvas 
shall  constitute  a  yard,  and  an  ounce  shall  be  one-sixteenth  part  of  a 
pound  avoirdupois. 

Sec.  7622g.  Violation;  penalty. — Any  person,  company,  or  corpora- 
tion violating  any  of  the  provisions  ox  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  on  conviction  thereof  shall  for  the  first  offense 
be  punished  by  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars  and  for  each  subsequent  offense  by  a  fine  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars. 

Comp.  Stats.,  1922,  Part  2,  ch.  40,  Art.  1,  p.  1165. 

Sec.  3489  (al921).  Additional  powers;  weights,  measures,  and  inspec- 
tion; bread. — In  addition  to  the  powers  herein  granted,  cities2  gov- 
erned by  this  act  shall  have  power  by  ordinance :     *     *     * 

VII.  To  regulate  the  weighing  and  measuring  of  hay,  wood,  and 
other  articles  exposed  for  sale,  and  of  all  coal  sold  or  delivered 

2  Applicable  to  cities  heretofore  incorporated  as  cities  of  the  metropolitan  class 
(Omaha)  and  all  cities  which  shall  attain  a  population  of  100,000  inhabitants. 


NEBRASKA  485 

within  the  city,  and  to  provide  for,  license,  and  regulate  the  inspec- 
tion and  sale  of  meats,  flour,  poultry,  fish,  milk,  vegetables  and  all 
other  provisions  or  articles  of  food  exposed  or  offered  for  sale  in 
the  city,  and  to  prescribe  the  weight  and  quality  of  bread  exposed 
or  offered  for  sale  in  the  loaf.  Also  to  provide  for  the  inspection 
of  weights  and  measures  or  weighing  apparatus. 

Comp.  Stats.,  1922,  Part  2,  ch.  42,  Art.  2,  p.  1271. 

Sec.  3799  (1901).  Ordinances  and  powers. — In  addition  to  the  powers 
herein  granted,  cities 3  governed  under  the  provisions  of  this  chapter 
shall  have  power  by  ordinance : 

Sec.  3811.  Eegulate  weighing  and  measuring. — To  establish  standard 
weights  and  measures,  and  regulate  the  weights  and  measures  to  be 
used  in  the  city,  and  to  regulate  the  measuring  of  every  commodity 
sold  in  the  city,  in  all  cases  not  otherwise  provided  by  law,  and  to 
prohibit  the  use  of  imperfect  weights,  measures  and  weighing  ap- 
paratus. 

Sec.  3812.  Inspect  and  regulate  sale  of  fuel,  grain,  and  hay. — To  pro- 
vide for  the  inspection  and  weighing  of  hay  and  grain  and  coal, 
the  measuring  of  wood  and  fuel  to  be  used  in  the  city,  and  to 
determine  the  place  or  places  of  the  same,  and  to  regulate  and  pre- 
scribe the  place  or  places  of  exposing  for  sale  hay,  coal  and  wood; 
to  fix  the  fees  and  duties  of  persons  authorized  to  perform  such 
duties. 

Comp.  Stats.,  1922,  Part  2,  ch.  44,  Art.  2,  p.  1331. 

Sec.  3988  (1901).  Powers. — In  addition  to  the  powers  herein 
granted,  cities 4  governed  under  the  provisions  of  this  chapter  shall 
have  power  by  ordinance : 

Sec.  4007.  Weights  and  measures. — To  establish  standard  weights 
and  measures  and  to  regulate  weights,  meters  and  measures  to  be 
used  in  the  city,  and  to  regulate  the  weighing  and  measuring  of 
every  commodity  sold  in  the  city,  including  water,  gas  and  electric 
light,  in  all  cases  not  otherwise  provided  by  law;  and  to  prohibit 
and  punish  the  use  of  imperfect  weights,  measures,  weighing  appa- 
ratus and  "meters. 

Sec.  4008.  Meter,  fuel  and  feed  inspection. — To  provide  for  the  in- 
spection of  electric  light,  water  and  gas  meters,  and  the  inspection 
and  weighing  of  hay,  grain  and  coal  and  the  measuring  of  wood  and 
fuel  to  be  used  in  the  city,  and  to  determine  the  place  or  places  of 
the  same,  and  to  regulate  and  prescribe  the  place  or  places  of  expos- 
ing for  sale  of  hay,  coal  and  wood  and  to  provide  for  the  appoint- 
ment of  an  inspector,  and  to  fix  the  fees  and  duties  of  the  inspector 
and  of  other  persons  authorized  to  perform  such  duties. 

Comp.  Stats.,  1922,  Part  2,  ch.  45,  p.  1389. 

Sec.  4162  (al885).  Classification,  population  required. — All  cities, 
towns  and  villages  containing  more  than  one  thousand  and  less  than 
five  thousand  inhabitants  shall  be  cities  of  the  second  class  and  be 
governed  by  the  provisions  of  this  article,  unless  they  adopt  a 
village  government  as  hereinafter  provided. 

Applicable  to  cities  having  a  population  of  more  than  40,000  and  less  than  100,000 
Inhabitants. 

'Applicable  to  cities  having  less  than  25,000  and  more  than  5,000  inhabitants. 


486  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

Sec.  4278  (al887).  Powers  granted  to  exercise  by  ordinance. — In  addi- 
tion to  the  powers  hereinbefore  granted  cities  and  villages  under 
the  provisions  of  this  chapter  each  city  and  village  may  enact  ordi- 
nances for  the  following  purposes : 

Sec.  4302  (1887).  Established  weights  and  measures. — To  establish 
standard  weights  and  measures  and  regulate  the  weights  and  meas- 
ures to  be  used  in  the  city  or  village,  and  to  regulate  the  weighing 
and  measuring  of  every  commodity  sold  in  the  city  or  village  in 
all  cases  not  otherwise  provided  by  law. 

Sec.  4303.  Inspection  and  weighing  of  merchandise. — To  provide  for 
the  inspection  and  weighing  of  hay,  grain  and  coal,  the  measuring 
of  wood  and  fuel  to  be  used  in  the  city  or  village,  and  to  determine 
the  place  or  places  of  the  same,  and  to  regulate  and  prescribe  the 
place  or  places  of  exposing  for  sale  hay,  coal  and  wood;  to  fix  the 
fees  and  duties  of  persons  authorized  to  perform  the  duties  named 
in  this  subdivision. 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  5,  p.  2297. 

Sec.  7429  (al921).  Misbranding  of  food  defined;  net  weight,  measure 
or  count ;  in  case  of  liquids ;  slack  filled  packages. — The  term  "  mis- 
branded,"  as  used  herein,  shall  apply  to  all  drugs,  or  articles  of 
food,  or  articles  which  enter  into  the  composition  of  food,  the 
package  or  label  of  which  shall  bear  any  statement,  design  or  device 
regarding  such  article  or  the  ingredients  or  substances  contained 
therein  which  shall  be  false  or  misleading  in  any  particular,  and 
to  any  food  or  drug  product,  which  is  falsely  branded  as  to  the 
State,  Territory,  place  or  country  in  which  it  is  manufactured 
or  produced. 

An  article  shall  also  be  deemed  to  be  misbranded    *     *     * 

(5)  In  the  case  of  food :     *     *     * 

3.  If  in  package  form,  if  each  package,  does  not  have  a  correct 
statement,  clearly  printed  on  the  outside  of  the  package,  of  the 
contents  and  the  quantity  of  the  contents  in  terms  of  weight,  meas- 
ure, or  numerical  count;  and  in  case  of  wheat  flour  the  name  of 
the  manufacturer  and  the  place  where  manufactured :  Provided, 
however,  That  the  provisions  of  this  paragraph  shall  not  apply  to 
packages  put  up  by  the  retailer  at  the  time  of  sale. 

4.  If  the  true  quantity  in  container  (in  case  of  liquids  other  than 
medicines)  is  not  correctly  stated  thereon. 

7.  If  in  package  form  and  irrespective  of  whether  or  not  the 
quantity  of  the  contents  be  plainly  and  legibly  stated  on  the  outside 
of  the  package  in  terms  of  weight,  measure  or  numerical  count,  if 
package  be  not  filled  with  the  food  it  purports  to  contain. 

Comp.  Stats.,  1922,  Part  2,  ch.  12,  Art.  3,  p.  268. 

Sec.  484  (al909).  Label  placed  on  binder  twine. — A  stamp  or  label 
shall  be  placed  on  every  ball  of  binder  twine  sold,  exposed  or  offered 
for  sale  in  this  State,  giving  the  name  of  the  manufacturer  or  im- 
porter, the  number  of  feet  to  the  pound  in  such  ball,  the  material 
from  which  it  is  made,  the  tensile  strength,  and  the  per  cent  of  oil 
it  contains  and  the  date  of  manufacture. 


NEBRASKA  487 

Sec.  485  (1901).  Penalty  for  failure  to  label. — Every  manufacturer, 
importer  or  dealer,  who  fails  to  comply  with  the  provisions  of  the 
next  preceding  section,  shall  upon  conviction,  be  liable  to  a  fine  of 
twenty-five  cents  for  each  and  every  such  ball  sold,  offered  or  ex- 
posed for  sale :  Provided,  however,  The  deficiency  in  length  shall  not 
exceed  five  per  cent  of  the  amount  as  stated  on  the  label  or  stamp, 
as  herein  provided. 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  13,  p.  2320. 

Sec.  7513  (al919).  Paint,  weight  or  measure  to  be  shown  on  label. — 
The  label  required  by  this  article  shall  be  printed  in  the  English 
language,  in  clear,  legible  type,  and  shall  clearly  and  distinctly  state 
the  name  and  residence  of  the  manufacturer  of  the  paint,  or  the  dis- 
tributer thereof,  or  of  the  party  for  whom  the  same  is  manufactured, 

*  *     *.     In  case  of  paint,     *     *     *     the  label  thereof  shall  state 

*  *  *  the  quantity  contained  in  the  package,  which,  in  the  case 
of  liquid  or  mixed  paints,  shall  be  designated  in  standard  gallons  or 
fractions  thereof,  and  in  the  case  of  paste  or  semipaste  paints,  such 
as  are  commonly  sold  by  weight,  the  avoirdupois  weight. 

Sec.  7515a  (1919).  Possession  of  mislabeled  paint  or  oil. — Possession 
by  any  person  dealing  in  said  articles,  of  any  article  or  substances 
hereinbefore  described  not  properly  labeled,  as  provided  in  this 
article,  shall  constitute  prima  facie  evidence  that  the  same  is  kept  by 
such  person,  in  violation  of  the  provisions  of  this  article. 

Sec.  7515b.  Violation;  penalty. — Any  person  violating  any  of  the 
provisions  of  this  article,  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars  or  imprisoned  in  the  county  jail  not  exceeding  three 
months. 

Comp.  Stats.,  1922,  Part  5,  ch.  11,  Art.  4,  p.  3036. 

Sec.  9905  (al893).  Fraud  in  weighing1  commodities. — Any  person  or 
persons  who  shall  knowingly  and  wilfully  sell,  or  direct,  or  permit 
any  person  or  persons  in  his  or  their  employ  to  sell  any  commodity 
or  article  of  merchandise,  and  make  or  give  any  false  or  short  weight 
or  measure,  or  any  person  or  persons  owning  or  keeping  or  having 
charge  of  any  scales  or  steelyards  for  the  purpose  of  weighing  five- 
stock,  hay,  grain,  coal  or  other  articles,  who  shall  knowingly  and 
wilfully  report  any  false  of  [or]  untrue  weight,  whereby  any  other 
person  or  persons  may  be  defrauded  or  injured,  shall  be  fined  in  any 
sum  not  exceeding  fifty  dollars,  or  be  imprisoned  in  the  jail  of  the 
county  not  exceeding  thirty  days,  and  also  be  answerable  to  the 
party  defrauded  or  injured  in  double  damages. 

Sec.  9906  (1893).  Articles  put  up  in  casks,  cases,  etc.,  to  be  weighed 
and  marked. — Any  person,  agent,  or  clerk  who  shall  put  up,  or  shall 
order  or  procure  any  other  person  to  put  up  or  pack  sugar,  rice, 
tobacco,  soap,  starch,  candles,  cheese  or  any  goods  or  articles  sold  by 
weight,  packed  in  kegs,  barrels,  tierces,  casks,  boxes,  hogsheads,  or 
any  case  whatever,  shall  in  every  instance  first  weigh  the  entire 
box  or  cask  or  whatever  it  may  be,  and  plainly  cut  or  mark  upon 
the  head  or  most  convenient  part  thereof,  the  exact  number  and 
fractions  of  pounds  it  weighs,  and  when  packed  or  filled  shall  again 
ascertain  the  whole  weight,  and  place  the  same  immediately  above 
the  cut  or  marked  tare  weights,  and  subtract  the  one  from  the 


488  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

other,  showing  the  net  weight  of  the  contents,  which  calculation 
shall  not  be  obliterated  while  the  bulk  remains  unbroken;  and  said 
articles,  until  the  bulk  is  broken,  shall  be  sold  by  the  net  weight: 
Provided,  however,  Nothing  in  this  section  shall  be  so  construed  as 
to  release  any  person  from  the  liability  of  allowing  the  actual  tare 
at  the  time  of  sale  on  all  kegs,  barrels,  tierces,  casks,  boxes,  hogs- 
heads or  cases  containing  articles  which  by  their  nature  are  liable 
to  change  their  original  tare. 

Sec.  9907.  Change  of  marks  on  lids,  etc. — Any  brand,  mark  or  stamp, 
put  upon  any  keg,  barrel,  box,  cask,  hogshead  or  case  by  the  manu- 
facturer, indicating  the  articles,  its  quality,  quantity  or  the  manu- 
facturer's name  or  either  of  them,  shall  be  considered  the  manufac- 
turer's certified  brand,  stamp  or  mark,  and  shall  be  put  thereon  in 
such  manner  as  to  be  identified  by  the  manufacturer  or  his  author- 
ized agent,  which  shall  be  subject  to  no  erasure  or  obliteration; 
neither  shall  such  box  lids,  keg,  barrel,  hogshead,  tierce  or  cask 
heads,  be  transferred  from  one  to  the  other,  for  the  purpose  of  tak- 
ing advantage  of  said  brands,  stamps  or  marks,  to  sell  an  inferior 
article,  or  repacking  take  place,  putting  an  inferior  article  into  a 
superior  branded  keg,  barrel,  cask,  hogshead,  box  or  case,  to  accom- 
plish the  same  design;  or  to  mark  or  remark  anything  containing 
pound  bulk,  so  as  to  hide  from  view  the  original  manufacturer's 
mark,  stamp  or  brand. 

Sec.  9908.  Penalty  for  violation  of  last  two  sections. — 'Whoever, 
directly  or  indirectly,  transgresses  any  of  the  provisions  enumerated 
in  the  last  two  preceding  sections  shall,  in  all  cases,  pay  to  the 
party  aggrieved  double  the  value  of  the  difference  between  the 
actual  quantity  contained  in  such  keg,  barrel,  cask,  tierce,  box  or 
hogshead  or  in  whatever  the  same  may  be  contained,  and  the  net 
quantity  or  weight  for  which  the  same  may  have  been  sold;  and 
for  the  first  offense  be  subject  to  a  fine  not  less  than  twenty  nor 
more  than  sixty  dollars,  or  imprisonment  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  sixty  days;  and  for  the  second  and 
every  subsequent  offense  shall  be  subject  to  a  fine  not  less  than  fifty 
dollars  nor  more  than  two  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  thirty  nor  more  than  ninety  days. 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  15,  p.  2326. 

Sec.  7532  (1919).  Feeding  stuff,  net  weight  to  be  marked. — Every  lot, 
barrel,  bag,  pail,  parcel  or  package  of  concentrated  commercial  feed- 
ing stuff,  as  defined  in  section  7531  shall  have  affixed  thereto  a  tag 
or  label  in  a  conspicuous  place  on  the  outside  thereof,  containing  a 
legible  and  plainly  printed  statement  in  the  English  language,  in 
type  as  large  as  ten  point,  clearly  and  truly  certifying : 

1.  The  net  weight  of  the  package.     *     *     * 

3.  The  name  and  address  of  the  manufacturer,  importer,  dealer 
or  agent.     *     *     * 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  18,  p.  2328. 

Sec.  7540  (1919).  Live  stock  remedy,  net  weight  to  be  marked. — Every 
barrel,  bag,  pail,  parcel  or  package  of  live  stock  remedy  as  defined 
in  section  1  [section  7539]  of  this  article  shall  have  affixed  thereto  in 
a  conspicuous  place  on  the  outside  thereof,  distinctly  printed  in  the 


NEBRASKA  489 

English  language   in    legible  type,  not   smaller  than   eight-point 
heavy  Gothic  caps,  or  plainly  written,  a  statement  certifying: 
1.  The  net  weight  or  measure  in  the  package.     *     *     * 
3.  The  name  and  address  of  the  manufacturer,  importer,  dealer 
or  agent.     *     *     * 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  19,  p.  2349. 

Sec.  7623  (1919).  Fertilizer,  net  weight  to  be  marked. — That  any 
person,  firm  or  corporation,  their  agent  or  employe  who  shall 
offer,  sell  or  expose  for  sale  by  sample  or  otherwise  in  the  State  of 
Nebraska  any  commercial  fertilizer  or  fertilizer  material,  the  sell- 
ing price  of  which  is  more  than  three  dollars  per  ton,  shall  attach 
to  each  bag  or  package  in  a  conspicous  place  on  the  outside  thereof 
or  furnish  to  the  purchasers  of  goods  sold  in  bulk  a  plainly  printed 
certificate  giving  the  items  as  listed  below  and  in  the  following  order : 

1.  Number  of  pounds  net  in  the  package  sold. 

2.  Brand  name  or  trade-mark  under  which  the  package  is 
sold.     *     *     * 

Comp.  Stats.,  1922,  Part  2,  ch.  35,  Art.  2,  p.  1134. 

See.  3408  (1873).  Same;  measures  and  toll  dishes. — He  [the  owner 
or  occupier  of  public  mill]  shall  keep  in  his  mill  an  accurate  half- 
bushel  measure  and  an  accurate  set  of  toll  dishes. 

Comp.  Stats.,  1922,  Part  3,  Title  7,  Art.  5,  p.  2601. 

See.  8440  (1919).  Standard  measurements  of  water;  miner's  inch. — 
The  standard  of  measurement  for  flowing  water,  both  for  deter- 
mining the  flow  of  water  in  natural  streams  and  for  the  purpose  of 
distributing  it  therefrom  when  appropriations  shall  have  been  made 
for  direct  flow  shall  be  one  cubic  foot  per  second  of  time.  The 
standard  of  measurement  of  the  volume  of  water  shall  be  one  acre 
foot,  equivalent  to  forty-three  thousand  five  hundred  sixty  cubic 
feet,  and  when  water  is  stored  in  any  natural  or  artificial  reservoir, 
this  standard  shall  be  used  for  determining  the  capacity  of  storage 
reservoirs,  the  amount  stored  and  the  amount  used  therefrom.  One 
"  miner's  inch  "  shall  be  one-fiftieth  of  one  cubic  foot  per  second. 

Sec.  8445.  Headgates  in  measuring  devices;  failure  to  construct. — 
Persons  owning  or  controlling  any  ditch,  canal  or  reservoir  for  the 
purpose  of  storing  or  using  water  for  any  purpose  shall,  upon  thirty 
days'  notice  by  the  department,  construct  and  maintain  at  the  point 
of  diversion  a  substantial  headgate,  of  a  design  approved  by  the  de- 
partment so  built  that  it  may  be  closed,  or  partially  closed  ami 
fastened  at  any  stage  with  lock  or  seal.  They  shall  also  construct  a 
device  for  measuring  and  apportioning  the  water  appropriated, 
which  device  shall  be  of  a  design  approved  by  the  department  and 
built  at  the  most  practical  point  to  be  selected  and  fixed  by  it.  If 
they  shall  neglect  or  refuse,  for  a  period  of  ten  days,  to  construct 
such  headgate  and  measuring  device  the  department  shall  refuse 
to  allow  any  water  to  be  delivered  to  or  used  by  or  through  any  such 
ditch,  canal  or  reservoir  or  any  other  contrivance  or  device  for  ap- 
propriating, using  or  storing  water,  and  the  department  may  con- 
struct bars  or  dams  or  other  obstructions  to  prevent  such  delivery 
or  use. 


490  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  8450  (al921).  Measuring  devices,  how  constructed. — Under  the 
direction  of  the  department  of  public  works,  managers  or  operators 
of  interstate  ditches  shall  construct  and  maintain  a  suitable  measur- 
ing device  at  or  near  the  State  line  in  Nebraska.  Thirty  days  after 
receipt  of  notice  from  the  department  of  public  works  shall  be  the 
time  allowed  for  the  construction  and  completion  of  said  measuring 
device,  and  daily  gage  height  reports  of  water  passing  through  said 
measuring  device  shall  be  furnished  to  the  department  from  the  be- 
ginning to  the  end  of  the  irrigation  season,  in  such  form  and  manner 
as  shall  be  recommended  by  the  department.  '  Failure  of  any  person 
or  persons  operating  or  in  control  of  said  canals  to  comply  with  the 
provisions  of  this  section  shall  be  deemed  a  misdemeanor,  and  such 
person  or  persons,  upon  conviction  thereof,  shall  each  be  fined  in  the 
sum  of  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars. 

Comp.  Stats.,  1922,  Part  2,  ch.  2,  Art.  5,  p.  146. 

Sec.  146  (1911).  Furnish  scales  and  yards. — Every  stockyard  shall 
furnish  scale  facilities  sufficient  to  weigh  all  livestock  without  un- 
reasonable delay.  It  shall  furnish  yardage  to  handle  all  livestock 
in  yards  and  no  charge  shall  be  made  for  j^ardage  where  yards  are 
not  furnished. 

Comp.  Stats.,  1922,  Part  2,  ch.  59,  Art.  5,  p.  1691. 

Sec.  5371  (1921).  Mixed  shipments  defined. — "Mixed  shipments"  of 
livestock  as  used  in  this  act  include  car  lots,  containing  two  or  more 
of  the  following  classes  of  livestock :  Cattle,  sheep,  hogs  and  goats. 

Sec.  5372.  Carload,  minimum  weights. — Seventeen  thousand  pounds 
shall  be  the  minimum  weight  for  a  carload  of  such  mixed  stock 
shipped  in  a  single-deck  standard  car  of  approximately  thirty-six 
feet  in  length.  Such  minimum  weight  shall  be  more  or  less  than 
seventeen  thousand  pounds  in  proportion  as  such  car  is  more  or 
less  than  thirty-six  feet  long.  In  a  mixed  shipment  of  livestock, 
the  rate  of  the  species  having  the  highest  rate  may  be  the  rate  of 
such  shipment. 

Sec.  5373.  Violation;  penalty. — Any  railroad  comapny  failing  to 
comply  with  the  provisions  of  this  act  shall  be  subject  to  a  penalty 
of  not  less  than  twenty  dollars,  nor  more  than  one  hundred  dollars, 
for  each  and  every  violation  of  this  act;  said  penalty  may  be  re- 
covered for  the  use  of  the  county  in  a  civil  action  in  the  name  of  the 
State  by  the  county  attorney  of  any  county  through  which  such 
railroad  may  pass. 

Comp.  Stats.,  1922,  Part  2,  ch.  59,  Art.  5,  p.  1691. 

Sec.  5346  (1911).  Weighing  cars,  freight.— The  Nebraska  State  rail- 
way commission  shall  have  power,  and  it  shall  be  its  duty  to  enforce 
reasonable  regulations  for  the  weighing  of  cars  and  of  freight  offered 
for  shipment  or  transported  within  this  State. 

Sec.  5347.  Track  scales. — All  track  scales  used  by  common  carriers 
for  the  purpose  of  weighing  freight  shipped  in  carload  lots  within 
this  State  shall  be  under  the  control  and  direction  and  jurisdiction  of 
the  commission  and  subject  to  inspection  by  it  or  under  its  direction. 

Sec.  5348.  Same,  inefficient. — The  commission  shall  have  power 
either  on  its  own  motion  or  on  complaint  being  made  to  determine 


NEBRASKA  491 

whether  any  such  track  scale  is  defective  or  inefficient,  or  whether 
the  time,  manner  or  method  of  using  same  is  unreasonable,  ineffective 
or  unjust,  and  shall  have  power  to  condemn  any  such  scale  found  to 
be  defective  or  inefficient  and  prohibit  the  use  of  the  same  while  in 
that  condition,  and  to  render  such  decision  and  to  make  such  order, 
rule  or  regulation  as  may  be  deemed  necessary  or  advisable. 

Sec.  5349.  Violation  of  act;  penalty. — Any  officer,  agent  or  repre- 
sentative of  any  railway  company  or  common  carrier,  who  shall  vio- 
late any  of  the  provisions  of  the  five  next  preceding  sections,  or  who 
shall  fail  or  refuse  to  obey  and  carry  out  any  decision,  order,  rule  or 
regulation  of  the  Nebraska  State  Railway  Commission,  duly  entered 
in  conformity  with  the  provisions  of  the  five  next  preceding  sections, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined 
for  each  offense  a  sum  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  ten  days  nor  more  than  thirty  days,  or  both. 

Sec.  5350  (1907).  Track  scales. — Every  person,  firm  or  corporation 
engaged  in  operating  any  railroad  within  the  State  of  Nebraska, 
over  which  coal  and  other  commodities  in  carload  lots  shall  be  trans- 
ported for  hire,  shall  equip  the  line  of  its  track  and  thereafter  main- 
tain thereon  in  good  order  track  scales  of  sufficient  capacity  to  weigh 
full  carloads  of  any  and  all  kinds  of  merchandise,  coal,  grain  or 
other  property  that  may  be  transported  over  the  said  railroad,  and 
to  weigh  the  same  at  the  request  of  any  owner,  consignor  or  con- 
signee of  such  property  and  furnish  written  certificates  of  such 
weights  to  such  owner,  consignor  and  consignee  as  hereinafter  pro- 
Added. 

Sec.  5351.  Same,  where  installed. — Such  track  scales  shall  be  so 
installed  and  maintained  at  all  division  stations  along  the  line  of 
such  railroads  within  the  State  of  Nebraska,  and  at  such  other  sta- 
tions as  the  State  railway  commission  shall  from  time  to  time  direct. 

Sec.  5352.  Weighing  certificates. — The  owner,  consignor  or  consignee 
of  any  carload  lots  of  grain,  coal,  merchandise  or  other  property  in 
course  of  transportation  over  any  railway  within  the  State,  trans- 
porting the  same  for  hire,  may  request  in  writing  any  agent  of  the 
operators  of  such  railway  to  weigh  any  such  carloads  of  grain,  coal, 
merchandise  or  other  property  in  course  of  transportation  and,  upon 
such  request  being  received,  it  shall  become  the  duty  of  the  operators 
of  such  railroad  to  weigh  the  car  or  cars  designated  in  such  written 
request,  together  with  their  contents,  upon  such  track  scale  as  may 
be  designated  in  such  written  request,  over  which  such  car  or  cars  in 
the  regular  course  of  transit  will  thereafter  pass,  and  deliver  to  the 
person  making  such  request  a  written  certificate  showing  the  name 
and  number  of  the  car  so  weighed,  the  date  of  the  taking  of  such 
weight  and  the  place  where  weighed,  with  the  number  of  pounds  of 
gross  and  net  weights,  after  deducting  the  tare  marked  on  the  car 
from  such  gross  weight.  The  certificate  so  executed  and  delivered 
shall  be  admissible  evidence  against  such  railway  company  in  any 
legal  proceeding  thereafter  instituted  or  then  pending  against  any 
such  carrier  weighing  and  transporting  the  property  contained  in 
such  car  or  cars  of  all  the  facts  stated  in  such  certificate. 

Sec.  5353.  Same,  where  no  scales. — Wherever  any  carload  lot  of  mer- 
chandise, coal,  grain  or  other  property  shall  be  delivered  for  trans- 


492  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

portation  for  hire  to  any  carrier  by  railroad  within  this  State  con- 
signed to  any  person  at  a  station  on  the  line  of  the  railroad  of  such 
carrier,  or  upon  any  other  railroad  within  this  State,  where  no 
track  scale  is  located  and  maintained,  and  such  car  in  the  course 
of  transit  will  not  pass  a  track  scale  on  the  line  of  such  connecting 
carrier,  it  shall  immediately  become  the  duty  of  such  initial  carrier 
to  cause  the  same  to  be  weighed  in  the  manner  required  by  the  next 
preceding  section  on  the  track  scale  located  nearest  the  station  to 
which  such  car  is  consigned,  and  to  stamp  upon  the  way  bill  for 
such  car,  all  of  the  matters  required  to  be  set  out  in  the  certificate 
provided  for  in  the  next  preceding  section;  but  where  coal,  grain, 
merchandise  or  other  property  in  carload  lots  is  consigned  to 
stations  where  track  scales  are  located  and  the  consignee  requests 
the  same  weighed,  such  weights  shall  be  taken,  both  gross  and  tare, 
with  the  car  uncoupled,  on  such  track  scales  at  the  point  of  desti- 
nation. 

Sec.  5354.  Violation  of  act.— Any  railroad  company  operating  in 
this  State  violating  any  of  the  provisions  of  the  four  next  preceding 
sections,  by  neglecting  or  refusing  to  furnish  weights  as  herein  pro- 
vided, shall,  upon  conviction  thereof,  be  fined  in  the  sum  of  one 
hundred  dollars  for  each  and  every  such  violation  to  be  recovered 
by  the  State  in  an  action  in  its  name  upon  complaint  of  any  owner, 
consignor  or  consignee  of  the  property  which  such  carrier  may 
refuse  to  weigh  made  before  any  court  of  competent  jurisdiction. 

Comp.  Stats.,  1922,  Part  3,  Title  3,  Art.  6,  p.  2302. 

Sec.  7450  (1919).  Fraud  in  testing  milk  or  cream. — No  person  receiv- 
ing milk  or  cream  by  weight  or  test  or  by  weight  and  test,  shall 
fraudulently  manipulate  the  weights  of  milk  or  cream  or  take  unfair 
samples  thereof,  or  fraudulently  manipulate  such  samples  in  any 
way.  No  person  buying  and  paying  for  milk  or  cream  on  the  basis 
of  the  amount  of  fat  contained  therein  shall  under-read,  over-read  or 
otherwise  fraudulently  manipulate  the  Babcock  test  used  for  de- 
termining the  percentage  of  fat  in  milk  or  cream  or  to  falsify  the 
record  thereof  or  to  read  the  test  at  any  temperature  except  between 
135  degrees  and  140  degrees  Fahrenheit,  or  to  pay  on  the  basis  of 
any  measurement  or  weight  except  the  true  measurement  or  weight, 
which  is  seventeen  and  six-tenths  cubic  centimeters  for  milk  and 
nine  grams  for  cream.  In  all  tests  made  under  the  provisions  of 
this  section  the  cream  shall  be  weighed  into  the  test  bottle. 

Sec.  7451  (al921).  Standard  glassware  for  testing  milk  and  cream. — 
Every  person  buying  or  paying  for  milk  or  cream  on  a  basis  of  the 
amount  of  butter  fat  contained  therein  as  determined  by  the  Babcock 
test,  shall  use  standard  Babcock  test  bottles,  pipettes  and  weights, 
and  accurate  scales.  All  test  bottles,  pipettes  and  weights  shall  be 
inspected  by  the  department  of  dairy  husbandry  of  the  University  of 
Nebraska,  and  if  found  accurate  shall  be  legibly  marked  by  said 
department  with  the  letters  "S.  G.  N."  (Standard  Glassware 
Nebraska).  The  fee  for  such  standardization  shall  be  three  cents  for 
each  piece  of  glassware  and  each  weight  so  tested  and  marked,  and 
said  fee  shall  be  paid  to  the  department  of  dairy  husbandry.  No 
bottle,  pipette,  or  weight  shall  be  used  for  such  test  unless  so  exam- 
ined and  marked  by  said  department  of  dairy  husbandry  of  the  State 
university.    It  shall  be  unlawful  for  any  person  to  use  or  have  in 


NEBRASKA  493 

their  [his]  place  of  business  any  other  than  standard  test  bottles, 
pipettes,  and  weights  which  have  been  examined  and  marked  as 
provided  in  this  section. 

Sec.  7452.  Standards  for  scales  and  test  bottles  for  milk  and  cream. — 
For  the  purpose  of  this  article  the  scales  used  in  the  perform- 
ance of  the  Babcock  test  for  the  purchase  of  milk  or  cream  on  a 
butter  fat  basis  shall  be  of  the  one  bottle  type  and  sensitive  to  at 
least  twenty-five  milligrams  at  full  lead  [load].  The  standard 
milk  test  bottle  shall  have  a  total  per  cent  graduation  of  eight 
or  ten.  The  graduated  portion  of  the  neck  of  the  eight  per  cent 
bottle  shall  have  a  length  of  not  less  than  two  and  one-half  inches 
and  the  graduated  portion  of  the  neck  of  the  ten  per  cent  bottle 
shall  have  a  length  of  not  less  than  three  inches  and  each  shall 
be  graduated  to  tenths  per  cent.  The  error  at  any  point  of  the 
scale  shall  not  exceed  one-tenth  per  cent;  total  height  of  bottle 
shall  be  between  five  and  seven-eighths  and  six  and  one-half  inches. 
The  standard  cream  test  bottle  shall  be  a  fifty  per  cent,  nine  gram 
bottle,  the  total  per  cent  graduation  shall  be  fifty.  The  graduated 
portion  of  the  neck  shall  have  a  length  of  not  less  than  three  inches 
and  shall  be  graduated  to  five-tenths  per  cent.  The  error  at  any 
point  of  the  scale  shall  not  exceed  five-tenths  per  cent.  Total  height 
of  the  bottle  shall  be  between  five  and  seven-eighths  and  six  and 
one-half  inches. 

The  standard  Babcock  milk  pipette  shall  be  graduated  to  deliver 
seventeen  and  six-tenths  cubic  centimeters  of  water  at  20  degrees  C. 
in  five  to  eight  seconds,  the  standard  weight  shall  be  nine  grams. 

Sec.  7453.  Violation;  penalty. — Any  person  violating  any  of  the 
provisions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  three  months. 


NEVADA 

Rev.  Laws,  1912,  Vol.  1,  p.  1381. 

Sec.  4792  (1911).  Government  standards  of  weights,  measures,  etc., 
adopted. — The  standard  weights  and  measures  as  have  been  adopted 
by  the  Government  of  the  United  States  of  America,  and  such 
weights,  measures,  balances  and  measuring  devices  as  heretofore 
have  been,  or  hereafter  may  be,  furnished  this  State  by  the  United 
States,  as  standard  weights,  measures,  balances  and  measuring  de- 
vices, shall  be  the  legal  standard  of  weights  and  measures  through- 
out the  State  of  Nevada.  This  section  shall  not  prevent  the  use  of 
the  weights  and  measures  of  the  metric  system,  authorized  by  Con- 
gress of  the  United  States,  as  it  appears  in  the  Revised  Statutes  of 
the  United  States. 

Sec.  4793.  Defining  yard  and  fractions. — The  unit  of  standard  meas- 
ure of  length  and  surface,  from  which  all  other  measures  of  ex- 
tension, whether  lineal,  superficial  or  solid,  shall  be  derived  and 
ascertained,  is  the  standard  yard,  adopted  by  the  Government  of  the 
United  States.  The  yard  shall  be  divided  into  three  equal  parts, 
called  feet,  and  each  foot  into  twelve  equal  parts,  called  inches.  For 
the  measure  of  cloth  and  other  commodities  commonly  sold  by  the 
yard,  it  may  be  divided  into  halves,  quarters,  eighths  and  sixteenths. 

Sec.  4794.  Defining  rod,  perch,  and  mile. — The  rod,  pole,  or  perch 
shall  contain  five  and  a  half  standard  yards,  and  the  mile,  one  thou- 
sand seven  hundred  and  sixty  such  yards.  The  chain  for  measur- 
ing land  shall  be  twenty-two  standard  yards  long,  and  be  divided 
into  one  hundred  equal  parts,  called  links. 

Sec.  4795.  Acre  and  square  mile  defined. — The  acre  for  land  measure 
shall  be  measured  horizontally,  and  contain  ten  square  chains,  and 
be  equivalent  in  area  to  a  rectangle  sixteen  rods  in  length  and  ten 
rods  in  breadth.  Six  hundred  and  forty  acres  shall  be  contained  in 
a  square  mile. 

Sec.  4796.  Perch. — The  perch  of  mason  work  or  stone  shall  consist 
of  twenty-five  cubic  feet. 

Sec.  4797.  Units  of  weight. — The  units  of  standards  of  weights 
from  which  all  other  weights  shall  be  derived  and  ascertained  shall 
be  the  standard  avoirdupois  and  troy  weights  adopted  by  the  Gov- 
ernment of  the  United  States. 

Sec.  4798.  Pound;  ton;  ounce. — The  avoirdupois  pound  which  bears 
to  the  troy  pound  the  ratio  of  seven  thousand  to  five  thousand  seven 
hundred  and  sixty,  shall  be  divided  into  sixteen  equal  parts  called 
ounces.  The  hundredweight,  except  of  pig  iron  and  iron  ore,  shall 
consist  of  one  hundred  avoirdupois  pounds,  and  twenty  hundred- 
weight shall  constitute  a  ton.  The  troy  ounce  shall  be  equal  to  the 
twelfth  part  of  a  troy  pound.  Whenever  hereafter  in  this  act  the 
word  pound  is  used  it  shall  mean  the  avoirdupois  pound  unless  other- 
wise distinctly  specified. 

494 


NEVADA 


495 


Sec.  4799.  Gallon;  quart;  pint;  gill. — The  unit  of  standard  measure 
of  capacity  for  liquids  from  which  all  other  measures  of  liquid  shall 
be  derived  and  ascertained  shall  be  the  standard  gallon,  adopted 
by  the  Government  of  the  United  States.  The  half -gallon,  quart, 
pint,  half-pint  and  gill  measures  for  measuring  liquids  shall  be  de- 
rived from  the  gallon  by  dividing  it  and  each  successive  measure 
by  two. 

Sec.  4800.  Barrel;  hogshead. — The  barrel  shall  contain  thirty-one 
and  one-half  gallons  and  two  barrels  shall  constitute  a  hogshead. 

Sec.  4801.  Bushel,  etc. — The  unit  of  standard  measure  of  capacity 
for  commodities  other  than  liquids,  from  which  all  other  measures 
of  such  commodities  shall  be  derived  and  ascertained,  shall  be  the 
standard  bushel  measure  adopted  by  the  Government  of  the  United 
States.  The  half-bushel,  peck,  half-peck,  quarter-peck,  quart,  and 
pint  measures  for  measuring  commodities  other  than  liquids  shall  be 
derived  from  the  bushel  by  dividing  it  and  each  successive  measure 
by  two. 

Sec.  4802.  Barrel  and  bushel  of  certain  commodities. — Whenever  any 
of  the  following  articles  shall  be  contracted  for,  or  sold,  or  de- 
livered, and  no  special  contract  or  agreement  shall  be  made  to  the 
contrary,  such  sale  and  computations  for  payment  or  settlement 
thereof  shall  be  by  weight.  The  net  weight  per  barrel  or  bushel, 
or  divisible  merchantable  quantities  of  a  barrel  or  bushel,  shall  be 
as  follows:1 

Wheat  flour—  Pounds 

Per  barrel 196 

Per  half-barrel 98 

Per  quarter-barrel  sack 49 

Per  one-eighth-barrel  sack 24 

Per  one-sixteenth-barrel  sack.     12 

And  the  following  commodities  per  bushel; 


Corn  meal —  Pounds 

Per  bushel  sack 48 

Per  half -bushel  sack 24 

Per  quarter-bushel  sack 12 


Pounds 

Wheat 60 

Rye 56 

Indian  corn  on  the  ear 70 

Kaffir  corn 56 

Rice  corn 56 

Corn,  shelled 56 

Sorghum  seed ,1  50 

Buckwheat 50 

Barley 48 

Malt 32 

Bran 20 

Beans 60 

Clover  seed 60 

Hungarian  and  millet  seed 50 

Potatoes 60 

Sweet  potatoes 50 

Turnips 56 

Flaxseed 56 


Pounds 

Onions 57 

Salt 80 

Castor  beans 46 

Hemp  seed 48 

Native  blue-grass  seed 14 

English  blue-grass  seed 22 

Timothy  seed 45 

Dried  peaches 33 

Dried  apples 24 

Green  apples 48 

Parsnips 50 

Carrots 50 

Beets,  __■ 56 

Tomatoes 56 

Peaches 48 

Shelled  dried  peas 60 

Alfalfa  seed 60 

Oats 32 


Sec.  4803.  Standard  bread  loaf. — A  standard  loaf  of  bread  sold  or 
offered  for  sale  in  this  State  shall  weigh  one  pound  and  a  standard 
loaf  of  bread  need  not  be  labeled  with  a  statement  of  its  weight. 
Whenever  a  loaf  of  bread  sold  or  offered  for  sale  weighs  more  or  less 
than  a  pound,  it  shall  be  labeled  in  plain,  intelligible  English  words 


1  For  convenience  In  printing  a  slight  change  has  been  made  in  arrangement  of  articles. 
517—26 32 


496  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

and  figures  with  its  correct  weight,  together  with  the  name  of  its 
manufacturer. 

Sec.  4804.  Butter. — Butter  in  a  standard  package  or  container,  sold 
or  offered  for  sale  in  this  State,  shall  weigh  one  pound  and  a  standard 
package  or  container  of  butter  need  have  no  statement  of  the  net 
weight  of  its  contents  thereon.  Whenever  butter  is  sold  or  offered 
for  sale  in  a  package  or  container,  the  net  weight  of  which  is  more 
or  less  than  one  pound,  such  package  or  container  shall  be  labeled 
in  plain,  intelligible  English  words  and  figures  with  the  correct  net 
weight  of  its  contents,  together  with  the  name  of  the  manufacturer 
or  jobber. 

Sec.  4805.  Milk  or  cream. — All  milk  or  cream  that  is  sold  or  offered 
for  sale  in  this  State  in  bottles  shall  be  sold  or  offered  for  sale  only 
in  bottles  containing  standard  gallons,  half -gallons,  quarts,  pints  or 
half-pints.  All  other  liquid  commodities  shall  be  sold  only  by 
standard  liquid  measure  or  standard  weight,  except  where  parties 
otherwise  agree. 

Sec.  4806.  Berries  and  small  fruits. — Berries  and  small  fruits  when- 
ever sold  or  offered  for  sale  in  this  State  in  boxes,  shall  be  sold  or 
offered  for  sale  in  boxes  containing  a  standard  dry  quart  or  dry  pint, 
and  if  said  boxes  contain  more  or  less  than  this  amount  the  informa- 
tion must  be  given  the  purchaser,  or  such  boxes  must  be  labeled  in 
plain,  intelligible  English  words  and  figures  with  a  correct  statement 
of  the  quantity  of  its  contents. 

Sec.  4807.  Firewood. — A  standard  cord  of  firewood  sold  or  offered 
for  sale  in  this  State  shall  be  and  contain  one  hundred  and  twenty- 
eight  cubic  feet,  well  stowed  and  packed.  And  when  delivering 
firewood  to  a  purchaser  the  vender  shall  give,  or  cause  to  be  given 
therewith  to  such  purchaser,  a  written  statement  of  the  quantity,  in 
terms  of  the  standard  cord,  of  the  firewood  so  delivered. 

Sec.  4808.  Ton  of  coal;  statement  of  weight  furnished;  weight  by 
sack. — A  standard  ton  of  coal  sold  or  offered  for  sale  in  this  State 
shall  weigh  two  thousand  pounds.  And  when  delivering  coal  to  a 
purchaser  the  vender  shall  give,  or  cause  to  be  given,  therewith  to 
such  purchaser  a  written  statement  of  the  weight,  in  terms  of  the 
standard  ton,  of  the  coal  so  delivered.  When  coal  is  sold  by  the  sack 
the  contents  of  such  sack  shall  weigh  one  hundred  pounds. 

Sec.  4809.  All  packages  to  bear  correct  statement  of  weight,  number, 
etc.;  proviso. — It  shall  be  unlawful  for  any  person  to  put  up  any 
commodity  or  article  of  merchandise  into  a  package  or  container  and 
sell  or  offer  for  sale  in  this  State  such  commodity  or  article  of  mer- 
chandise in  that  form  without  having  such  package  or  container 
labeled  in  plain,  intelligible  English  words  and  figures  with  a  cor- 
rect statement  of  the  net  weight,  measure  or  numerical  count  of  its 
contents:  Provided,  That  nothing  in  this  section  shall  prevent  the 
putting  up  of  commodities  or  articles  of  merchandise,  which  have 
been  previously  sold  by  net  weight,  measure  or  numerical  count,  into 
packages  or  containers  for  the  purpose  of  delivering  or  transporting 
such  commodities  or  articles  of  merchandise. 

Sec.  4810.  Sale  by  true  net  weight;  mutual  agreement,  when. — It 
shall  be  unlawful  for  any  person  to  sell  or  offer  for  sale  in  this  State 
any  commodity  or  article  of  merchandise,  except  by  true  net  weight, 
measure  or  numerical  count,  except  where  the  parties  otherwise  agree. 
Contracts  for  work  to  be  done,  or  for  anything  to  be  sold  by  weight 


NEVADA  497 

or  measure,  shall  be  construed  according  to  the  standards  hereby 
adopted  as  the  standards  of  this  State,  except  where  the  parties  have 
agreed  upon  any  other  calculations  or  measurement,  and  all  state- 
ments and  representations  of  any  kind  referring  to  the  weight  or 
measure  of  commodities  or  articles  of  merchandise  shall  be  understood 
in  the  terms  of  the  standards  of  weights  or  measures  aforesaid. 

Sec.  4811.  False  or  short  weight  or  measure  unlawful. — It  shall  be 
unlawful  for  any  person,  in  buying  or  selling  any  commodity  or  ar- 
ticle of  merchandise,  to  make  or  give  false  or  short  weight  or  measure, 
or  to  sell  or  offer  for  sale  any  commodity  or  article  of  merchandise 
less  in  weight  or  measure  than  he  represents,  or  to  use  a  weight, 
measure,  balance  or  measuring  device  that  is  false  and  does  not  con- 
form to  the  authorized  standard  for  determining  the  quantity  of  any 
commodity  or  article  of  merchandise,  or  to  have  a  weight,  measure, 
balance  or  measuring  device  adjusted  for  the  purpose  of  giving  false 
or  short  weight  or  measure,  or  to  use  in  buying  or  selling  of  any  com- 
modity or  article  of  merchandise  a  computing  scale  or  device  indi- 
cating the  weight  and  price  of  such  commodity  or  article  of  mer- 
chandise upon  which  scale  or  device  the  graduations  or  indications 
are  falsely  or  inaccurately  placed,  either  as  to  weight  or  price. 

Sec.  4812.  Penalties;  treble  damages  to  sufferer;  proviso. — Any  per- 
son who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof  before 
the  justice  of  the  peace  having  jurisdiction  of  the  offense,  shall  be 
fined  in  a  sum  not  to  exceed  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment,  and  any  weight,  measure,  balance  or  measur- 
ing device  which  shall  have  been  used  by  him  in  such  violation  shall 
be  ordered  confiscated  and  destroyed.  He  shall  also  be  liable  in. 
damages  to  the  party  injured  by  his  violation  in  treble  the  amount 
of  the  property  wrongfully  taken  or  not  given  and  twenty  dollars 
in  addition  thereto,  to  be  recovered  in  a  court  of  competent  juris- 
diction. The  selling  and  delivery  of  any  commodity  or  article  of 
merchandise  shall  be  prima  facie  evidence  of  the  representation  on 
the  part  of  the  vender,  that  the  quantity  sold  and  delivered  was  the 
quantity  bought  by  the  vendee.  There  shall  be  taken  into  consider- 
ation the  usual  and  ordinary  leakage,  evaporation  or  waste  that 
there  may  be  from  the  time  a  package  or  container  is  filled  by  the 
vender  until  he  sells  the  same.  A  slight  variation  from  the  stated 
weight,  measure  or  quantity  for  individual  packages  is  permissible: 
Provided,  That  variation  is  as  often  above  as  below  the  weight, 
measure  or  quantity  stated. 

Sec.  4813.  District  attorney  to  prosecute. — It  shall  be  the  duty  of  the 
district  attorney  to  prosecute  all  violations  of  the  provisions  of  this 
act  occurring  within  his  county. 

Sec.  4814,  as  amended  by  Laws,  1913,  ch.  228,  p.  325.  Sealer  of 
weights  and  measures;  duties;  standards  same  as  United  States. — The 
commissioner  appointed  by  the  board  of  control  of  the  Nevada 
Agricultural  Experiment  Station  [president  and  board  of  regents 
of  the  university2]  is  hereby  designated  and  constituted  sealer  of 
weights  and  measures  and  shall  be  charged  with  the  proper  enforce- 
ment of  the  provisions  of  this  act,  and  he  may  appoint  such  deputy 

•See  Laws,  1915,  ch.  98,  sec.  5,  Infra. 


498  LAWS  CONCEBNING  WEIGHTS  AND  MEASUBES 

or  deputies  as  he  may  deem  necessary  therefor.  He  shall  have  the 
care  and  custody  of  the  authorized  public  standards  of  weights  and 
measures,  and  of  balances  and  other  apparatus  of  all  kinds  owned 
by  the  State  under  section  1  of  this  act  [section  4792].  He  shall 
maintain  the  State  standards  in  good  order  and  submit  them  at 
least  once  in  every  ten  years  to  the  National  Bureau  of  Standards 
for  verification.  He  shall  at  once,  after  the  approval  of  this  act, 
obtain  from  the  Government  of  the  United  States  all  standard 
weights  and  measures  mentioned  in  this  act  which  this  State  does 
not  at  that  time  own. 

Sec.  4815.  Duties  of  sealer  and  assistants. — It  shall  be  the  duty  of 
the  sealer  and  his  duly  authorized  deputy  to  test  and  prove  all 
weights,  measures,  balances  and  measuring  devices  when  requested 
so  to  do  by  any  person,  without  expense  to  such  person,  and  when 
the  same  are  found  or  made  to  conform  to  the  authorized  standards 
he  shall  seal  and  mark  such  weights,  measures,  balances  and  measur- 
ing devices  with  a  seal  to  be  kept  by  him  for  that  purpose.  It 
shall  be  the  duty  of  the  sealer  and  his  deputy  to  inspect  and  test  all 
weights,  measures,  balances  and  measuring  devices  and  when  any 
weight,  measure,  balance  or  measuring  device  is  found  by  the  sealer 
or  his  deputy  or  deputies  to  be  false  or  untrue  or  not  of  the  approved 
type,  or  which  does  not  conform  to  the  standards,  or  which  cannot 
be  made  to  conform  to  the  standards  by  such  means  as  the  sealer  or 
his  deputy  may  have  at  his  disposal  he  shall  condemn  the  same  and 
mark  it  condemned  in  a  conspicuous  manner,  and  such  condemnation 
mark  shall  not  be  removed  or  defaced  except  by  authorization  of  the 
said  sealer  or  his  deputy.  It  shall  be  the  duty  of  the  sealer  and  his 
deputy  to  inspect  packages  or  containers  of  commodities  or  articles 
of  merchandise,  put  up  and  sold  or  offered  for  sale  in  this  State, 
and  he  shall  mark  in  a  conspicuous  manner  any  package  or  container 
which  does  not  have  a  statement  of  the  net  weight,  measure  or 
numerical  count  of  its  contents  on  it,  and  such  mark  shall  not  be 
removed  or  defaced  except  by  authorization  of  the  said  sealer  or 
his  deputy.  Whenever  the  sealer  or  his  deputy  has  reason  to  believe 
that  there  has  been  a  violation  of  any  of  the  provisions  of  this  act 
he  shall  swear  to,  or  cause  to  be  sworn  to,  a  complaint  before  the 
justice  of  the  peace  having  jurisdiction,  charging  the  suspected 
person  with  a  misdemeanor,  and  shall  take  charge  of,  pending 
the  trial  of  the  accused  person,  the  weight,  measure,  balance  or 
measuring  device  used  in  such  suspected  violation. 

Sec.  4816.  Powers  of  sealer  and  deputies. — The  sealer  and  his  duly 
authorized  deputy  shall  have  full  power  to  enter  any  premises  in  or 
on  which  any  weights,  measures,  balances  or  measuring  devices  may 
be  located  or  used  for  the  purpose  of  trade,  or  any  premises  in  or 
on  which  any  commodities  or  articles  of  merchandise  are  put  up  into 
packages  or  containers  for  the  purposes  of  trade,  for  the  purpose 
of  inspecting,  adjusting,  sealing,  condemning  or  marking  such 
weights,  measures,  balances  or  measuring  devices  and  such  packages 
or  containers. 

Sec.  4817.  Unlawful  to  obstruct  sealer  or  deputies. — It  shall  be 
unlawful  for  any  person  to  hinder,  obstruct  or  in  any  way  interfere 
with  the  sealer  or  his  duly  authorized  deputy  while  in  the  perform- 
ance of  said  inspection,  and  it  shall  be  unlawful  for  any  person  to 


NEVADA  499 

fail  to  produce  upon  demand  by  the  sealer  or  his  deputy  all  weights, 
measures,  balances  or  measuring  devices  and  all  packages  or  con- 
tainers of  commodities  or  articles  of  merchandise,  in  or  upon  his 
place  of  business  or  in  his  possession,  for  use  in  manufacture  or 
trade.  Any  such  person  so  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  to  exceed  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

Sec.  4818.  Sealer  must  test  before  condemning  weights,  etc. — If  the 
sealer  or  any  of  his  deputies  shall  seal  any  weight,  measure,  balance 
or  measuring  device  before  first  testing  and  making  the  same  con- 
form to  the  authorized  standard  or  if  he  shall  condemn  or  take 
charge  of  any  weight,  measure,  balance  or  measuring  device  without 
first  testing  the  same,  the  one  so  doing  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction  shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars. 

Sec.  4819.  Neglect  of  duty  by  sealer  or  deputies,  how  punished. — If 
the  sealer  or  any  of  his  deputies  neglects  to  keep  the  standards  under 
his  charge  in  good  order  or  repair,  or  suffers  any  of  them  through 
his  neglect  to  be  lost,  damaged  or  destroyed,  or  fails  to  perform  any 
of  the  duties  imposed  upon  him  by  this  act,  the  one  so  doing  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  in 
a  court  of  competent  jurisdiction,  shall  be  subject  to  a  fine  of  not  less 
than  ten  dollars  nor  more  than  two  hundred  dollars. 

Sec.  4820.  Sealer  to  keep  record. — The  sealer  shall  keep  a  record  of 
all  the  weights,  measures,  balances  or  other  measuring  devices  sealed, 
and  of  all  convictions  had  and  confiscations  made  under  this  act  and 
shall  make  an  annual  report  to  the  governor  on  or  before  January 
first  of  each  year,  a  copy  of  which  shall  be  filed  with  the  National 
Bureau  of  Standards.  He  shall  issue  from  time  to  time  regulations 
for  the  guidance  of  his  deputies  and  the  said  regulations  shall  gov- 
ern the  procedure  to  be  followed  by  the  aforesaid  deputies  in  the  dis- 
charge of  their  duties. 

Sec.  4821.  Terms  defined. — The  terms  "package"  and  "container" 
as  used  in  this  act  shall  include  any  carton,  box,  barrel,  bag,  keg, 
drum,  bundle,  jar,  jug,  crock,  demijohn,  bottle,  crate,  basket,  hamper, 
pail,  can,  parcel,  package  or  paper  wrapper. 

Sec.  4822.  Person  defined. — The  term  "  person  "  as  used  in  this  act 
shall  be  construed  to  impart  both  singular  and  plural  as  the  case  de- 
mands and  shall  include  corporation,  company,  society  and  associa- 
tion. When  construing  and  enforcing  the  provisions  of  this  act  omis- 
sion or  failure  of  any  officer,  agent  or  other  person  acting  for  or  em- 
ployed by  any  corporation,  company,  society  or  association  within  the 
scope  of  his  employment  or  office,  shall  in  every  case  be  also  deemed 
omission  or  failure  of  such  corporation,  company,  society  or  associa- 
tion, as  well  as  that  of  the  person. 

Sec.  4823.  Appropriation.— The  sum  of  four  thousand  dollars  is 
hereby  appropriated  out  of  any  money  in  the  State  treasury,  not 
otherwise  appropriated,  for  the  compensation  of  sealer,  deputy  or 
deputies,  office  supplies  and  for  apparatus  necessary  to  carry  out  the 
provisions  of  this  act.    The  State  controller  is  hereby  authorized  to 


500  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

draw  his  warrants  for  the  sum  herein  appropriated  in  favor  of  the 
Nevada  Agricultural  Experiment  Station,  and  the  State  treasurer  is 
hereby  directed  to  pay  the  same. 

Laws,  1915,  ch.  98,  p.  115. 

Sec.  1.  "  Public  service  division  "  of  University  of  Nevada. — It  is 
hereby  provided  that  the  several  public  service  departments  of 
the  University  of  Nevada  be  consolidated  into  a  "  public  service 
division  "  of  the  University  of  Nevada. 

Sec.  2.  Departments  included. — The  public  service  division  of  the 
University  of  Nevada  shall  consist  of  the  following  public  service 
departments,  which  have  been  conducted  heretofore  by  authority 
of  statutes  of  the  State  of  Nevada,  enumerated  as  follows :     *     *     * 

4.  Weights  and  measures,  provided  for  in  sections  4792-4823,  inclu- 
sive, of  the  Revised  Laws  of  the  State  of  Nevada,  1912,  as  amended 
chapter  228,  Session  Laws  of  the  State  of  Nevada,  twenty-sixth 
session,  1913;     *     *     * 

Sec.  3.  Regents  to  appoint  heads  of  departments. — The  board  of 
regents  of  the  University  of  Nevada,  upon  recommendation  of  the 
president,  shall  designate  and  appoint  a  qualified  individual  to 
conduct  each  of  these  various  departments  of  the  public  service 
division,  and  shall  grant  him  such  assistants  as  they  deem  necessary, 
and  the  powers  and  duties  of  these  individuals  appointed  as  herein 
provided  shall  be  as  stated  in  the  statutes  establishing  each  of  these 
several  departments  of  the  public  service  division:  Provided,  how- 
ever, That  in  those  instances  wherein  the  statutes  concerned  impose 
upon  the  individual  appointed  as  herein  provided  any  police  power, 
the  appointment  shall  receive  the  approval  of  the  governor  of  the 
State. 

Sec.  4.  Rules  and  regulations. — All  rules  and  regulations  necessary 
for  the  proper  administration  and  enforcement  of  the  statutes  es- 
tablishing the  departments  comprehended  in  this  public  service 
division  of  the  University  of  Nevada  shall  be  made  by  the  president 
and  board  of  regents  of  the  University  of  Nevada. 

Sec.  5.  Words  substituted. — Wherever  in  any  of  these  statutes  estab- 
lishing the  departments  comprehended  in  the  public  service  division 
of  the  University  of  Nevada  any  individual,  official,  or  department 
of  the  university  is  mentioned,  there  shall  be  substituted  the  words 

president  and  board  of  regents  of  the  university." 

Laws,  1923,  ch.  92,  p.  156. 

Sec.  1.  Office  of  public  weighmaster  created;  bond. — Any  persons, 
firms,  corporations,  copartners  or  individuals  engaged  in  the  busi- 
ness of  public  weighing  for  hire,  or  any  person,  firm  or  corporation 
who  shall  weigh  or  measure  any  commodity,  produce,  article  or 
articles,  and  issue  therefor  a  weight  certificate  which  shall  be  ac- 
cepted as  the  accurate  weight  upon  which  the  purchase  or  sale  of 
such  commodity,  produce,  article  or  articles  is  based,  may,  upon 
application  as  hereinafter  described,  be  known  as  a  public  weigh- 
master, and  shall  file  a  bond  with  the  State  sealer  of  weights  and 
measures  in  the  sum  of  one  thousand  dollars  for  the  faithful  per- 
formance of  his  duties,  and  shall  obtain  from  the  State  sealer  of 
weights  and  measures  a  seal  for  the  stamping  of  weight  certificates 
hereinafter  provided;  the  said  seals  shall  be  the  property  of  the 


NEVADA  501 

State,  and  shall  be  forfeited  and  returned  to  the  State  sealer  of 
weights  and  measures  upon  termination  of  the  appointment  herein 
prescribed  of  the  public  weighmaster.  Said  seal  shall  be  of  a  form 
and  design  prescribed  by  the  State  sealer  and  furnished  by  him  to  the 
weighmaster.  Said  seal  shall  be  a  recognized  authority  of  accuracy 
when  applied  to  weight  certificates. 

Sec.  2.  Weight  certificates. — The  State  sealer  of  weights  and  meas- 
ures shall  prescribe  a  form  of  weight  certificates  to  be  used  by  all 
public  weighmasters,  which  certificates  shall  be  known  as  the  "  State 
Certificate  of  Weights  and  Measures"  and  shall  state  thereon  the 
kind  of  product,  the  owner,  agent  or  consignee,  the  total  weight  of 
the  product,  the  number  of  units  of  same,  the  date  of  receipt  of  the 
product,  the  railroad,  team  or  other  means  by  which  the  product 
was  received,  any  trade  or  other  mark  thereon,  and  such  other 
information  as  may  be  necessary  to  distinguish  or  identify  the  prod- 
uct from  a  like  kind.  No  certificate  other  than  the  one  herein  pre- 
scribed shall  be  used  by  public  weighmasters. 

Sec.  3.  Record  of  public  weighings  must  be  kept. — All  public  weigh- 
masters shall  keep  and  preserve  correct  and  accurate  records  of  all 
public  weighings,  as  provided  by  this  act,  which  records  shall  at  all 
times  be  open  for  inspection  by  the  State  sealer  of  weights  and 
measures,  or  his  deputy. 

Sec.  4.  Uniform  rules;  weighing  fees. — The  State  sealer  of  weights 
and  measures  shall  make  uniform  rules  for  carrying  out  the  provi- 
sions of  this  act,  and  shall  designate  a  reasonable  fee  to  be  charged 
by  public  weighmasters  for  weighing,  such  fee  to  be  retained  by  the 
public  weighmaster  as  compensation  for  his  services. 

Sec.  5.  Penalty  for  false  certificate. — All  State  certificates  of  weights 
and  measures,  as  provided  by  this  act,  shall  contain  the  accurate 
and  correct  weight  of  any  and  all  commodities  weighed  when  issued 
by  the  public  weighmaster.  Any  public  weighmaster  who  shall 
issue  a  State  certificate  of  weights  and  measures  giving  a  false 
weight  or  measure  of  any  article  or  commodity  weighed  or  meas- 
ured by  him,  or  his  representative,  to  any  person,  firm  or  corpora- 
tion, shall  be  guilty  of  a  misdemeanor,  and  the  State  sealer  may 
direct  and  compel  the  return  to  him  of  the  State  seal,  or  declare  his 
bond  as  public  weighmatser  forfeited,  or  both. 

Sec.  6.  Penalty  for  encouraging  false  weighing. — Any  person,  firm,  or 
corporation  who  shall  request  the  public  weighmaster,  or  any  person 
employed  by  him  to  weigh  any  product,  commodity,  article  or  arti- 
cles falsely,  or  incorrectly,  or  who  shall  request  a  false  or  incorrect 
State  certificate  of  weights  and  measures,  or  any  person  issuing 
a  State  certificate  of  weights  and  measures  who  is  not  a  public 
weighmaster,  as  provided  for  in  this  act,  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  7.  Correctness  of  weight,  how  decided. — When  doubt  or  differ- 
ence arises  as  to  the  correctness  of  the  net  or  gross  weight  of  any 
amount,  or  part  of  any  commodity,  produce,  article  or  articles  for 
which  a  State  certificate  of  weights  and  measures  has  been  issued  by 
a  public  weighmaster,  the  owner,  agent  or  consignee  may,  upon 
complaint  to  the  State  sealer  of  weights  and  measures,  or  his  deputy, 
have  said  amount  or  part  of  the  amount  of  any  commodity,  produce, 
article  or  articles  reweighed  by  the  State  sealer  of  weights  and 
measures,  or  a  public  weighmaster  designated  by  him,  upon  deposit- 


502  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

ing  a  sufficient  sum  of  money  to  defray  the  actual  cost  of  reweighing 
with  the  State  sealer  of  weights  and  measures.  If,  on  reweighing, 
a  difference  in  the  original  weight  is  discovered  as  the  result  of 
fraud,  carelessness,  or  faulty  apparatus,  the  cost  of  reweighing  shall 
be  borne  by  the  public  weighmaster  responsible  for  the  issuance  of 
such  faulty  State  certificate  of  weights  and  measures.  All  public 
weighmasters  employing  or  designating  any  person  to  act  for  them 
as  deputy  public  weighmaster  shall  be  responsible  for  all  acts  per- 
formed by  such  person,  and  the  public  weighmaster  shall  forward  to 
the  State  sealer  of  weights  and  measures  the  name  and  address  of 
persons  so  appointed. 

Sec.  8.  Net  weight  defined. — When  any  product  is  sold  subject  to 
public  weighmaster  weights,  such  weight  shall  be  the  true  net 
weight  of  the  product.  Net  weight,  within  the  meaning  of  this 
act,  shall  be  the  correct  or  actual  weight  of  the  commodity,  ex- 
cluding the  weight  of  the  container. 

Sec.  9.  State  tsealers  to  appoint  public  weighmasters ;  apparatus  tested. — 
The  State  sealer  of  weights  and  measures  shall  appoint  public 
weighmasters :  Provided,  That  he  or  his  deputy  shall  test  all  weigh- 
ing apparatus  to  be  used,  inspect  the  premises  intended  for  such 
use  and  satisfy  himself  that  the  applicant  is  in  every  way  equipped, 
qualified,  competent  and  of  such  character  that  he  should  be  ap- 
pointed a  public  weighmaster.  The  State  sealer  of  weights  and 
measures,  if  satisfied  with  the  applicant's  qualifications,  shall  issue 
a  certificate  of  appointment  as  public  weighmaster,  for  which  there 
shall  be  a  charge  of  ten  dollars,  paid  to  the  State  sealer  of  weights 
and  measures,  which  amount  shall  be  used  by  said  State  sealer  of 
weights  and  measures  in  the  costs  incurred  under  the  premises  of 
this  act.  The  State  sealer  of  weights  and  measures  has  the  right 
to  suspend  or  revoke  the  authority  or  appointment  of  any  public 
weighmaster  at  any  time  for  cause  or  upon  complaint  filed. 

Sec.  10.  Person  defined. — The  term  "  person,"  as  used  in  this  act, 
shall  be  construed  to  imply  both  singular  and  plural  as  the  case 
demands,  and  shall  include  corporations,  company,  society,  and  as- 
sociation. When  constructing  and  enforcing  the  provisions  of  this 
act,  omission  or  failure  of  any  officer,  agent  or  other  person  acting 
for  or  employed  by  any  corporation,  company,  society,  or  associa- 
tion within  the  scope  of  his  employment  or  office  shall,  in  every  case, 
be  also  deemed  omission  or  failure  of  such  corporation,  company, 
society  or  association,  as  well  as  that  of  the  person. 

Sec.  11.  Penalty. — Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  before  a  court  of  competent  jurisdiction  shall  be 
fined  in  the  sum  not  exceeding  two  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  thirty  days,  or  by  both 
such  fine  and  imprisonment. 

laws,  1923,  ch.  105,  p.  179. 

Sec.  1.  Definition  of  certain  terms. — In  this  act,  the  term  "  sealer  " 
means  the  State  sealer  of  weights  and  measures.  "Agricultural 
products"  shall  include  horticultural,  viticultural,  dairy,  bee,  and 
any  and  all  farm  products;  the  word  "person"  shall  include  indi- 
viduals, partnerships,  corporations,  associations,  or  two  or  more  in- 


NEVADA  503 

dividuals  having  a  joint  or  common  interest;  words  used  import 
the  singular  or  the  plural  as  the  case  may  demand. 

Sec.  2.  Official  standards  for  agricultural  products. — In  order  to  pro- 
mote, protect,  further  and  develop  the  agricultural  interests  of  this 
State  the  sealer  is  hereby  authorized  and  empowered  after  investiga- 
tion and  public  hearing  to  fix  and  promulgate  official  standards  for 
grading  and  classifying  any  or  all  agricultural  products  grown  or 
produced  in  this  State  and  to  fix  and  promulgate  official  standards 
for  containers  of  farm  products  and  to  change  any  of  them  from 
time  to  time. 

Sec.  3.  Date  to  be  specified  when  standards  become  effective. — In  pro- 
mulgating the  standards  or  any  alterations  or  modification  of  such 
standards,  the  sealer  shall  specify  the  date  or  dates  when  the  same 
shall  become  effective  and  shall  give  public  notice  not  less  than 
thirty  days  in  advance  of  such  date  or  dates  by  such  means  as  he 
deems  proper,  and  he  is  hereby  authorized  and  empowered  to  employ 
reasonable  methods  for  diffusing  information  concerning  the  stand- 
ard that  may  be  fixed  by  him  for  any  agricultural  product  or  con- 
tainer. 

Sec.  4.  Federal  standards  to  be  adopted. — The  sealer  is  authorized  to 
fix  and  promulgate  as  the  official  standard  for  this  State  for  any 
agricultural .  product  or  container  the  standard  for  such  product 
or  container  which  may  have  been  promulgated  or  announced  there- 
for under  the  authority  of  the  Congress  of  the  United  States,  and  in 
carrying  out  the  provisions  of  this  act  the  sealer  is  authorized  to 
cooperate  with  the  United  States  or  any  department  thereof  in  ac- 
complishing the  matters  and  things  provided  for  herein. 

Sec.  5.  State  sealer  to  appoint  inspector;  State  sealer  to  specify  fees; 
license  revoked,  when. — The  sealer  is  hereby  authorized  to  designate 
any  competent  employee  or  agent  of  the  department  of  weights  and 
measures,  and  upon  satisfactory  evidence  of  competency  may  license 
any  other  person,  and  charge  and  collect  a  reasonable  fee  for  such 
license,  to  inspect  or  classify  agricultural  products  in  accordance 
with  such  regulations  as  he  may  prescribe  at  such  places  as  the 
volume  of  business  may  be  found  to  warrant  the  furnishing  of  such 
inspection  service,  at  the  request  of  persons  having  an  interest  in 
such  products,  and  to  ascertain  and  to  certify  to  such  persons  the 
grade,  classification,  quality  or  condition  thereof,  and  such  other 
pertinent  facts  as  the  sealer  may  require.  The  sealer  is  authorized 
to  fix,  assess,  and  collect,  or  cause  to  be  collected,  fees  for  such  services 
when  they  are  performed  by  employees  or  agents  of  the  department 
of  weights  and  measures.  Licensed  inspectors  may  charge  and  col- 
lect as  compensation  for  such  services  only  such  fees  as  may  be 
approved  by  the  sealer.  The  sealer  may  suspend  or  revoke  any 
license  whenever,  after  an  opportunity  for  hearing  has  been  afforded 
to  the  licensee,  the  sealer  shall  determine  that  such  licensee  is  incom- 
petent or  has  knowingly  or  carelessly  failed  to  correctly  certify  the 
grade,  classification,  quality  or  condition  of  any  agricultural  prod- 
uct, or  has  violated  any  provisions  of  this  act  or  of  the  regulations 
made  hereunder.  Pending  investigations  the  sealer  may  suspend  a 
license  temporarily  without  a  hearing. 

Sec.  6.  Appeal  to  State  sealer. — Whenever  any  quantity  of  any  agri- 
cultural product  shall  have  been  inspected  hereunder  and  question 


504  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

arises  as  to  whether  the  certificate  issued  therefor  shows  the  true 
grade,  classification,  quality  or  conditions  of  such  product,  any  in- 
terested person,  subject  to  such  regulations  as  the  sealer  may  pre- 
scribe, may  appeal  the  question  to  him  and  he  is  authorized  to  cause 
such  investigation  to  be  made  and  such  tests  to  be  applied  as  he  may 
deem  necessary  and  to  determine  and  issue  a  finding  of  the  true  grade 
or  classification  of  the  product  or  of  the  quality  or  condition  thereof. 
Whenever  an  appeal  shall  be  taken  to  the  sealer  under  this  act,  he 
shall  charge  and  assess  and  collect,  or  cause  to  be  collected,  a  reason- 
able fee,  to  be  fixed  by  him,  which  shall  be  refunded  if  the  appeal  is 
sustained. 

Sec.  7.  Certificate  prima  facie  evidence. — A  certificate  when  not  su- 
perseded by  a  finding  on  appeal,  or  a  finding  on  appeal  of  the  grade, 
classification,  quality  or  condition  of  any  agricultural  product  issued 
under  this  act,  and  all  certificates  issued  under  authority  of  the 
Congress  of  the  United  States  relating  to  the  grade,  classification, 
quality,  or  condition  of  agricultural  products,  shall  be  accepted  in 
any  court  of  this  State  as  prima  facie  evidence  of  the  true  grade, 
classification,  condition  or  quality  of  such  agricultural  product  at 
the  time  of  its  inspection. 

Sec.  8.  State  sealer  to  promulgate  regulations. — The  sealer  is  hereby 
authorized  and  empowered  to  promulgate  regulations  for  carrying 
out  the  purpose  and  provisions  of  this  act.  All  fees  and  moneys  col- 
lected or  received  by  employees  or  agents  of  the  department  of 
weights  and  measures  under  this  act  and  the  regulations  which  may 
be  promulgated  hereunder  shall  be  turned  into  the  State  treasury, 
to  be  there  maintained  in  a  separate  fund  which  is  hereby  appro 
priated  for  carrying  out  the  provisions  of  this  act. 

Sec.  9.  State  sealer  may  appoint  agents. — The  sealer  may  appoint 
employees  and  agents  to  assist  in  carrying  out  the  provisions  of  this 
act,  and  may  fix  their  compensation. 

Sec.  10.  Incorrect  certificate,  penalty  for. — Any  employee  or  agent 
employed  under  this  act  or  any  inspector  licensed  hereunder  who 
shall  knowingly  inspect,  grade  or  classify  improperly  any  agricul- 
tural product  or  shall  knowingly  give  any  incorrect  certificate  of 
grade,  classification,  quality  or  condition  or  shall  accept  money  or 
other  consideration  directly  or  indirectly  for  any  incorrect  or  im- 
proper performance  of  duty,  and  any  person  who  shall  improperly 
influence  or  attempt  to  improperly  influence  any  such  agent,  em- 
ployee or  licensed  inspector  in  the  performance  of  his  duty,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  more  than  five  hundred  dollars  or  be  imprisoned  not  more  than 
one  year,  or  both. 

Sec.  11.  Official  standards  and  containers  must  be  used. — If  any  quan- 
tity of  any  agricultural  product  shall  have  been  inspected  and  a 
certificate  issued  hereunder  showing  the  grade,  classification,  quality 
or  condition  thereof,  no  person  shall  represent  that  the  grade,  classi- 
fication, quality  or  condition  of  such  product  at  the  time  and  place 
of  such  inspection  was  other  than  as  shown  by  such  certificate. 
Whenever  any  standard  for  a  container  for  an  agricultural  product 
becomes  effective  under  this  act,  no  person  thereafter  shall  pack  for 
sale,  offer  for  sale,  consign  for  sale,  or  sell  and  deliver,  in  a  container 
any  such  agricultural  product  to  which  the  standard  is  applicable, 


NEVADA  505 

unless  the  container  conforms  to  the  standard,  subject  to  such  vari- 
ations therefrom  as  may  be  allowed  in  the  regulations  made  under 
this  act,  unless  such  product  be  brought  from  outside  the  State  and 
offered  for  sale,  consigned  for  sale  or  sold  in  the  original  package. 
Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  not  more  than  five  hundred 
dollars,  or  be  imprisoned  not  more  than  one  year,  or  both. 

Sec.  12.  Appropriation. — There  is  hereby  appropriated,  out  of  any 
moneys  in  the  State  treasury  not  otherwise  appropriated,  the  sum  of 
two  thousand  dollars  annually,  or  so  much  thereof  as  may  be  neces- 
sary, to  be  expended  in  carrying  out  the  provision  of  this  act. 

Sec.  13.  Each,  provision  independent. — If  any  provision  of  this  act  or 
the  application  thereof  to  any  person  or  circumstance  is  held  invalid, 
the  validity  of  the  remainder  of  the  act  and  of  the  application  of  such 
provisions  to  other  persons  or  circumstances  shall  not  be  affected 
thereby. 

Rev.  Laws,  1912,  Vol.  2,  ch.  24,  p.  1902. 

Sec.  6708  (1911).  Buying  or  selling  by  false  weight. — If  any  person 
or  persons  shall  knowingly  buy  or  sell  any  goods,  wares,  or  merchan- 
dise, or  any  valuable  thing  by  false  weight  or  measure,  or  shall 
knowingly  use  any  false  measure  or  false  weight  at  any  mill  in  taking 
toll  for  grinding  corn,  wheat,  rye,  or  other  grain,  or  shall  knowingly 
use  any  false  weight  or  weights,  or  false  scales,  or  false  steelyards, 
or  false  balances,  or  false  measures  for  any  purpose  in  buying  or 
selling  or  trading  any  article  whatever,  he  or  she  shall  be  deemed  a 
common  cheat,  and  on  conviction  shall  be  punished  by  fine  in  any 
sum  not  exceeding  two  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  not  more  than  six  months,  or  both. 

Sec.  6709°.  Misrepresentation  of  merchandise. — Every  person  who 
makes  any  misrepresentation  regarding  the  weight,  amount,  meas- 
ure, quantity,  quality,  or  ingredients  of  any  goods,  wares  or  merchan- 
dise, or  personal  property,  for  the  purpose  of  selling  the  same,  or 
while  selling  or  offering  the  same  for  sale,  is  guilty  of  a  misdemeanor ; 
and  if  the  value  of  any  goods,  wares,  merchandise,  or  personal  prop- 
erty sold  under  such  misrepresentation  shall  exceed  fifty  dollars,  the 
party  so  making  the  misrepresentation  is  guilty  of  a  gross  misde- 
meanor. 

Laws,  1913,  ch.  226,  p.  316. 

Sec.  9.  Mislabeled  or  misbranded,  when. — Food,  liquor  and  drugs 
shall  be  deemed  mislabeled  or  misbranded  within  the  meaning  of 
this  act  in  any  of  the  following  cases :     *    •*     * 

Third.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package.     *     *     * 

Sec.  10.  "  Package  "  denned. — The  term  "  package,"  as  used  in  this 
act,  shall  be  construed  to  include  any  phial,  bottle,  jar,  demijohn, 
carton,  bag,  case,  can,  box  or  barrel,  or  any  receptacle,  vessel  or 
container  of  whatsoever  material  or  nature  which  can  be  used  by  a 
manufacturer,  producer,  jobber,  packer  or  dealer,  for  enclosing  any 
article  of  food. 

Sec.  11.  Possession  of  proscribed  articles  prima  facie  evidence. — The 
possession  of  any  adulterated,  mislabeled  or  misbranded  article  of 


506  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

food,  liquor  or  drug  by  any  manufacturer,  producer,  jobber;  packer 
or  dealer  in  food,  liquor  or  drugs,  or  by  any  broker,  commission  mer- 
chant, agent,  employee,  or  servant  of  any  such  manufacturer,  pro- 
ducer, jobber,  packer,  or  dealer,  shall  be  prima  facie  evidence  of  the 
violation  of  this  act. 

Sec.  12.  Board  of  control  to  appoint  commissioner;  peace  officers  as 
agents. — The  board  of  control  of  the  Nevada  Agricultural  Experi- 
ment Station  shall  designate  and  appoint  for  the  enforcement  of 
this  act  a  commissioner  and  such  other  agent  or  agents  as  it  may 
deem  necessary,  and  the  sheriffs  of  the  respective  counties  of  the 
State  are  hereby  appointed  and  constituted  agents  for  the  enforce- 
ment of  this  act. 

Rev.  Laws,  1912,  Vol.  1,  p.  240. 

Sec.  794  (1907).  Powers  of  city  council;  weights  and  measures; 
enforcements. — The  city  council  shall  have  the  following  powers : 

50.  To  provide  for  the  inspection  and  sealing  of  weights  and 
measures. 

51.  To  enforce  the  keeping  and  use  of  proper  weights  and  meas- 
ures, by  vendors. 

Laws,  1913,  ch.  140,  p.  192. 

Sec.  9.  Standards  of  measurement  for  water ;  acre-foot ;  miner's  inch. — 
A  cubic  foot  of  water  per  second  of  time  shall  be  the  legal  standard 
for  the  measurement  of  water  in  this  State.  The  unit  of  volume 
shall  be  an  acre-foot  defined  as  43,560  cubic  feet.  Where  necessary 
to  transpose  miner's  inches  to  cubic  feet  per  second,  one  cubic  foot 
per  second  shall  be  considered  equal  to  forty  miner's  inches;  but 
the  term  "  miner's  inch  "  shall  not  be  used  henceforth  in  any  permit 
or  adjudicated  right  issuing  from  the  office  of  the  State  engineer 
without  first  naming  the  amount  in  cubic  feet  per  second  or  in 
acre-feet. 

Laws,  1919,  ch.  109,  p.  198. 

Sec.  1.  Public  service  commission  created. — The  public  service  com- 
mission is  hereby  created  whose  duty  it  shall  be  to  supervise  and 
regulate  the  operation  and  maintenance  of  public  utilities,  as  here- 
inafter named  and  defined,  in  conformity  with  the  provisions  of  this 
act. 

Sec.  13.  Standards  for  measurement,  regulation  and  testing  of. — The 
commission  may,  when  necessary,  ascertain  and  prescribe  for  each 
kind  of  public  utility  adequate,  convenient  and  serviceable  standards 
for  the  measurement  of  quality,  pressure,  voltage  or  other  condi- 
tions pertaining  to  the  supply  of  the  product  or  service  rendered 
by  any  public  utility,  and  prescribe  reasonable  regulations  for  the 
examination  and  testing  of  such  products  or  service  and  for  the 
measurement  thereof.  Any  consumer,  user  or  party  served  may 
have  the  quality  or  quantity  of  the  product  or  the  character  of  any 
service  rendered  by  any  public  utility  tested  upon  the  payment  of 
fees  fixed  by  the  commission,  which  fees,  however,  shall  be  paid 
by  the  pubfic  utility  and  repaid  to  the  complaining  party  if  the 
quality  or  quantity  of  the  product  or  the  character  of  the  service 
be  found  by  the  commission  defective  or  insufficient  in  a  degree 
to  justify  the  demand  for  testing ;  or  the  commission  may  apportion 


NEVADA  507 

the  fees  between  the  parties  as  justice  may  require :  Provided,  That 
in  cities  of  more  than  ten  thousand  population  nothing  contained  in 
this  act  shall  direct  or  permit  the  installation  or  the  use  of  me- 
chanical water  meters  or  similar  mechanical  devices  to  measure 
the  quantity  of  water  served  or  delivered  to  water  users. 

The  commission  may,  in  its  discretion,  purchase  such  materials, 
apparatus,  and  standard  measuring  instruments  for  such  examina- 
tion and  tests  as  it  may  deem  necessary.  The  commission  shall  have 
the  right  and  power  to  enter  upon  any  premises  occupied  by  any 
public  utility  for  the  purpose  of  making  the  examination  and  tests 
provided  for  in  this  act  and  set  up  and  use  on  such  premises  any 
necessary  apparatus  and  appliances  and  occupy  reasonable  space 
therefor.  Any  public  utility  refusing  to  allow  such  examination 
to  be  made  as  herein  provided  shall  be  subject  to  the  penalties  pre- 
scribed in  section  11  of  this  act.     *     *     * 

Sec.  23.  Weighing  of  railroad  cars  and  freight. — *  *  *  (a)  The 
commission  shall  have  the  power  to  enforce  reasonable  regulations 
for  furnishing  cars  to  shippers,  and  switching  the  same,  and  for  the 
loading  and  unloading  thereof,  and  the  weighing  of  the  cars  and 
freight  offered  for  shipment  over  any  line  of  railroad. 

Laws,  1920-21,  ch.  167,  p.  251. 

Sec.  1.  Regulating  method  of  weighing  and  testing  miik,  cream,  and 
dairy  products. — It  shall  be  unlawful  for  any  hauler  of  milk  or  cream, 
other  than  a  common  carrier,  or  any  person,  firm  or  corporation 
receiving  or  purchasing  milk  or  cream  by  weight  or  test  or  both, 
or  by  measure  or  test  or  both,  to  fraudulently  manipulate  the  weight, 
measure  or  test  of  milk  or  cream,  or  to  take  unfair  samples  thereof, 
or  to  fraudulently  manipulate  such  samples.  Such  hauler  or  other 
agent  shall  weigh  or  measure  the  milk  or  cream  of  each  patron  ac- 
curately and  correctly  and  shall  report  such  weights  and  measure- 
ments accurately  and  correctly  to  the  creamery  or  factory.  He 
shall  thoroughly  mix  the  milk  or  cream  of  each  patron  by  pouring 
or  stirring  until  such  milk  or  cream  is  uniform  and  homogeneous 
in  richness,  before  the  sample  is  taken  from  such  milk  or  cream. 
When  the  weighing  or  sampling  is  done  at  the  creamery,  shipping 
station  or  factory,  the  same  rule  shall  apply. 

Sec.  2.  False  tests  declared  unlawful. — It  shall  be  unlawful  for  any 
person,  firm  or  corporation,  by  himself  or  as  the  agent,  servant, 
employee  or  officer  of  any  person,  firm  or  corporation,  receiving  or 
purchasing  milk  or  cream  on  the  basis  of  the  amount  of  butter  fat 
contained  therein,  to  underread,  overread  or  otherwise  fraudulently 
manipulate  the  Babcock  test  used  for  determining  the  per  cent  of 
butter  fat  in  milk  or  cream,  or  to  falsify  the  records  thereof,  or  to 
read  the  test  at  any  other  temperature  than  the  correct  one,  which 
is  one  hundred  thirty  degrees  to  one  hundred  forty  degrees  Fahren- 
heit, or  to  pay  on  the  basis  of  any  measurement  or  weight  except  the 
true  measurement  or  weight,  which  is  seventeen  and  six-tenths 
cubic  centimeters  for  milk  and  nine  grams  or  eighteen  grams  for 
cream:  Provided,  That  in  all  tests  for  cream  the  cream  shall  be 
weighed  into  the  test-bottle.  All  testing  of  milk  or  cream  purchased 
on  the  basis  of  the  amount  of  butter  fat  contained  therein  shall  be 
done  by  licensed  tester,  who  shall  supervise  and  be  responsible  for 
the  operation  of  the  Babcock  test  of  milk  or  cream.  A  license  shall 
be  issued  to  such  person  by  the  commissioner  of  food  and  drugs, 


508  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

whose  duty  it  shall  be  to  examine  into  the  qualifications  of  the  appli- 
cant for  such  license,  and  every  such  applicant  shall  satisfy  said 
officer  of  his  qualifications  and  comply  with  the  provisions  herein, 
before  any  license  shall  be  issued  to  him. 

Sec.  8.  Food  and  drugs  commissioner  to  inspect  measures,  etc. ;  to  mark 
apparatus. — The  commissioner  of  food  and  drugs  shall,  from  time  to 
time,  inspect  and  examine  as  to  their  accuracy,  or  their  adaptability 
to  give  accurate  results,  all  glassware,  measures,  scales,  weights  and 
other  apparatus  used  in  creameries  and  factories  of  dairy  products, 
where  milk  and  cream  are  purchased,  to  determine  the  amount  01 
percentage  of  fat  in  milk  or  cream.  Said  commissioner  of  food  and 
drugs  shall  supply  at  cost,  and  not  oftener  than  once  a  year,  to  every 
creamery,  or  other  factory  of  dairy  products  where  milk  and  cream, 
or  either,  are  purchased,  on  application,  not  more  than  two  tubes  or 
bottles  and  one  pipette  of  the  forms  used  with  the  Babcock  test, 
which  he  shall  first  examine  as  to  accuracy,  and  if  accurate,  or 
adapted  to  give  accurate  results  under  the  usual  method  of  operating 
the  Babcock  test,  said  commissioner  of  food  and  drugs  shall  certify 
to  this  by  marking  durably  and  permanently  upon  each  and  every 
piece  of  apparatus  supplied  the  letters  "  C.  F.  D."  Said  commis- 
sioner of  food  and  drugs  shall  also,  upon  payment  at  the  rate  of  one 
dollar  for  each  dozen,  test  or  examine  into  the  accuracy  of  all  test- 
bottles  or  tubes  and  pipettes  sent  to  it  direct  from  any  creamery,  or 
ether  factory  of  dairy  products,  where  milk  or  cream  is  purchased, 
and,  if  found  accurate,  or  adapted  to  give  accurate  results,  the  letters 
"  C.  F.  D."  shall  be  marked  upon  each  piece  of  apparatus  examined. 

Sec.  9.  State's  standard  measure  specified;  Babcock  test  for  all  cream 
sold;  details  of  requisites. — That  State's  standard  measure,  or  pipette, 
shall  have  a  capacity  of  seventeen  and  six-tenths  cubic  centimeters, 
and  the  standard  test-tubes  or  bottles  for  milk  shall  have  a  capacity 
of  one  cubic  centimeter  of  mercury  at  a  temperature  of  sixty-five 
degrees  Fahrenheit  between  "  zero  "  and  "  five  "  on  the  graduated 
scale  on  the  neck  thereof ;  the  scale  to  have  a  length  of  not  less  than 
six  and  five-tenths  millimeters  for  each  per  cent,  or  six  and  five- 
tenths  centimeters  between  zero  and  ten  on  the  graduated  scale  on 
the  neck  thereof,  said  scale  to  be  graduated  to  at  least  two-tenths  of 
one  per  cent.  The  milk  fat  in  the  neck  of  said  bottle  to  be  read  from 
the  lower  line  separation  between  the  fat  and  the  water  to  the  top  of 
the  fat  column  at  a  temperature  not  lower  than  one  hundred  and 
thirty  degrees  Fahrenheit  and  not  higher  than  one  hundred  and 
forty  degrees  Fahrenheit. 

All  cream  sold  in  the  State  of  Nevada  on  the  basis  of  the  richness 
or  the  percentage  of  milk  fat  contained  therein  shall  be  tested  by 
the  Babcock  test,  using  a  weighed  sample  of  eighteen  grams,  or  a 
weighed  sample  of  nine  grams  (results  to  be  doubled),  weighed  on  a 
balance  sensitive  to  ten  milligrams,  and  tested  in  a  test-bottle  with 
a  scale  graduated  to  at  least  five-tenths  of  one  per  cent,  said  scale 
to  be  of  a  length  of  at  least  one  centimeter  to  every  five  per  cent  where 
an  eighteen-gram  sample  is  used.  Where  a  nine-gram  sample  is 
used  in  a  bottle  graduated  for  eighteen  grams,  the  test-bottle  must 
have  a  scale  graduated  to  at  least  two-tenths  of  one  per  cent,  said 
scale  to  be  a  length  of  at  least  two  centimeters  to  every  five  per  cent. 
Where  a  nine-gram  sample  is  used  in  a  bottle  graduated  for  nine 
grams,  the  test-bottle  shall  have  a  scale  graduated  to  five-tenths  of 


NEVADA  509 

one  per  cent  and  shall  be  of  a  length  not  less  than  seven  centimeters 
for  every  fifty  per  cent.  The  milk  fat  in  the  test-bottle  shall  be  read 
at  a  temperature  not  lower  than  one  hundred  and  thirty  degrees 
Fahrenheit  and  not  higher  than  one  hundred  and  forty  degrees 
Fahrenheit.  The  fat  column  must  be  read  from  the  bottom  of 
the  lower  meniscus  to  the  bottom  of  the  upper  meniscus:  Pro- 
vided, however,  That  no  test-bottles  now  in  use  in  any  creamery  or 
other  factory  or  dairy  products  or  by  any  private  party  in  this  State 
shall  be  condemned  or  declared  unfit  for  use  prior  to  the  expiration 
of  one  year  from  the  taking  effect  of  this  act,  if  the  scale  thereof  is 
correctly  calibrated. 

Sec.  10.  Penalty. — Any  person  violating  any  provision  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  the  sum  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  of  not  less  than  thirty  days  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 


NEW  HAMPSHIRE 

Public  Laws,  1926,  Vol.  1,  ch.  161,  p.  594. 

Sec.  1  (1917).  Standards. — The  weights  and  measures  received  from 
the  United  States  under  joint  resolutions  of  Congress,  approved 
June  14,  1836,  and  July  27, 1866,  and  such  new  weights  and  measures 
as  shall  be  received  from  the  United  States  as  standard  weights  and 
measures  in  addition  thereto  or  in  renewal  thereof,  and  such  as 
shall  be  supplied  by  the  State  in  conformity  therewith  and  certified 
by  the  National  Bureau  of  Standards,  shall  be  the  State  standards, 
by  which  all  municipal  standards  of  weights  and  measures  shall  be 
tried,  proved  and  sealed. 

Sec.  2  (al919).  Commissioner. — There  shall  be  a  State  commissioner 
of  weights  and  measures,  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  a  term  of  five  years  and  until  his 
successor  is  appointed  and  qualified. 

Sec.  3  (1917).  Inspectors. — There  shall  be  not  exceeding  three  in- 
spectors of  weights  and  measures,  who  shall  be  appointed  by  the 
commissioner,  with  the  advice  and  consent  of  the  governor  and 
council.  Their  annual  salary  shall  not  exceed  seventeen  hundred 
dollars  each. 

Sec.  4  (al925).  Salaries. — The  salary  of  the  commissioner  shall  be 
three  thousand  dollars  a  year,  and  he  shall  be  allowed  for  salaries  for 
inspectors,  clerical  services,  traveling  and  contingent  expenses  for 
himself  and  inspectors  such  sums  as  shall  be  necessary  to  carry 
out  the  provisions  of  this  chapter,  to  be  paid  upon  warrant  of  the 
governor. 

Sec.  5  (1917).  Commissioner's  bond. — The  commissioner  shall  give  a 
bond  in  the  sum  of  five  thousand  dollars,  with  sureties  to  be  approved 
by  the  governor,  for  the  faithful  performance  of  the  duties  of  his 
office  and  for  the  safety  of  the  standards  intrusted  to  his  care,  and  for 
the  surrender  thereof  to  his  successor  or  to  the  person  appointed  by 
the  governor  to  receive  them. 

Sec.  6/  Inspector's  bond. — Each  inspector  shall  give  a  bond  in  the 
sum  of  one  thousand  dollars,  with  sureties,  to  be  approved  by  the 
secretary  of  state,  for  the  faithful  performance  of  the  duties  of  his 
office  and  for  the  safety  of  any  apparatus  intrusted  to  his  care. 

Sec.  7.  Commissioner's  duties. — The  commissioner  shall  take  charge 
of  the  standards  of  the  State,  and  cause  them  to  be  kept  in  a  safe 
and  suitable  place  in  his  office,  from  which  they  shall  not  be  removed 
except  for  repairs  or  for  certification,  and  he  shall  take  all  other 
necessary  precautions  for  their  safekeeping.  He  shall  maintain 
the  State  standards  in  good  order,  and  shall  submit  them  at  least 
once  in  ten  years  to  the  National  Bureau  of  Standards  for  certi- 
fication. He  shall  keep  a  complete  record  of  the  standards,  bal- 
ances and  other  apparatus  belonging  to  the  State  and  take  a  re- 
ceipt for  the  same  from  his  successor  in  office. 

610 


NEW   HAMPSHIRE  511 

Sec.  8.  Testing  local  standards. — He  shall,  at  least  once  in  five  years, 
try  and  prove  by  the  State  standards  all  standard  weights,  meas- 
ures and  other  apparatus  which  may  belong  to  any  city,  and  shall 
seal  the  same  when  found  to  be  accurate,  by  stamping  on  them 
the  letters  N.  H.  and  the  last  two  figures  of  the  year  with  seals  which 
he  shall  have  and  keep  for  that  purpose,  and  shall  keep  a  record 
of  such  inspections.  He  shall,  upon  the  written  request  of  any  citi- 
zen, firm,  corporation  or  educational  institution  in  the  State,  test 
or  calibrate  weights,  measures,  weighing  and  measuring  devices, 
and  instruments  or  apparatus  used  as  standards  in  the  State. 

Sec.  9.  Testing;  State  institutions. — He,  or  the  inspectors  by  his 
direction,  shall  at  least  once  annually  test  all  scales,  weights  and 
measures  used  in  checking  the  receipts  or  disbursements  of  supplies 
in  every  institution  for  the  maintenance  of  which  moneys  are  ap- 
propriated by  the  legislature,  and  he  shall  report  in  writing  his 
findings  to  the  supervisory  board  and  to  the  executive  officer  of  the 
institution  concerned ;  and,  at  the  request  of  such  board,  or  executive 
officer,  the  commissioner  shall  appoint  in  writing  one  or  more  em- 
ployees then  in  the  actual  service  of  such  institution,  who  shall  act 
as  special  deputies  for  the  purpose  of  checking  the  receipts  or  dis- 
bursements of  supplies. 

Sec.  10.  Inspections. — The  commissioner,  or  his  inspectors  at  his 
direction,  shall  at  least  once  in  two  years  visit  the  various  cities  of 
the  State  in  order  to  inspect  the  work  of  the  local  sealers,  and  in 
the  performance  of  his  duties  he  may  inspect  the  weights,  measures, 
balances  or  any  other  weighing  or  measuring  appliances  of  any  citi- 
zen, firm  or  corporation,  and  shall  have  the  same  powers  as  the 
local  sealer  of  weights  and  measures. 

Sec.  11.  Supervision. — He  shall  have  and  keep  a  general  supervision 
of  the  weights,  measures  and  weighing  and  measuring  devices  of- 
fered for  sale,  sold  or  in  use  in  the  State. 

Sec.  12.  Eegulations. — The  commissioner  shall  issue  from  time  to 
time  regulations  for  the  guidance  of  city  sealers,  and  the  said  regu- 
lations shall  govern  the  procedure  to  be  followed  by  the  aforesaid 
officers  in  the  discharge  of  their  duties. 

Sec.  13  (al919).  Inspectors'  powers. — When  not  otherwise  provided 
by  law  the  inspectors  shall  have,  the  power,  under  the  direction  of  the 
commissioner,  to  inspect,  test,  try  and  ascertain  if  they  are  correct, 
all  weights,  scales,  beams,  measures  of  any  kind,  weighing  or  meas- 
uring instruments,  or  mechanical  devices  for  measuring,  and  tools, 
appliances  or  accessories  connected  with  any  and  all  such  instru- 
ments or  measures  kept,  offered  or  exposed  for  sale,  sold,  used  or 
employed  within  the  State  by  any  proprietor,  agent,  lessee  or  em- 
ployee in  proving  the  size,  quantity,  extent,  area  or  measurements 
or  quantities,  things,  produce,  articles  for  distribution  or  consump- 
tion offered  or  submitted  by  such  person  or  persons  for  sale,  hire  or 
reward;  and  they  shall  have  like  power  to,  and  shall  from  time  to 
time,  weigh  or  measure  packages  or  amounts  of  commodities  of 
whatever  kind  kept  for  the  purpose  of  sale,  offered  for  sale  or  sold, 
or  in  the  process  of  delivering,  in  order  to  determine  whether  the 
same  contain  the  amounts  represented,  and  whether  they  are  offered 
for  sale  or  sold  in  a  manner  in  accordance  with  the  laws  relative  to 
weights  and  measures. 

517—26 33 


512  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

Sec.  14.  Inspectors'  duties. — They  shall  at  least  once  each  year,  and 
as  much  oftener  as  the  commissioner  may  deem  necessary,  see  that 
the  weights,  measures  and  all  apparatus  used  in  the  State  are  correct. 
They  may  for  the  purposes  mentioned,  and  in  the  general  perform- 
ance of  their  official  duties,  stop  any  vendor,  peddler,  junk  dealer, 
or  the  driver  of  any  coal  wagon,  ice  wagon  or  delivery  wagon,  or 
any  dealer  whatever,  and  require  him  to  proceed  to  such  place  as 
the  inspector  may  specify,  for  the  purpose  of  making  the  proper  tests, 
and  for  that  purpose  they  may,  without  formal  warrant,  enter  any 
stand,  place,  building  or  premises.  Whenever  an  inspector  finds  a 
violation  of  the  statutes  relating  to  weights  and  measures  he  shall 
report  the  same  to  the  commissioner,  who  shall  cause  the  violator 
to  be  prosecuted. 

Sec.  15.  Sealing. — Whenever  an  inspector  compares  weights,  meas- 
ures or  weighing  or  measuring  instruments  and  finds  that  they  cor- 
respond with  the  standards  in  his  possession  and  conform  to  the 
specifications  and  regulations  of  this  department,  or  causes  them  to 
correspond  with  the  said  standards  and  to  conform  to  said  specifi- 
cations and  regulations,  he  shall  seal  or  mark  such  weights,  measures, 
weighing  or  measuring  instruments  with  appropriate  devices  to  be 
approved  by  the  commissioner. 

Sec.  16.  Condemning. — He  shall  condemn  and  seize  to  hold  as  evi- 
dence, and  may,  upon  the  order  of  the  court,  destroy,  incorrect 
weights,  measures,  or  weighing  or  measuring  instruments  which,  in 
his  judgment,  are  not  susceptible  of  satisfactory  repair;  but  such 
as  are  incorrect  and  may  be  repaired  he  shall  mark  or  tag  as  con- 
demned for  repairs  in  a  manner  prescribed  by  the  commissioner. 

Sec.  17.  Correcting. — The  owners  or  users  of  any  weights,  measures 
or  weighing  or  measuring  instruments,  of  which  such  disposition  is 
made,  shall  have  the  same  repaired  or  corrected  within  the  time  pre- 
scribed by  the  commissioner,  and  they  may  neither  use  nor  dispose 
of  the  same,  except  as  permitted  by  the  commissioner,  but  shall  hold 
the  same  at  his  disposal. 

Sec.  18.  Confiscating. — Any  apparatus  which  has  been  condemned 
for  repairs,  and  has  not  been  repaired  as  herein  required,  shall  be 
confiscated  as  provided  in  section  16. 

Sec.  19.  Records;  reports. — The  inspectors  and  city  sealers  shall 
keep  a  complete  record  of  all  their  official  acts,  and  shall  make  reports 
to  the  commissioner  of  weights  and  measures  as  he  may  direct,  on 
blanks  approved  by  him. 

Sec.  20.  City  sealers. — There  shall  be  a  sealer  of  weights  and  meas- 
ures in  cities  of  not  less  than  ten  thousand  population,  according 
to  the  latest  United  States  census,  to  be  appointed  by  the  mayor, 
with  the  consent  of  the  city  council.  He  shall,  in  said  city,  have 
the  same  powers  and  duties  as  the  State  inspectors  have  elsewhere. 

Sec.  21.  Apparatus  for  city  sealers. — The  common  council  of  each 
city  required  to  appoint  a  sealer  shall  procure  at  the  expense  of  the 
city,  and  shall  keep  at  all  times,  a  complete  set  of  weights  and 
measures  and  other  apparatus  of  such  materials  and  construction 
as  the  commissioner  may  direct.  All  such  weights,  measures  and 
other  apparatus,  having  been  tried  and  accurately  proved  by  him, 
shall  be  sealed  and  certified  to  by  the  commissioner  as  hereinbefore 


NEW  HAMPSHIRE  513 

provided,  and  shall  be  then  deposited  with  and  preserved  by  the 
city  sealer  as  public  standards  for  the  city.  Whenever  the  common 
council  of  such  city  shall  neglect  for  six  months  to  provide  such 
standards  the  city  clerk  of  said  city,  on  notification  and  request 
by  the  commissioner,  shall  provide  the  same  and  cause  them  to 
be  tried,  sealed  and  deposited  at  the  expense  of  the  city. 

Sec.  22.  Authority  as  police. — The  commissioner  of  weights  and 
measures,  his  inspectors,  and  the  city  sealers  of  weights  and  meas- 
ures, are  special  policemen,  and  are  authorized  and  empowered  to 
arrest,  without  formal  warrant,  any  violator  of  the  statutes  in  rela- 
tion to  weights  and  measures,  and  to  seize  for  use  as  evidence,  and 
without  warrant,  any  false  or  unsealed  weight,  measure  or  weighing 
or  measuring  device,  or  package  or  amounts  of  commodities  found 
to  be  used,  retained  or  offered  or  exposed  for  sale  or  sold  in  violation 
of  this  chapter. 

Sec.  23  (1917).  False  weights. — Any  person,  who,  by  himself  or  by 
his  servant  or  agent,  or  as  the  servant  or  agent  of  another,  shall 
offer  or  expose  for  sale,  sell,  use  or  retain  in  his  possession  for  use, 
a  false  weight  or  measure  or  weighing  or  measuring  device,  or 
any  weight  or  measure  or  weighing  or  measuring  device  which  has 
not  been  sealed  by  the  commissioner  or  inspector,  or  by  a  sealer 
of  weights  and  measures  within  one  year,  for  the  purpose  or  the 
apparent  purpose  of  buying  or  selling  of  any  commodity  or  thing, 
or  for  hire  or  reward;  or  shall  dispose  of  any  condemned  weight, 
measure  or  weighing  or  measuring  device  contrary  to  law,  or  remove 
any  tag  placed  thereon  by  the  commissioner  or  inspector,  or  by 
a  sealer  of  weights  and  measures,  without  his  permission;  or  any 
person  who,  by  himself  or  by  his  servant  or  agent,  or  as  the  servant 
or  agent  of  another,  shall  sell  or  offer  or  expose  for  sale  less  than 
the  quantity  he  represents,  or  sell  or  offer  or  expose  for  sale  any 
commodity  in  a  manner  contrary  to  the  laws  relative  to  weights 
and  measures,  or,  in  purchasing,  misrepresents  the  amount  pur- 
chased, shall  be  fined  not  less  than  twenty  nor  more  than  two 
hundred  dollars,  or  imprisoned  not  more  than  three  months,  or 
both,  upon  a  first  conviction ;  upon  a  second  or  subsequent  conviction 
he  shall  be  fined  not  less  than  fifty  nor  more  than  five  hundred 
dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

Sec.  24  (al919).  Obstructing  officials. — Any  person  who  shall  hinder 
or  obstruct  in  any  way  the  commissioner,  any  inspector  or  any  city 
sealer  in  the  performance  of  his  official  duties  shall  be  fined  not 
less  than  twenty  nor  more  than  two  hundred  dollars,  or  imprisoned 
not  more  than  ninety  days,  or  both. 

Sec.  25.  Impersonating  officials. — Any  person  who  shall  impersonate 
in  any  way  the  commissioner,  any  inspector  or  city  sealer,  by  use  of 
his  seal  or  counterfeit  of  his  seal  or  otherwise,  shall  be  fined  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars,  or  imprisoned 
not  more  than  one  year,  or  both. 

Sec.  26  (al925).  Provisions  governing  weights  and  measures  for  certain 
commodities. — In  proceedings  under  section  23,  for  false  or  insufficient 
weights  or  measures  in  connection  with  the  sale  of  any  article,  the 
following  weights  and  provisions  shall  govern : 


514 


LAWS   CONCERNING   WEIGHTS  AND  MEASURES 


Pounds  per 
bushel 

Dried  apples 25 

Beets 60 

Small  white  beans 60 

Soy  beans  (glycine  hispida) 58 

Barley 48 

Bran 20 

Buckwheat 48 

Indian  corn 56 

Corn  meal 50 

Cracked  corn 50 

Cranberries 32 

Carrots 50 

Clover  seed 60 

Flaxseed 56 

Herds  grass  or  timothy  seed 45 

Japanese     barnyard     millett     (P. 

crusgalli) 35 

Lime 70 

Oats 32 

Onions 52 

Pears 58 

Peaches 48 


I.  Bushel  by  weight:  Except  where  the  parties  shall  expressly 
agree  to  sale  by  some  other  standard  than  by  weight,  a  bushel  shall 
contain  the  number  of  pounds  hereinafter  set  forth : 1 

Pounds  per 
bushel 

Dried  peaches 33 

Peas 60 

Parsnips 45 

Roasted  peanuts 20 

Green  peanuts 22 

Irish  potatoes 60 

Sweet  potatoes 54 

Quinces 48 

Rye 56 

Rye  meal 50 

Coarse  salt 70 

Fine  salt 50 

Shorts 20 

Tomatoes 56 

Turnips 55 

Wheat 60 

String  beans 24 

Unshelled  green  peas 28 

Beet  greens 12 

Dandelions 12 

Parsley 8 

Spinach 12 

and  for  fractional  parts  of  a  bushel  like  fractional  parts  of  the  above 
weights  shall  be  required. 

II.  Dry  measure :  All  fruits,  nuts  and  vegetables,  if  sold  by  meas- 
ure, shall  be  sold  by  dry  measure,  United  States  standard. 

III.  Heaping  measures:  Commodities,  the  individual  units  of 
which  are  determined  by  the  commissioner  as  large  in  size,  shall  be 
measured  by  heaping  measures ;  that  is :  The  measure  shall  be  heaped 
up  in  the  form  of  a  cone,  the  outside  rim  of  the  measure  to  be  the 
base  of  the  cone  and  the  cone  to  be  as  high  as  the  commodity  will 
admit;  other  commodities  shall  be  measured  by  struck  or  level 
measure. 

IV.  Baskets:  Baskets  or  other  receptacles  holding  one  quart  or 
less,  which  are  used  in  the  sale  of  berries,  cherries  or  currants,  shall 
be  of  the  capacity  of  one  quart,  one  pint,  or  half -pint,  United  States 
standard  dry  measure.  Said  baskets  or  other  receptacles  shall  not 
be  required  to  be  tested  and  sealed,  but  any  sealer  or  health  officer 
may  test  the  capacity  of  any  baskets  or  other  receptacle  in  which 
such  fruit  is  sold  or  intended  to  be  sold;  and  if  the  same  is  found 
to  contain  less  than  the  standard  measure,  or  if  the  quantity  of  such 
fruit  is  otherwise  less  than  as  herein  provided,  he  shall  seize  the  same 
and  make  complaint  against  the  vendor. 

Sec.  27  (al919).  Posting  notice. — The  proprietor  of  any  place 
where  articles  namd  in  paragraph  IV  of  the  preceding  section  are 
sold  or  kept  for  sale  shall  post  conspicuously,  in  a  place  ordered  by 
the  commissioner  and  where  patrons  may  easily  read  the  same,  a 
printed  notice  to  be  furnished  by  the  commissioner,  containing  said 
paragraph  and  such  other  information  as  the  commissioner  may 
direct. 


1  A  slight  change  has  been  made  in  the  arrangement  of  these  weights  for  convenience 
of  reference. 


NEW   HAMPSHIBE  515 

Sec.  28.  Penalty. — Whoever  sells  or  offers  for  sale,  or  has  in  posses- 
sion with  intent  to  sell,  any  such  fruit  in  any  receptacle  holding 
one  quart  or  less  which  does  not  conform  to  said  standard,  or,  con- 
forming thereto,  is  not  at  least  level  measure,  or  fails  to  keep  posted 
the  notice  hereinbefore  provided,  shall  be  punished  as  provided  in 
section  23. 

Sec.  29.  Packages. — It  shall  be  unlawful  for  any  person  to  sell  or 
offer  for  sale  any  commodity  in  package  form  unless  the  contents 
thereof  is  expressed  in  terms  of  net  weight,  measure  or  numerical 
count  in  a  conspicuous  place  on  the  outside  of  the  package,  in  a, 
plainly  printed  statement  in  large  type.  Reasonable  variations  or 
tolerances  shall  be  permitted,  and  these  variations  or  tolerances  as 
provided  in  section  41  and  also  exemptions  as  to  small  packages 
shall  be  established  by  rules  and  regulations  made  by  the  com- 
missioner. 

Sec.  30  (1917).  Penalty. — Any  person  violating  the  preceding  sec- 
tion shall  be  fined  not  less  than  twenty  nor  more  than  two  hundred 
dollars. 

Sec.  31  (al919).  Sale  of  coal. — It  shall  be  unlawful  to  sell  or  offer 
to  sell  in  the  State  any  coal  or  coke  in  any  other  manner  than  by 
weight,  except  by  agreement  of  the  parties  to  the  contrarjr. 

Sec.  32.  Coal,  certificate  of  weight. — Except  as  provided  in  the  pre- 
ceding section  no  person  shall  sell  or  deliver  any  coal  or  coke  with- 
out such  delivery  being  accompanied  by  a  certificate  of  weight  dis- 
tinctly expressing  in  ink  or  other  indelible  substance  the  gross  weight 
of  the  load,  the  tare  of  the  delivery  vehicle,  the  net  weight  of  the 
coal  or  coke  contained  in  the  vehicle  used  in  such  delivery,  the  name 
of  the  dealer  from  whom  purchased,  the  name  of  the  party  to  whom 
it  is  to  be  delivered,  the  name  of  the  weigher,  the  name  of  the  driver 
and  the  date  of  weighing. 

Sec.  33.  Coal,  duplicate  of  weight. — Said  certificate  shall  be  made  in 
duplicate  by  the  weigher  at  the  time  and  place  of  weighing.  One 
copy  shall  be  given  to  the  purchaser  or  his  agent  or  representative 
at  the  time  of  delivery  of  the  fuel,  or  shall  be  surrendered  to  the 
inspector  or  sealer  of  weights  and  measures  upon  his  demand  for 
inspection,  whereupon  the  inspector  or  sealer  shall  issue  in  exchange 
his  certificate  of  weighing,  which  shall  be  delivered  to  the  purchaser, 
his  agent  or  representative  at  the  time  of  delivery  of  the  fuel. 

Sec.  34.  Delivery  at  yard. — When  the  buyer  takes  the  coal  or  coke 
at  the  dealer's  place  of  business  a  certificate  showing  the  actual  num- 
ber of  pounds  delivered  to  the  purchaser  must  be  given  to  him  at 
the  time  the  sale  is  made. 

Sec.  35  (1919).  Sale  of  wood. — It  shall  be  unlawful  to  sell  or  offer  to 
sell  in  this  State  any  wood  for  fuel  purposes,  except  standing  trees, 
wood  not  exceeding  sixteen  inches  in  length,  edgings,  bobbin  wood, 
clippings,  slabs  and  other  waste,  in  any  other  manner  than  by  the 
cord  or  fraction  thereof,  unless  the  parties  to  the  transaction  other- 
wise agree;  but  no  person,  firm  or  corporation  dealing  in  wood,  or 
having  or  offering  wood  for  sale,  shall  refuse  to  sell  it  by  the  herein- 
after defined  load  or  fractional  part  thereof,  or  by  the  cord  or  frac- 
tional part  thereof. 


516  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  36.  Cord,  load. — No  cord  of  any  length  wood  shall  contain  less 
than  the  equivalent  of  128  cubic  feet  of  compactly  piled  wood.  Wood 
not  exceeding  sixteen  inches  in  length,  edgings,  bobbin  wood,  clip- 
pings, slabs  and  other  waste  may  be  sold  by  the  load  in  the  loose; 
provided,  that  a  load  shall  contain  80  cubic  feet,  three  quarters  of  a 
load  60  cubic  feet,  one  half  of  a  load  40  cubic  feet,  and  one  quarter 
of  a  load  20  cubic  feet.  No  wood  shall  be  sold  by  the  load  in  any 
other  dimensions. 

Sec.  37.  By  baskets. — Wood  not  exceeding  twelve  inches  in  length, 
edgings,  bobbin  wood,  clippings,  slabs  and  other  waste  may  be  sold 
by  the  bushel:  Provided,  That  the  baskets  or  similar  receptacles 
used  shall  be  of  one  bushel  or  multiple  thereof,  New  Hampshire 
standard  dry  measure,  and  shall  be  filled  at  least  level  full  when  well 
shaken. 

Sec.  33.  Vehicles,  markings. — Whoever  sells  or  offers  for  sale  such 
wood  by  the  load  in  the  loose,  shall  specify  upon  the  outside  of  the 
delivery  vehicle  the  cubic  contents  thereof,  in  figures  at  least  one 
inch  high. 

Sec.  39  (al919).  Inspecting. — The  commissioner  shall  require  the 
inspectors  and  sealers  to  measure  the  cart  bodies  or  containers  used 
in  the  delivery  of  wood  by  the  standard  load,  to  see  if  they  contain 
the  contents  specified. 

Sec.  40  (1917).  Sale  of  bread. — It  shall  be  unlawful  for  any  person 
to  make  for  sale,  sell,  offer  to  sell  or  procure  to  be  sold  any  bread 
unless  each  loaf  is  enclosed  in  a  wrapper  plainly  showing  its  weight 
and  the  name  of  the  manufacturer  thereof,  the  size  of  stamp  and  type 
used  to  be  specified  by  the  commissioner. 

Sec.  41.  Specifications. — The  commissioner  shall,  after  consultation 
with  and  with  the  advice  of  the  National  Bureau  of  Standards, 
establish  specifications  and  tolerances  for  weights  and  measures  and 
weighing  and  measuring  devices,  and  said  specifications  and  toler- 
ances shall  be  legal  specifications  and  tolerances  in  this  State,  and 
shall  be  observed  in  all  inspections  and  tests. 

Sec.  42.  Hawkers,  etc. — No  license  shall  be  issued  to  any  hawker, 
peddler  or  itinerant  vendor  unless  he  presents  a  certificate  from  the 
sealer  of  weights  and  measures,  showing  that  the  weights  or  measures 
used  by  him  have  been  properly  inspected,  tested  and  sealed  immedi- 
ately preceding  the  issuance  of  such  license.  Upon  conviction  of  any 
hawker,  peddler  or  itinerant  vendor  of  any  violation  of  the  provi- 
sions of  this  chapter,  such  license  shall  be  revoked. 

Sec.  43  (al919).  Disposal  of  finen. — The  justice  or  judge  of  any  court, 
before  whom  a  complaint  for  vitiation  of  this  chapter  is  prosecuted, 
shall,  within  sixty  days  after  any  fine  is  paid,  remit  the  amount 
thereof  to  the  State  treasurer. 

Public  Laws,  1926,  Vol.  1,  ch.  165,  p.  628. 

Sec.  1  (1917).  Standard  barrels;  boxes.— The  standard  barrel  made 
of  wood  for  apples  shall  be  of  the  following  dimensions  when  meas- 
ured without  the  distention  of  its  parts:  Length  of  stave,  28y2 
inches;  diameter  of  head,  17%  inches;  distance  between  heads,  26 
inches;  circumference  of  bulge  outside  measurements,  not  less  than 
64  inches,  representing  as  nearly  as  possible  7,056  cubic  inches.     A 


NEW   HAMPSHIRE  517 

barrel  made  of  any  other  material  must  contain  not  less  than  7,056 
cubic  inches.  The  standard  box  for  apples  shall  be  of  the  following 
dimensions:  Inside  measurements,  18  inches  x  11%  inches  x  10y2 
inches  without  any  distention  of  parts,  representing  as  nearly  as  pos- 
sible 2,174  cubic  inches. 

Sec.  4  (al925).  Size  or  count. — The  minimum  size  or  numerical 
count  of  the  fruit  in  all  grades,  including  the  unclassified,  shall  be 
marked  upon  the  package  and  may  be  designated  by  figures  instead 
of  words.  The  minimum  size  shall  be  determined  by  taking  the 
transverse  diameter  of  the  smallest  fruit  in  the  package  at  right 
angles  to  the  stem  and  blossom  end,  and  shall  be  stated  in  variations 
of  one-quarter  of  an  inch,  such  as  two  inches,  two  and  one-quarter 
inches,  and  so  on,  in  accordance  with  the  facts.  The  word  "  mini- 
mum "  may  be  designated  by  using  the  abbreviation  "  min." 

Sec.  5  (1917).  Closed  package. — A  package  whose  contents  can  not 
be  seen  or  inspected  shall  be  deemed  a  closed  package.  Every  such 
package  of  apples  which  is  packed,  sold,  distributed,  offered  or  ex- 
posed for  sale,  within  or  without  the  State,  by  any  person,  shall  have 
marked  in  a  conspicuous  place  on  the  outside  thereof  in  plain  letters 
a  statement  clearly  and  truly  stating  the  quantity  of  the  contents, 
the  name  and  address  of  the  packer,  or  the  person  by  whose  authority 
the  apples  were  packed,  and  shall  be  marked  with  the  true  name  of 
the  variety,  the  grade  and  the  minimum  size  of  the  apples  contained 
therein  and  the  name  of  State  where  grown.     *     *     * 

Sec.  7.  Marking. — Barrels  shall  be  marked  or  branded  as  pre- 
scribed herein  in  block  letters  and  figures  of  size  not  less  than  thirty- 
six  point  Gothic.  The  commissioner  of  agriculture  shall  prescribe 
rules  and  regulations  consistent  herewith  relative  to  branding  other 
closed  packages. 

Public  laws,  1926,  Vol.  1,  ch.  47,  p.  203. 

Sec.  36  (al879).  Other  town  officers,  choice. — Any  town,  at  the  an- 
nual meeting,  may  choose,  by  major  vote,  one  or  more  *  *  * 
measurers  of  wood  and  bark,  surveyors  of  lumber,  cullers  of  staves 
*  *  *,  and  such  other  officers  as  it  may  judge  necessary  for  man- 
aging its  affairs,  who  shall  severally  perform  the  duties  prescribed 
by  law. 

Public  Laws,  1926,  Vol.  1,  ch.  54,  p.  223. 

Sec.  12  (al923).  By-laws;  ordinances;  markets;  sales. — The  city 
councils  shall  have  power  to  make  all  such  salutary  and  needful 
by-laws  as  towns  and  the  police  officers  of  towns  and  engineers  or  fire 
wards  by  law  have  power  to  make,  and  to  annex  penalties,  not  exceed- 
ing twenty  dollars,  for  the  breach  thereof ;  and  may  make,  establish, 
publish,  alter,  modify,  amend  and  repeal  ordinances,  rules,  regula- 
tions and  by-laws  for  the  following  purposes: 

XL  To  establish  markets  and  market  places;  regulate  the  place 
and  manner  of  selling  and  weighing  hay,  selling  pickled  and  other 
fish,  and  salted  and  fresh  provisions;  selling  and  measuring  wood, 
lime,  coal  and  other  heavy  articles;  and  to  appoint  suitable  persons 
to  superintend  and  conduct  the  same;  to  prevent  and  punish  fore- 
stalling and  regrating;  and  to  restrain  every  kind  of  fraudulent 
device  and  practice. 


518  LAWS   CONCERNING  WEIGHTS   AND  MEASURES 

Public  Laws,  1926,  Vol.  1,  ch.  139,  p.  514. 

Sec.  7  (al913).  Foods. — Foods  shall  also  be  deemed  to  be  mis- 
branded  in  the  following  cases:     *     *     * 

III.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package 
in  terms  of  weight,  measure  or  numerical  count:  Provided,  That 
reasonable  A'ariations  shall  be  permitted,  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established,  by  rules  and 
regulations  made  in  accordance  with  the  provisions  of  section  12. 

Public  laws,  1926,  Vol.  1,  ch.  162,  p.  602. 

Sec.  11  (1923).  Sale  and  shipment  of  farm  produce  in  standard  boxes 
authorized;  size  of  boxes  prescribed. — Farm  produce  may  be  sold  in, 
or  shipped  from,  New  Hampshire  at  either  wholesale  or  retail  in 
standard  boxes,  in  original  or  unbroken  form,  and  such  standard 
boxes  shall  contain  two  thousand  one  hundred  sixty-two  and  eighty- 
nine  one-hundredths  cubic  inches  and  shall  be  of  the  following  di- 
mensions by  inside  measurements:  seventeen  and  one-half  inches  in 
length  by  seventeen  and  one-half  inches  in  width  and  seven  and 
one-sixteenth  inches  in  depth.  The  New  Hampshire  standard  half- 
box  for  farm  produce  shall  contain  one  thousand  eighty-one  and 
fifty-five  one-hundredths  cubic  inches,  and  shall  be  of  the  following 
dimensions  by  inside  measurements :  Twelve  and  three-eighths 
inches  in  length  by  twelve  and  three-eighths  inches  in  width  and 
seven  and  one-sixteenth  inches  in  depth.  When  the  above  specified 
boxes  are  made  of  wood  the  ends  shall  be  not  less  than  five-eighths 
of  an  inch,  and  the  sides  and  bottom  not  less  than  three-eighths 
of  an  inch  in  thickness.  All  such  boxes  and  half  boxes  of  the  di- 
mensions specified  herein  shall  be  marked  on  at  least  one  outer 
side  in  bold,  uncondensed  capital  letters,  not  less  than  one  inch  in 
height :  "  Standard  Box  Farm  Produce  "  and  "  Standard  Half  Box 
Farm  Produce,"  respectively.  Except  as  above  provided,  farm  pro- 
duce shall  be  sold  at  wholesale  or  retail  by  avoirdupois  weight, 
measure  or  numerical  count. 

Sec.  12.  Falsely  representing  box  to  be  standard  box,  how  punished. — 
Whoever  represents,  by  marking  or  otherwise,  any  box  or  half -box 
to  be  a  standard  box  or  standard  half-box  for  the  sale  of  farm 
produce,  unless  it  conforms  to  the  foregoing  requirements,  shall  be 
fined  not  more  than  fifty  dollars. 

Sec.  13.  Commissioner  of  weights  and  measures  to  enforce  act. — The 
commissioner  and  inspectors  of  weights  and  measures  shall  enforce 
the  provisions  of  this  subdivision. 

Sec.  16  (1873).  Cord  wood,  how  measured. — All  cord  wood  exposed 
for  sale  shall  be  either  four  feet,  three  feet  or  two  feet  long,  includ- 
ing half  the  kerf,  and,  being  well  and  closely  laid  together,  a  quan- 
tity measuring  eight  feet  in  length,  four  in  width  and  four  in  height 
shall  constitute  a  cord. 

Sec.  17  (1883).  Measurers  of  wood  and  bark;  duties  and  fees. — It 
shall  be  the  duty  of  measurers  of  wood  and  bark  to  measure  any  wood 
or  bark  whenever  requested,  and  to  give  a  certificate  thereof;  and 
they  shall  be  paid  for  the  service,  by  the  party  requesting  the  same, 
forty  cents  for  each  hour  or  fractional  part  of  an  hour  necessarily 
spent  by  them,  when  the  quantity  to  be  measured  exceeds  twenty 
cords,  and  four  cents  a  cord  when  it  is  twenty  cords  or  less. 


NEW  HAMPSHIRE  519 

Sec.  18.  Refusing  or  neglecting;  penalty. — If  any  measurer,  upon 
tender  of  his  fees,  shall  unreasonably  neglect  or  refuse  to  measure 
or  certify  any  wood  or  bark  brought  to  him  for  that  purpose,  or 
shall  give  any  false  certificate,  he  shall  for  each  offense  forfeit  five 
dollars. 

Sec.  19  (1870).  Contracts  for  purchase  and  sale  of  cotton,  how  con- 
structed.— All  contracts  for  sale  and  purchase  of  raw  or  unmanu- 
factured cotton,  made  within  this  State,  shall  be  taken  and  deemed 
to  be  contracts  for  sale  and  purchase  at  actual  weights,  exclusive 
of  the  weight  of  bagging,  rope,  iron  ties  or  straps,  or  any  other 
material  in  which  the  cotton  may  be  packed. 

Sec.  20.  Marking  of  bales. — Where  there  is  no  special  agreement  as 
to  the  amount  of  tare  to  be  allowed  on  each  bale,  every  bale  of  raw 
or  unmanufactured  cotton  sold  or  offered  for  sale  within  this  State 
shall  have  legibly  marked  upon  it,  or  upon  some  tag  securely  fixed 
thereto,  the  gross  weight  of  such  bale  and  the  aggregate  weight  of 
the  bagging,  rope  and  ties,  or  other  materials  in  which  the  cotton 
is  packed,  together  with  the  name  of  the  weigher. 

Sec.  21.  Tare,  how  ascertained. — For  the  purpose  of  ascertaining  the 
weight  of  the  packing  material  upon  cotton,  according  to  the  pro- 
visions of  this  subdivision,  and  in  the  absence  of  a  special  agreement 
as  to  tare,  it  shall  be  lawful  to  weigh  by  sample;  but  there  shall  be 
an  actual  weighing  of  the  packing  materials  of  at  least  one  bale 
in  ten  of  each  lot,  after  the  same  shall  have  been  stripped  or  removed 
from  the  bale. 

Sec.  39  (1907).  Ice  to  be  weighed  on  delivery;  penalty. — A  dealer  in 
ice  who,  on  request  of  the  purchaser,  refuses  or  neglects  to  weigh  the 
same  when  delivered,  or  gives  a  false  weight,  shall  be  fined  not  more 
than  fifty  dollars. 

Sec.  40.  Employee. — Whoever,  having  charge  of  the  delivery  of  ice 
from  a  wagon,  not  being  a  dealer  in  ice,  refuses  to  weigh  the  same 
on  the  request  of  the  purchaser  when  it  is  delivered,  or  gives  a  false 
weight,  shall  be  fined  not  more  than  ten  dollars. 

Sec.  41  (1923).  Coal  standards. — The  public  service  commission  shall 
fix  reasonable  standards  with  respect  to  the  amount  of  bone,  slate  or 
other  foreign  substances  which  may  be  contained  in  anthracite  coal 
sold  as  standard  coal  within  this  State.  Such  standards  shall  be  set 
forth  in  an  order  or  orders,  and  shall  take  effect  at  such  time  as 
shall  be  stated  therein  and  remain  in  force  until  modified  by  the  com- 
mission. In  fixing  such  standards  due  regard  shall  be  had  for  the 
custom  of  the  trade  as  carried  on  by  reputable  dealers,  and  the 
orders  of  the  commission  shall  be  designed  to  protect  the  public  from 
imposition. 

Sec.  42.  Sales. — No  person  shall  sell  or  offer  for  sale  any  anthra- 
cite coal  which  does  not  comply  with  the  standards  fixed  in  accord- 
ance with  section  41  without  first  notifying  the  purchaser  of  the 
character  and  quality  of  the  coal  sold  or  offered  for  sale,  and  that 
the  same  does  not  comply  with  such  standards. 

Public  Laws,  1926,  Vol.  1,  ch.  163,  p.  613. 

Sec.  11  (1901).  Milk  inspectors  to  secure  certificates  of  competency. — 
Everjr  milk_  inspector  in  any  city  or  town  in  this  State,  or  whoever, 
either  for  himself  or  in  the  employ  of  another,  manipulates  the  Bab- 
cock  test  or  any  other  test,  whether  mechanical  or  chemical,  for  the 


520  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

purpose  of  measuring  the  contents  of  butter  fat  or  solids  in  milk 
or  cream  as  a  basis  for  apportioning  the  value  of  such  milk  or 
cream,  or  the  butter  or  cheese  made  from  the  same,  shall,  except  as 
provided  in  section  70,  procure  from  the  superintendent  of  the  dairy- 
department  of  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts,  a  certificate  showing  that  the  holder  is  competent 
and  well  qualified  to  perform  such  work.  The  fee  for  issuing  such 
certificate  shall  in  no  case  exceed  one  dollar,  the  same  to  be  paid  by 
the  applicant  to  said  superintendent,  and  to  be  used  by  the  superin- 
tendent in  meeting  the  expense  incurred  by  him  under  this  section. 

Sec.  12.  Instruments  to  be  tested.— Every  instrument  or  piece  of 
glassware  used  for  testing  or  measuring  milk  or  cream,  at  any  cream- 
ery, butter  factory,  cheese  factory  or  condensed  milk  factory  in 
determining  the  value  of  milk  or  cream  received  from  different 
persons,  or  by  any  milk  inspectors  in  any  city  or  town  in  this  State, 
shall  be  tested  for  accuracy  of  measurement,  and  for  the  accuracy 
of  the  per  cent  scale  marked  thereon,  by  said  superintendent  or  by 
some  competent  person  designated  by  him.  The  superintendent  or 
person  thus  designated  shall  mark  such  instruments  or  glassware 
with  such  marks  or  characters  as  cannot  be  erased,  which  marks 
or  characters  shall  stand  as  proof  that  they  have  been  so  tested,  and 
no  incorrect  instruments  or  glassware  shall  be  thus  marked.  The 
superintendent  shall  receive  for  such  service  the  actual  cost  incurred 
and  no  more,  the  same  to  be  paid  by  the  person  for  whom  the  test 
is  made. 

Sec.  13.  Record  of  certificates  and  tests. — He  shall  keep  a  record  of 
all  persons  to  whom  certificates  are  issued,  with  the  dates  thereof, 
and  of  the  number  and  description  of  all  instruments  and  pieces 
of  glassware  inspected  and  marked,  and  for  whom  each  was  in- 
spected. 

Sec.  14.  Milk  testing  regulations. — Any  person  who  tests  milk  or 
cream  contrary  to  the  provisions  of  this  subdivision,  or  who  tests 
milk  or  cream  to  determine  or  apportion  its  value  with  appliances 
that  have  not  been  inspected  and  marked  by  the  authorities  herein 
named,  shall  be  fined  not  less  than  five  dollars  for  each  week  that 
he  serves  or  that  such  unmarked  and  untested  appliances  are  used. 

Sec.  27  (al869).  Measure  of  milk. — Milk  shall  be  bought  and  sold 
by  wine  measure,  the  standard  for  which  shall  be  two  hundred  and 
thirty-one  cubic  inches  to  the  gallon,  and  for  subdivisions  of  the 
gallon  in  the  same  proportion. 

Sec.  28.  Measures  for  milk  to  be  tried  and  proved  by  standard  of  wine 
measure. — All  measures  or  vessels  used  in  the  sale  of  milk  shall  be 
tried  and  proved  by  the  standard  of  wine  measure,  and  the  quantity 
they  hold  agreeably  to  such  standard  shall  be  marked  thereon.  Any 
person  selling  any  milk  by  any  other  than  measures  so  tried,  sealed, 
and  marked,  shall  be  fined  ten  dollars. 

Sec.  29  (al873).  Milk  cans  to  be  sealed  and  marked  annually. — All 
milk  cans  used  by  persons  engaged  in  the  business  of  purchasing 
milk  at  wholesale,  shall  be  sealed  annually  by  the  sealer  of  weights 
and  measures  in  the  city  or  town  where  the  purchaser  resides;  and 
no  milk  can  shall  be  sealed  which  does  not  contain  one  or  more 
quarts,  and  the  capacity  of  the  can  shall  be  legibly  marked  upon 
it  by  the  sealer. 


NEW  HAMPSHIRE  521 

Sec.  30  (1873).  Capacity. — When  milk  is  purchased  by  the  can, 
such  can  shall  hold  eight  quarts  of  milk  and  no  more. 

Sec.  31.  Penalty. — Any  person  violating  the  provisions  of  the  two 
preceding  sections  shall  be  fined  not  more  than  fifty  dollars. 

Sec.  57  (1925).  Testing  samples. — The  commissioner,  or  his  deputy, 
may  enter  upon  the  premises  of  a  receiving  station  and  upon  any 
place  where  milk  or  cream  is  received  for  transportation,  and  take 
samples  drawn  for  the  purpose  of  testing  butter  fat  content  or  the 
various  constituents  of  milk  or  cream,  which  is  on  the  premises  or 
in  the  possession  of  an  employee,  or  may  take  samples  from  vendors' 
deliveries  for  the  purpose  of  testing  the  same. 

Sec.  63.  Inspection  cf  apparatus. — The  commisisoner  or  his  deputy 
may  enter  the  premises  of  any  receiving  station  and  may  inspect 
or  test  all  apparatus  and  materials  used  in  weighing  or  making 
tests  of  the  product  received,  for  the  purpose  of  determining  the 
accuracy  of  the  same,  and  may  order  any  apparatus  to  be  repaired, 
or  may  condemn  the  same  or  any  part  thereof,  or  any  materials  used 
in  making  tests. 

Sec.  64.  Rules. — The  commissioner  may  give  such  instruction  and 
make  such  regulations  concerning  the  taking  of  samples  of  milk  and 
cream,  making  the  butter  fat  test  and  computing  the  results  thereof, 
as  he  deems  proper. 

Sec.  70.  Testers'  licenses. — Any  person  who  manipulates  the  Bab- 
cock  test  or  any  other  mechanical  or  chemical  test,  for  the  purpose 
of  measuring  the  percentage  of  butter  fat  or  solids  in  milk  or  cream 
as  a  basis  for  paying  for  product  purchased  by  a  receiving  station, 
shall  procure  from  the  commissioner  a  license  showing  that  the 
holder  is  competent  and  qualified  to  perform  such  work,  the  com- 
petency and  qualification  of  such  testers  to  be  determined  by  exami- 
nation by  the  State  dairy  inspector. 

Public  laws,  1926,  Vol.  1,  ch.  167,  p.  654. 

Sec.  1  (1901).  Duties  of  surveyors  of  lumber. — Surveyors  of  lumber 
shall  survey  all  plank,  boards,  spars,  slit  work,  shingles,  clapboards 
and  timber  previous  to  the  sale  thereof,  and  shall  measure  the  same 
if  necessary,  having  due  consideration  for  drying  and  shrinking, 
making  reasonable  allowance  for  rot,  knots  and  splits.  They  shall 
mark  the  same  anew  according  to  the  just  contents  thereof,  if  re- 
quested by  the  seller  or  purchaser,  and  give  a  certificate  of  the 
quantity  and  sorts,  if  required,  on  payment  therefor. 

Sec.  3.  Standard  thickness  of  plank. — The  standard  of  thickness  of 
merchantable  plank  shall  be  two  inches,  and  when  any  plank  of  a 
different  thickness  shall  be  purchased  it  shall  be  admeasured  and 
calculated  by  that  standard. 

Sec.  4.  Ship  timber,  how  measured. — All  round  ship  timber  shall  be 
measured  according  to  the  following  rule :  A  stick  of  timber  sixteen 
inches  in  diameter  and  twelve  inches  in  length  shall  constitute  one 
cubic  foot,  and  in  the  same  ratio  for  any  other  size  and  quantity; 
forty  feet  shall  constitute  one  ton. 

Sec.  5.  Timber  by  thousand,  how  measured. — All  round  timber,  the 
quantity  of  which  is  estimated  by  the  thousand,  shall  be  measured 
according  to  the  following  rule :  A  stick  of  timber  sixteen  inches  in 
diameter  and  twelve  inches  in  length   shall   constitute  one  cubic 


522  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

foot,  and  the  same  ratio  shall  apply  to  any  other  size  and  quantity. 
Each  cubic  foot  shall  constitute  ten  feet  of  a  thousand. 

Sec.  6.  Measuring  round  timber. — Any  person  measuring  round 
timber,  the  quantity  of  which  is  estimated  by  the  thousand,  shall 
mark  upon  each  log  surveyed  by  him  the  contents  thereof,  unless 
it  is  otherwise  agreed  by  the  parties  contracting. 

Sec.  7.  Shingles,  sizes  of. — All  shingles  offered  for  sale  in  this  State 
shall  be  straight,  four  inches  wide,  free  from  shakes  and  worm  holes ; 
shall  be  split  or  sawed  in  a  longitudinal  direction  crosswise  the  grain, 
and  shall  be  designated  and  known  according  to  their  quality  as 
No.  1,  No.  2,  No.  3,  or  refuse. 

Shaved  shingles  No.  1  shall  be  eighteen  inches  long,  seven-six- 
teenths of  an  inch  thick  at  the  butt  end,  shall  be  free  from  knots 
and  sap,  and  shall  be  breasted. 

No.  2  shall  be  at  least  seventeen  inches  long,  three-eighths  of 
an  inch  thick  at  the  butt  end,  and  clear  of  knots  and  sap. 

No.  3  shall  be  at  least  fifteen  inches  long,  and  three-eighths  of  an 
inch  thick  at  the  butt  end     *     *     * 

Sec.  8.  Admeasurement;  number  in  bundle. — No  shingles  shall  pass 
inspection  unless  so  packed  as  to  contain  by  admeasurement  one 
quarter  of  a  thousand  in  each  round  bunch,  and  either  one  thousand 
or  one  half  or  one  quarter  of  a  thousand  in  each  square  bunch.  Each 
bunch  or  bundle  shall  be  branded  upon  the  butt,  No.  1  No.  2  No.  3 
refuse  or  O,  according  to  the  quality ;  and  also  with  the  abbreviation 
N.  H.,  which  brand  last  mentioned  shall  be  furnished  by  the  town. 

Sec.  10.  Staves,  hoops,  etc.,  sizes  of;  pipe  staves;  hogshead  staves; 
barrel  staves;  white  oak  staves;  red  oak  staves;  splitting;  shooks;  head- 
ings; hoops;  counted  by  decimal  hundred. — All  white  oak  butt  staves 
shall  be  at  least  five  feet  in  length,  five  inches  wide,  and  one  inch 
and  a  quarter  thick  on  the  heart  or  thinnest  edge  and  every  part 
thereof. 

All  white  oak  hogshead  staA^es  shall  be  at  least  forty- two  inches 
long,  four  inches  broad  in  the  narrowest  part  and  not  less  than  one 
inch  thick  on  the  heart  or  thinnest  edge.2 

All  white  oak  hogshead  staves  shall  be  at  least  forty-two  inches 
long,  and  not  less  than  three-quarters  of  an  inch  thick  on  the  heart 
or  thinnest  edge. 

All  white  oak  barrel  staves  for  foreign  market  shall  be  thirty- 
two  inches  long,  and  for  home  use  shall  be  thirty  inches  long,  and 
all  shall  be  half  an  inch  thick  on  the  heart  or  thinnest  edge. 

All  white  oak  hogshead  and  barrel  staves  shall  be,  one  with 
another,  four  inches  in  breadth,  and  none  less  than  three  inches  in 
breadth  in  the  narrowest  part,  and  those  of  the  last  breadth  shall 
be  clear  of  sap. 

All  red  oak  hogshead  and  barrel  staves  shall  be  of  the  same  length, 
width  and  thickness  with  the  white  oak  hogshead  and  barrel  staves 
aforesaid. 

All  staves  shall  be  well  and  proportionately  split. 

2  This  paragraph  has  apparently  been  changed  unintentionally.  It  read  as  follows  in 
the  former  compilation  of  laws  entitled,  Public  Statutes  and  Session  Laws,  in  force 
January  1,  1901 :  "  All  white  oak  pipe  staves  shall  be  at  least  four  feet  eight  inches 
long,  four  inches  broad  in  the  narrowest  part,  and  not  less  than  one  inch  thick  on  the 
heart  or  thinnest  edge." 


NEW  HAMPSHIRE  523 

All  shooks  shall  be  forty  inches  long,  and  not  less  than  two  and 
a  half  inches  wide  at  the  ends,  and  full  half  an  inch  thick  when 
dressed. 

All  white  oak  hogshead  heading  shall  be  one  inch  thick,  thirty 
inches  long,  and  not  more  than  five  pieces  to  one  head. 

All  hogshead  hoops  shall  be  made  of  white  oak,  brown  ash  or 
walnut,  of  good  and  sufficient  substance,  well  shaved  and  either 
ten,  twelve,  or  fourteen  feet  in  length;  the  oak  and  ash  hoops  shall 
not  be  less  than  one  inch  broad,  and  the  walnut  hoops  not  less  than 
three-quarters  of  an  inch  broad;  all  hoops  of  ten,  twelve,  and 
fourteen  feet  respectively  shall  be  made  up  in  distinct  bundles 
by  themselves  containing  twenty-five  hoops  each;  and  each  bundle 
intended  for  exportation  shall  be  branded  on  the  band  thereof  with 
the  brand  of  the  town  whence  exported. 

All  hoops  and  staves  shall  hereafter  be  counted  and  sold  by  the 
decimal  hundred. 

Public  Laws,  1926,  Vol.  1,  ch.  184,  p.  712. 

Sec.  1  (al915).  Feeding  stuff  to  bear  statement  of  weight. — Every 
person  who  shall  sell,  offer,  or  expose  for  sale  or  for  distribution  in 
this  State  any  concentrated  commercial  feeding-stuff  used  for  feed- 
ing farm  livestock  shall  furnish  with  each  car  or  other  quantity 
shipped  in  bulk,  and  shall  affix  to  every  package  of  such  feeding 
stuff,  in  a  conspicuous  place  on  the  outside  thereof,  a  plainly  printed 
statement  clearly  and  truly  certifying  the  number  of  net  pounds  in 
the  package  sold  or  offered  for  sale,  the  name  or  trade-mark  under 
which  the  article  is  sold,  the  name  of  the  manufacturer  or  shipper, 
the  place  of  manufacture,  the  place  of  business,     *     *     * 

Sec.  2.  When  sold  at  retail;  certificates. — Whenever  any  feeding- 
stuff  is  sold  at  retail  in  bulk,  or  in  containers  belonging  to  the  pur- 
chaser, the  agent  or  dealer,  upon  request  of  the  purchaser,  shall  fur- 
nish to  him  the  certified  statement  named  in  preceding  section. 

Sec.  13  (1923).  Vendors  of  corn  or  other  foods  for  livestock  shall  fur- 
nish printed  statement  showing  net  weight,  when. — Every  person  who 
shall  sell,  offer,  or  expose  for  sale  in  this  State  any  corn,  whole, 
ground  or  cracked,  oats,  rye,  barley,  wheat  or  buckwheat,  used  for 
feeding  livestock  or  poultry,  shall  furnish  with  each  car  or  other 
quantity  shipped  in  bulk  a  plainly  printed  statement  showing  net 
weight  and  grade,  as  hereafter  provided,  and  shall  affix  to  each  bag 
of  grain  a  plainly  printed  statement  or  tag,  showing  the  grade  of 
goods  and  net  weight  contained  therein,  and  the  name  and  address 
of  the  dealer  selling  the  same  if  the  grain  be  below  the  following 
standards:  Below  No.  1  for  clipped  oats;  below  No.  2  for  natural 
oats,  rye,  barley  or  buckwheat. 

Public  Laws,  1926,  Vol.  1,  ch.  185,  p.  715. 

Sec.  1  (1915).  Fungicides  and  insecticides;  labeling. — Every  lot  or 
package  of  fungicide  or  insecticide  which  is  manufactured,  sold,  dis- 
tributed, or  offered  or  exposed  for  sale  in  this  State  shall  have  affixed 
in  a  conspicuous  place  on  the  outside  thereof  a  plainly  printed  state- 
ment clearly  and  truly  stating  the  net  weight  in  the  package  or 
container,  the  name  or  trade-mark  under  which  the  article  is  sold, 


524  LAWS  CONCERNING  "WEIGHTS  AND  MEASURES 

the  name  and  address  of  the  manufacturer  or  shipper,  the  place  of 
manufacture,    *     *     *. 

Public  Laws,  1926,  Vol.  1,  ch.  186,  p.  718. 

Sec.  1  (1901).  Packages,  how  to  be  marked. — Every  lot  or  parcel  of 
commercial  fertilizer  or  fertilizer  material  sold  or  offered  or  exposed 
for  sale  within  this  State  shall  be  accompanied  by  a  plainly  printed 
statement,  clearly  and  truly  certifying  the  number  of  net  pounds  of 
fertilizer  in  the  package,  the  name,  brand  or  trade-mark  under  which 
the  fertilizer  is  sold,  the  name  and  address  of  the  manufacturer  or 
importer,  the  location  of  the  factory,     *     *     * 

Public  Laws,  1926,  Vol.  1,  cb.  42,  p.  179. 

Sec.  76  (1923).  Standard  time  defined;  establishment  of  other  systems 
of  time  by  municipality  unlawful. — The  standard  time  within  the 
State  shall  be  based  on  the  mean  astronomical  time  of  the  seventy- 
fifth  degree  of  longitude  west  from  Greenwich,  known  and  desig- 
nated by  the  Federal  statute  as  "United  States  standard  eastern 
time."  It  shall  be  unlawful  for  any  town  or  other  municipality  to 
vote  for,  or  otherwise  establish,  any  other  system  of  time.  Any 
violation  of  the  provisions  of  this  act  shall  be  punishable  by  a  fine 
of  not  more  than  $500. 


NEW  JERSEY 

SuppL,  1911-1915,  to  Comp.  Stats.,  1910,  p.  1624. 

Sec.  1.  (1911).  Weights  and  measures  defined;  superintendent;  assist- 
ant.— The  words  "  weight  and  measure  "  or  "  weights  and  measures  " 
as  used  in  this  act  shall  be  deemed  to  mean  and  to  include  any 
weight,  measure,  scale  beam,  patent  balance,  spring  scale,  steelyard, 
tape,  counter  measure,  receptacle  of  any  kind,  or  any  other  instru- 
ment or  apparatus  and  accessories  connected  therewith  used  in 
weighing  or  measuring  any  commodity,  fluid,  or  article  of  mer- 
chandise. 

The  word  "  superintendent "  as  used  in  this  act  shall  be  deemed  to 
mean  in  all  instances  superintendents  of  weights  and  measures. 

The  word  "  assistant "  shall  be  deemed  to  mean  assistant  superin- 
tendent of  weights  and  measures. 

Sec.  2.  Standards. — The  standards  of  weights  and  measures  in  this 
State  shall  be  those  recognized  or  furnished  by  the  United  States. 

Sec.  4.  Standard  ton. — The  standard  gross  ton  shall  consist  of  two 
thousand  two  hundred  and  forty  (2,240)  pounds.  The  standard 
net  ton  shall  consist  of  two  thousand  (2,000)  pounds. 

Sec.  5  (al914).  Dimensions  of  cranberry  barrel. — The  standard 
barrel x  to  be  used  for  buying  or  selling  cranberries  in  this  State,  or 
for  transporting  the  same  outside  of  this  State  shall  be  of  the 
following  size  when  measured  without  distention  of  its  parts,  to  wit : 
Head,  sixteen  and  one-quarter  (16^)  inches  diameter;  staves 
twenty-eight  and  one-half  (28y2)  inches  long;  and  not  more  than 
four-tenths  (^)  of  an  inch  thick;  bilge,  fifty-eight  and  one-half 
(58y2)  inches  outside  circumference;  distance  between  heads, 
twenty-five  and  one-quarter  (25%)  inches.  Such  barrels  shall  be 
branded  or  stenciled  in  a  durable  manner  "  standard." 

Sec.  6  (1911).  Cranberry  bushel  and  crates. — The  standard  measure 
for  a  bushel *  of  cranberries  shall  be  thirty-two  (32)  quarts,  rounded 
measure;  that  crates  (or  boxes)  to  be  used  for  buying  or  selling 
cranberries  in  this  State  or  for  transporting  the  same  outside  of 
this  State  shall  be  of  the  following  size,  to  wit:  Twenty -two  (22) 
inches  in  length,  twelve  (12)  inches  in  depth  and  seven  and  one- 
half  (7y2)  inches  in  width  inside  clear  measure. 

Sec.  7.  Use  of  liquid  measures. — No  person  shall  use  a  liquid  measure 
in  the  purchase  or  sale  of  other  than  liquid  commodities. 

Sec.  8.  Coal  and  grain  sold  by  weight;  proviso;  delivery  tickets;  pro- 
visos.— All  grain,  coal,  coke  or  charcoal,  regardless  of  quantity,  shall 
be  sold  by  weight.  No  person,  firm  or  corporation  shall  deliver 
or  cause  to  be  delivered  any  grain  or  coal  in  amounts  exceeding 
one  hundred  pounds  without  each  sale  or  delivery  being  accom- 
panied by  a  delivery  ticket  and  duplicate  thereof:  Provided,  That 

1  See  footnote,  p.  20,  relative  to  Federal  standard  barrel. 

525 


526  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

there  shall  be  a  delivery  ticket  and  duplicate  thereof  delivered  with 
each  load  of  grain  or  coal  sold  and  delivered.  On  both  tickets  there 
shall  be  distinctly  and  indelibly  expressed,  in  ink  or  otherwise,  the 
quantity  or  quantities  in  pounds  of  grain  or  coal,  coke  or  charcoal 
contained  in  the  cart,  wagon  or  other  vehicle  used  in  such  delivery, 
the  name  of  the  purchaser  thereof,  and  the  name  of  the  dealer  from 
whom  purchased.  One  of  such  tickets  shall  be  delivered  to  the 
person  receiving  such  coal,  and  the  other  ticket  shall  be  retained 
by  the  seller  of  the  grain  or  coal :  Provided,  however,  That  the  pro- 
visions of  this  section  shall  not  apply  to  grain,  coal,  coke  or  char- 
coal sold  to  be  delivered  by  the  entire  car  or  cargo  direct  from  the 
vessels,  boats  or  cars  containing  the  same  to  one  designation  [destina- 
tion] ,  and  accepted  by  the  purchaser  on  the  original  bill  of  lading  or 
invoice  as  proof  of  weight :  Provided  furtJier,  Grain,  coal,  coke,  or 
charcoal  in  quantities  less  than  one  hundred  pounds  may  be  sold  by 
the  standard  dry  measure.2 

Sec.  8a  (1912).  Capacity  of  bottles  for  milk  and  cream;  variations  per- 
missible; vessels  marked;  designating  number. — Bottles  used  for  the 
sale  of  milk  and  cream  shall  be  of  the  capacity  of  half -gallon,  three 
pints,  one  quart,  one  pint,  half-pint  and  one  gill,  filled  full  to  the 
bottom  of  the  cap  ring  or  stopple.  The  following  variations  on 
individual  bottles  or  jars  may  be  allowed:  Six  drams  above  and  six 
drams  below  on  the  half -gallon;  five  drams  above  and  five  drams 
below  on  the  three  pints;  four  drams  above  and  four  drams  below 
on  the  quart ;  three  drams  above  and  three  drams  below  on  the  pint ; 
two  drams  above  and  two  drams  below  on  the  half-pint,  and  two 
drams  above  and  two  drams  below  on  the  gill.  Bottles  or  jars  used 
for  the  sale  of  milk  shall  have  clearly  blown,  or  otherwise  perma- 
nently marked,  in  the  sides  or  bottom  of  the  bottle  the  name, 
initials  or  trade-mark  of  the  manufacturer  and  a  designating  num- 
ber, which  designating  number  shall  be  different  for  each  manu- 
facturer and  may  be  used  in  identifying  the  bottles.  The  designat- 
ing number  shall  be  furnished  by  the  State  superintendent  of 
weights  and  measures  upon  application  by  the  manufacturer,  and  a 
record  of  the  designating  numbers  and  to  whom  furnished  shall  be 
kept  in  the  office  of  the  superintendent  of  weights  and  measures. 

Sec.  8b.  Penalty  for  noncompliance;  dealer's  responsibility. — Any 
manufacturer  who  sells  milk  and  cream  bottles  to  be  used  in  this 
State  that  do  not  comply  as  to  size  and  marking  with  the  provisions 
of  this  act  shall  suffer  a  penalty  of  five  hundred  dollars,  to  be  re- 
covered in  an  action  of  debt  to  be  brought  by  the  State  superintend- 
ent of  weights  and  measures,  and  the  penalty,  when  recovered,  shall 
be  paid  into  the  treasury  of  this  State.  Any  dealer  who  knowingly 
uses  for  the  purpose  of  selling  milk  or  cream  jars  or  bottles  pur- 
chased after  this  law  takes  effect  that  do  not  comply  with  this  sec- 
tion as  to  marking  the  capacity  shall  be  guilty  of  a  misdemeanor. 

Sec.  8c  (1914).  Fruit,  berries,  and  vegetables,  containers  for. — No  per- 
son shall  sell  or  deliver,  or  have  in  possession  with  intent  to  sell  or 
deliver,  any  fruit  or  fruits,  berries  or  vegetables,  contained  in  any 
basket,  box  or  other  container,  unless  such  basket,  box  or  other  con- 
tainer shall  be  of  the  capacity,  in  standard  dry  measure,  of  thirty- 

2  So  much  of  this  law  as  relates  to  the  use  of  dry  measures  for  determining  amounts  or 
quantities  is  repealed  by  Public  Laws,  1924,  ch.  59,  infra. 


NEW  JERSEY  527 

two,  twenty,  sixteen,  eight,  four  or  two  quarts,  or  one  quart  or  one 
pint:  Provided,  however,  That  nothing  in  this  act  contained  shall 
be  construed  to  apply  to  the  sale  or  delivery,  or  the  possession,  with 
intent  to  sell  or  deliver,  of  any  fruit  or  fruits,  berries  or  vegetables 
contained  in  any  sealed  can,  jar  or  bottle,  or  which  are  sold  by  the 
barrel,  except  cranberries,  which  may  be  sold  in  standard  crates  or 
barrels,  of  the  standard  measure  as  provided  by  the  act  to  which  this 
act  is  a  further  supplement. 

Sec.  8d.  Capacity  of  container  plainly  marked. — No  person  except  as 
hereinbefore  provided  shall  sell  or  deliver  or  have  in  possession 
with  intent  to  sell  or  deliver,  any  fruit  or  fruits,  berries  or  vege- 
tables, contained  in  any  basket,  box  or  other  container,  unless  such 
basket,  box  or  other  container  shall  have  legibly  marked  on  the  out- 
side thereof,  by  the  manufacturer  thereof,  in  English  letters  or 
Arabic  numerals,  the  exact  capacity  of  said  basket,  box  or  other  con- 
tainer, and  unless  said  basket,  box  or  other  container  shall  also 
contain  the  name  and  address  of  the  manufacturer  thereof,  painted 
or  written  thereon,  legibly  in  the  English  language ;  provided,  how- 
ever, that  any  manufacturer  of  any  such  baskets,  boxes  or  other 
containers  may  mark  thereon,  in  lieu  of  his  name  and  address,  a 
sign  or  symbol  furnished  him  by  the  superintendent  of  weights 
and  measures  of  this  State. 

Sec.  8e.  Penalty;  collection  of  penalty. — Any  person  violating  any 
of  the  provisions  of  this  act  shall  be  liable  to  a  penalty  of  not  less 
than  five  nor  more  than  one  hundred  dollars  for  each  offense.  Such 
penalty  may  be  sued  for  and  recovered  by  the  State  superintendent 
of  weights  and  measures  or  by  the  county  or  municipal  superin- 
tendent of  weights  and  measures  of  the  county  or  municipality  in 
which  such  violation  occurred.  The  proceedings  for  the  collection 
of  such  penalty  shall  be  in  all  respects  the  same  as  the  proceedings 
for  the  collection  of  penalties  under  and  by  virtue  of  the  provisions 
of  the  act  to  which  this  act  is  supplemental  with  the  amendments 
and  supplements  thereof,  including  any  amendments  and  supple- 
ments which  may  hereafter  be  passed  or  become  effective. 

Sec.  8f .  "  Person  "  defined. — The  word  "  persons "  as  used  herein, 
shall  include  copartnerships  and  corporations. 

Sec.  8g.  Repeal. — An  act  entitled  "A  supplement  to  an  act  entitled 
'An  act  to  establish  a  uniform  standard  of  weights  and  measures 
in  this  State,  to  establish  a  department  of  weights  and  measures, 
and  to  provide  penalties  for  the  use  of  other  than  standard  or  legal 
weights  and  measures,'  approved  April  twenty-fourth,  nineteen  hun- 
dred and  eleven,"  which  said  supplement  was  approved  March 
twelfth,  nineteen  hundred  and  thirteen,  is  hereby  repealed. 

Sec.  9  (1911).  Superintendents  and  assistants;  organization. — The  de- 
partment of  weights  and  measures  shall  consist  of  a  State 
superintendent,  of  assistant  State  superintendents,  of  county  super- 
intendents and  assistant  county  superintendents  and  of  a  municipal 
superintendent  and  assistant  municipal  superintendents  of  weights 
and  measures,  as  hereinafter  provided.  Each  person  appointed  as 
hereinafter  provided  as  either  superintendent  or  assistant  super- 
intendent shall,  before  entering  upon  his  duties,  take  an  oath  of 
office,  as  provided  by  law. 
517—26 34 


528  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  10,  as  amended  by  Laws,  1920,  ch.  209,  p.  404.  Appointment  of 
State  and  county  superintendents;  municipal  superintendents. — The  gov- 
ernor, by  and  with  the  advice  and  consent  of  the  senate,  shall  appoint 
a  State  superintendent  for  a  term  of  five  years.  The  governing  bodies 
of  the  respective  counties  shall  designate  the  county  superintendent. 
The  governing  body  of  any  municipality  having  a  population  of 
sixty  thousand  or  over  shall  by  ordinance  provide  for  the  office  of 
municipal  superintendent  of  weights  and  measures  and  shall  desig- 
nate the  municipal  superintendent.  When  such  municipal  body  shall 
have  adopted  such  ordinance,  and  shall  have  designated  such  super- 
intendent the  clerk  of  such  municipality  shall  file  with  the  State 
superintendent  a  certified  copy  of  such  ordinance  and  such  designa- 
tion, which  shall  be  entered  upon  the  records  of  the  State  super- 
intendent. The  governing  body  of  any  municipality,  other  than 
municipalities  above  referred  to,  may  by  ordinance  provide  for  the 
office  of  municipal  superintendent  of  weights  and  measures  and  may 
designate  the  municipal  superintendent.  When  such  municipal  body 
shall  have  adopted  such  ordinance  the  clerk  of  such  municipality 
shall  forthwith  file  with  the  State  superintendent  a  certified  copy, 
and  the  person  so  designated  shall  forthwith  be  entered  upon  the 
records  of  the  State  superintendent  as  the  municipal  superintendent 
of  weights  and  measures.  Any  person  now  holding  office  as  a  county 
or  municipal  superintendent  of  weights  and  measures,  and  all  per- 
sons appointed  as  in  this  act  provided,  shall  hold  their  said  offices 
under  and  by  virtue  of  the  provisions  of  an  act  entitled  "A  supple- 
ment to  an  act  entitled  'An  act  to  establish  a  uniform  standard  of 
weights  and  measures  in  this  State,  to  establish  a  department  of 
weights  and  measures  and  to  provide  penalties  for  the  use  of  other 
than  standard  or  legal  weights  and  measures,'  approved  April  twenty- 
fourth,  one  thousand  nine  hundred  and  eleven,"  which  said  supple- 
ment was  approved  March  twenty-first,  one  thousand  nine  hundred 
and  twelve. 

Sec.  11.  Assistants;  honorary  superintendents. — The  State  superin- 
tendent may  appoint  three  assistant  State  superintendents.  The 
respective  county  and  municipal  superintendents  may,  upon  resolu- 
tion of  the  respective  governing  bodies  of  said  counties  or  munici- 
palities appoint  assistant  county  or  municipal  superintendents.  The 
number  of  such  superintendents  and  assistant  superintendents  for 
such  county  or  for  such  municipality  shall  be  fixed  by  the  governing 
body  of  such  county  or  such  municipality.  No  other  persons  shall 
be  engaged  within  the  State  for  compensation  in  the  capacity  of 
superintendent,  sealer  or  inspector  of  weights  and  measures;  nor 
shall  any  other  person  act  in  any  official  capacity  as  such  superin- 
tendent, sealer  or  inspector,  provided  that  the  State  superintendent 
may  at  his  discretion  temporarily  appoint  honorary  or  special  super- 
intendents with  all  the  powers  of  the  regular  county  or  municipal 
superintendents.  Such  honorary  or  special  superintendents  shall 
serve  without  compensation. 

Seu.  12,  as  amended  by  Laws,  1925,  ch.  157,  p.  397.  Qualifications  for 
superintendents. — The  State  superintendent  shall  possess  scientific  and 
technical  knowledge  of  the  construction  and  use  of  standards  of 
weights  and  measures.  All  county  and  municipal  superintendents 
and  all  assistant  superintendents  shall  be  persons  of  sufficient  scien- 


NEW  JERSEY  529 

tific  knowledge  to  properly  inspect,  examine  and  report  on  the  tech- 
nical condition  of  said  standards.  All  county  superintendents  of 
weights  and  measures  now  holding  such  positions,  in  counties  which 
have  adopted  the  provisions  of  the  civil  service  act,  shall  be  placed 
in  the  classified  service  thereof,  and  shall  continue  in  such  positions, 
and  all  municipal  superintendents  of  weights  and  measures,  in  mu- 
nicipalities which  have  adopted  the  provisions  of  the  civil  service 
act,  shall  continue  in  said  positions,  subject  to  the  provisions  of  the 
civil  service  law. 

Sec.  12a,  as  amended  by  Laws,  1920,  ch.  210,  p.  406.  Tenure  of  office  of 
superintendents  and  employees. — The  county  superintendents  and  mu- 
nicipal superintendents  of  weights  and  measures  appointed  by  the 
governing  body  of  the  respective  counties  or  the  governing  body  of 
any  municipality  or  other  governing  bodies,  and  the  secretaries  and 
assistant  superintendents  appointed  by  the  respective  governing 
bodies  or  by  the  respective  county  or  municipal  superintendents  of 
weights  and  measures,  upon  resolution  of  said  governing  bodies,  shall 
hold  their  office  during  good  behavior,  and  shall  not  be  removed, 
discharged  or  reduced  in  pay  or  position  except  for  inefficiency,  in- 
capacity, conduct  unbecoming  an  employe  or  other  just  cause,  and 
until  the  said  officials  shall  have  been  furnished  with  the  written 
statements  of  the  reasons  for  such  removal,  discharge  or  reduction, 
and  shall  have  been  given  a  reasonable  time  to  make  written  answer 
thereto.  Nor  shall  such  removal,  discharge  or  reduction  be  made 
until  the  charge  or  charges  shall  have  been  examined  into  and  found 
true  in  fact  by  the  governing  board  or  body  of  such  county  or  muni- 
cipality appointing  the  said  superintendent  or  superintendents,  sec- 
retaries or  assistant  superintendents  at  a  hearing,  upon  reasonable 
notice  to  the  person  charged,  at  which  time  he  may  be  represented 
by  counsel  and  offer  testimony  of  witnesses  or  any  other  evidence  in 
his  own  behalf. 

Sec.  12b  (1912).  Clerical  assistance. — The  State  superintendent  of 
weights  and  measures  is  hereby  authorized  to  appoint  not  more  than 
two  clerical  assistants  as  he  may  deem  necessary,  the  salary  of  such 
clerical  assistants  to  be  paid  out  of  the  treasury  of  this  State,  in  such 
amounts  as  shall  be  fixed  and  determined  upon  by  said  State  super- 
intendent. The  total  amount  for  such  services  shall  not  exceed  the 
sum  of  two  thousand  and  four  hundred  dollars  in  any  one  year. 

Sec.  13,  as  amended  by  Laws,  1920,  ch.  333,  p.  595.  Salaries  of  superin- 
tendents and  assistants. — The  salary  of  the  State  superintendent  of 
weights  and  measures  shall  be  forty-five  hundred  dollars  per  annum. 
The  salaries  of  the  assistant  State  superintendents  shall  be  fixed  by 
the  State  superintendent  of  weights  and  measures  in  accordance  with 
the  schedules  provided  by  the  State  civil  service  commission.  The 
salary  of  the  county  and  assistant  county  and  municipal  and  as- 
sistant municipal  superintendents  shall  be  fixed  by  the  governing 
body  of  such  county  or  municipality,  as  the  case  may  be;  such  sal- 
ary shall  be  paid  in  the  manner  and  at  the  time  now  or  hereafter 
provided  by  law,  but  the  salary  of  no  county  or  assistant  county  or 
municipal  or  assistant  municipal  superintendents,  now  in  office,  shall 
be  decreased  or  diminished  during  his  incumbency  of  such  office  oi 
position. 

Sec.  13a  (1912).  Expenses  of  county  superintendents. — In  addition  (o 
the  salary  provided  by  law  or  by  the  governing  bodies  appointing  a 


530  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

county  superintendent  of  weights  and  measures,  the  said  county 
superintendents  shall  be  entitled  to  have  and  receive  the  actual 
expenses  incurred  by  them  personally  in  performing  the  duties  of 
their  office,  such  as  transportation,  livery,  telephone,  telegraph  and 
postal  charges,  to  be  paid  by  the  board  of  chosen  freeholders  of  their 
respective  counties  on  bills  itemized  and  properly  sworn  to. 

Sec.  14  (1911).  Authority  of  superintendents. — The  State  superin- 
tendent and  all  assistant  State  superintendents,  county  and  muni- 
cipal superintendents  and  their  assistants,  shall  have  full  power  and 
authority  to  weigh  or  have  weighed  grain,  coal,  or  other  commodi- 
ties while  in  transit  from  the  dealer  therein  to  the  purchaser  thereof, 
either  at  the  request  of  the  buyer  or  on  the  initiative  of  the  super- 
intendent or  his  assistant,  either  State,  county,  or  municipal,  and 
it  shall  be  the  duty  of  the  State  superintendent  to  send  his  assistant 
into  any  county  of  the  State  where  county  superintendent  had  not 
been  appointed,  and  said  superintendent  may  send  said  assistant 
into  any  county  of  the  State,  and  the  expenses  of  said  assistant  in- 
spectors while  making  said  tour  of  inspection  shall  be  paid  out  of 
the  fund  provided  by  law  for  the  department  of  weights  and 
measures. 

Sec.  15.  Duties  of  superintendents  of  weights  and  measures;  possession, 
keeping,  and  certification  of  standards;  supervising  authority. — It  shall 
be  the  duty  of  each  county  and  municipal  superintendent  to  take 
charge  of  all  copies  of  the  standards  adopted  by  this  act  as  the  stand- 
ards of  the  State,  which  shall  be  by  order  of  the  State  superintendent 
entrusted  to  his  care  as  the  official  standard  of  such  county  or  mu- 
nicipality; and  shall  take  all  other  precautions  necessary  for  their 
safe-keeping  and  for  their  maintenance  in  good  order.  The  State 
superintendent  shall  be  the  custodian  of  all  standards  now  the  prop- 
erty of  the  State  received  by  law  from  the  Federal  Government  or 
which  may  hereafter  be  legally  procured  from  or  certified  to  by  the 
National  Bureau  of  Standards,  and  he  shall  submit  all  standards  of 
said  State  once  in  ten  years  to  the  said  National  Bureau  of  Stand- 
ards for  certification.  He  shall  correct  the  standards  of  the  several 
counties  and  municipalities,  and  shall  at  least  once  in  five  years 
compare  the  same  with  those  in  his  possession. 

The  State  superintendent  shall  have  general  supervision  of  the 
administration  of  the  provisions  of  this  act;  shall  make  such  rules 
for  the  administration  of  the  affairs  of  his  office  and  of  the  offices 
of  the  county  and  municipal  superintendents  as  may  be  necessary 
for  its  proper  enforcement.  He  shall  have  general  supervision 
over  the  work  of  the  said  county  and  municipal  superintendents. 
The  assistant  State  superintendents  shall  be  under  the  direct  con- 
trol of  the  State  superintendent;  the  asssitant  county  and  assistant 
municipal  superintendents  shall  be  under  the  direct  control  of  the 
superintendent  of  their  respective  counties  or  municipalities,  and 
shall  have  all  the  powers  and  authority  of  a  superintendent  of 
weights  and  measures  in  making  inspections  and  measurements. 

Sec.  16.  Jurisdiction  of  county  officers. — The  jurisdiction  of  the 
county  superintendents  of  weights  and  measures  and  their  as- 
sistants shall  extend  throughout  the  county  for  which  they  were 
appointed  except  there  be  appointed  municipal  superintendents  as 
above  provided,  in  which  case  the  jurisdiction  of  the  county  superin- 


NEW   JEESEY  531 

teridents  will  not  extend  to  such  municipalities.  But  nothing  in 
this  act  shall  prevent  any  county  or  municipal  superintendent  or 
assistant  from  making  official  inspections  in  any  municipality  in  this 
State  upon  the  designation  of  the  State  superintendent. 

Sec.  17,  as  amended  by  Laws,  1918,  ch.  11,  p.  68;  tests;  seal  of  correct- 
ness; weights  and  measures  tested  and  sealed  annually. — Upon  the  re- 
quest of  any  citizen,  firm,  corporation  or  other  interested  party 
made  to  the  State  superintendent  or  any  municipal  or  county  super- 
intendent, such  superintendent  shall  cause  test  to  be  made  of  any 
weights  or  measures;  and  if  such  weight  or  measure  be  found  cor- 
rect, or  be  made  correct,  such  superintendent  or  assistant  shall  affix 
thereto  the  seal  of  the  department  certifying  to  the  correctness 
thereof. 

It  is  the  purpose  of  this  act  that  all  the  weights  and  measures  used 
in  trade  within  this  State  shall  be  tested  and  sealed  at  least  once  in 
each  year;  and  it  hereby  becomes  the  duty  of  every  county  or  mu- 
nicipal superintendent  to  cause  such  inspection  of  the  weights  and 
measures  used  within  his  jurisdiction  to  be  made  as  heretofore 
provided. 

Sec.  18  (1911).  Inspections  and  rules  for  sales;  official  badge. — When- 
ever any  weight  or  measure  has  been  duly  tested  as  herein  provided 
for,  and  has  been  found  correct,  the  superintendent  or  assistant  mak- 
ing the  test  shall  properly  seal  the  same.  If  such  weight  or  measure 
shall  not  be  found  correct  or  it  shall  not  be  possible  to  make  it  cor- 
rect, said  weight  or  measure  shall  not  be  used,  but  shall  be  disposed 
of  as  hereinafter  provided.  It  shall  be  the  duty  of  the  State  super- 
intendent and  his  assistants  to  direct  and  assist  the  county  and  mu- 
nicipal superintendents  in  making  inspections,  and  such  State  super- 
intendent may  also  make  rules  and  regulations  which  shall  govern 
the  sale  of  commodities.  Every  person  so  employed  under  any  sec- 
tion of  this  act  shall  devote  all  his  time  to  the  duties  of  the  office. 
Each  superintendent  and  assistant  superintendent  shall  be  furnished 
with  a  badge  displaying  his  official  number,  and  shall  exhibit  the 
same  when  demanded  at  any  time  during  the  performance  of  his 
duties.  It  shall  be  the  duty  of  the  State  superintendent  to  design, 
number,  register  and  issue  such  badges. 

Sec.  19,  as  amended  by  Laws,  1918,  ch.  11,  p.  68.  Information  sup- 
plied; records;  what  to  show;  annual  reports;  annual  tests  in  State  de- 
partments.— It  shall  also  be  the  duty  of  the  State  superintendent  to 
disseminate  such  information  to  the  citizens  of  this  State  as  will 
tend  to  protect  them  from  the  use  of  false  weights  and  measures. 

Every  superintendent  shall  keep  a  complete  record  of  all  standards 
examined  by  him,  and  every  municipal  and  county  superintendent 
shall  once  in  each  month,  not  later  than  the  fifth  day  thereof,  send 
to  the  State  superintendent  of  weights  and  measures,  upon  blanks 
furnished  by  said  State  superintendent,  a  report. 

Such  report  shall  contain :  (1)  The  number  of  tests  made  since  the 
last  preceding  report;  (2)  the  number  of  weights,  measures  and 
balances  found  by  such  tests  to  be  correct;  (3)  the  number  of 
weights,  measures  and  balances  found  by  such  tests  to  be  false;  (4) 
the  number  of  prosecutions  instituted  by  such  superintendents  since 
the  last  preceding  report,  together  with  the  name  and  address  of  the 
accused,  the  name  of  the  court  where  proceedings  were  instituted, 


532  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

and  the  result,  of  such  prosecutions;  (5)  such  other  matters  as  the 
State  superintendent  may  from  time  to  time  prescribe. 

Every  municipal  and  county  superintendent  shall  also  make  an 
annual  report  in  writing  of  his  work  to  the  State  superintendent, 
which  annual  report  shall  be  duly  subscribed  and  sworn  to  by  such 
superintendent  making  report  and  shall  be  forwarded  to  the  State 
superintendent  within  ten  days  after  the  last  day  of  the  State  fiscal 
year.  Such  annual  report  shall  contain  a  transcript  of  the  reports  of 
all  inspections;  and  the  State  superintendent  shall  within  thirty 
days  after  the  last  day  of  the  State  fiscal  year  make  a  report  to  the 
legislature,  which  shall  contain,  besides  any  recommendations  or 
suggestions  deemed  necessary  or  desirable,  an  abstract  or  digest  of 
the  reports  of  the  municipal  and  county  superintendents. 

The  State  superintendent  or  one  of  his  assistants  shall  at  least 
once  annually  test  all  weights  and  measures  used  in  checking  the 
receipt  or  disbursement  of  supplies  in  any  department  or  institu- 
tion maintained  wholly  or  in  part  by  the  State.  He  shall  keep  a 
complete  record  of  all  the  orders  and  rules  of  his  department,  of 
all  the  standards,  balances  and  other  apparatus  in  his  custody  belong- 
ing to  the  State,  and  shall  take  an  itemized  receipt  from  his  suc- 
cessor in  office  of  all  such  standards,  balances  and  other  apparatus. 

Sec.  20  (1911).  National  standards  procured;  standards  for  counties 
and  inmiicipalities ;  exclusive  use  of  standards. — It  shall  be  the  duty  of 
the  State  superintendent  to  procure  a  set  of  standards  properly  certi- 
fied by  the  National  Bureau  of  Standards,  which  shall  be  paid  for 
out  of  the  funds  of  the  State. 

It  shall  be  the  duty  of  the  superintendent  of  each  county  or  mu- 
nicipality to  procure  such  standards,  and  the  necessary  testing  and 
sealing  apparatus,  to  be  paid  for  out  of  the  funds  of  the  county  or 
municipality,  as  the  case  may  be. 

In  no  case  shall  said  standards,  whether  furnished  by  the  United 
States  or  dxdy  certified  by  them,  be  used  by  any  superintendent  for 
any  other  purpose  than  proving  or  adjusting  standards  of  weights 
and  measures  as  provided  for  in  this  act,  and  all  assistant  superin- 
tendents shall  be  provided  with  suitable  standards  or  copies  thereof 
for  use  in  the  performance  of  their  duties. 

Sec.  21.  Official  seal;  certificates  of  authority. — The  State  superin- 
tendent shall  provide  a  suitable  official  seal  to  be  used  by  him  during 
his  term  of  office  and  duly  surrendered  by  him  to  his  successor. 

He  shall  also  provide  for  himself  and  for  the  use  of  the  county 
and  municipal  superintendents,  seals  or  certificates  of  proper  form 
and  wording  to  be  attached  to  standards  of  weights  and  measures 
which  shall  have  been  approved  in  pursuance  of  the  provisions  of 
this  act. 

Sec.  22.  Inspection  on  request  of  owner ;  deviation  from  standard ;  notifi- 
cation; correction. — Whenever  any  inspection  of  weights  and  meas- 
ures has  been  made  as  hereinbefore  provided  upon  the  request  of  the 
owner  thereof,  if  any  weights  and  measures  so  inspected  shall  be 
found  not  to  conform  to  the  legal  standard,  the  superintendent  or 
assistant  superintendent  shall  notify  such  owner  in  writing  that  the 
use  of  such  weight  or  measure  is  illegal.  Within  fifteen  days  after 
the  serving  of  such  notice  the  owner  thereof  shall  have  such  weight 
or  measure  corrected  or  substituted  for  another,  and  notify  in  writing 


NEW   JERSEY  533 

the  superintendent  of  such  county  or  municipality  to  that  effect,  or 
shall  deliver  to  such  superintendent  within  said  time  the  defective 
weight  or  measure  for  confiscation ;  and  for  his  failure  to  so  do,  he 
shall  be  liable  to  a  fine  of  twei^-five  dollars. 

Sec.  23.  Inspection;  deviation;  correction;  confiscation;  penalty. — 
Upon  the  first  official  inspection  of  any  weight  or  measure,  except 
where  the  inspection  is  made  upon  the  request  of  the  owner  thereof 
as  provided  for  in  the  preceding  section,  if  such  weight  or  measure 
shall  be  found  to  deviate  from  the  legal  standard,  and  the  deviation 
shall  be  of  such  nature  as  not  to  be  easily  known  or  ascertained  by 
the  owner  thereof,  it  shall  be  lawful  for  the  owner  to  correct  such 
weight  or  measure,  so  that  it  may  conform  to  the  legal  standard,  and 
upon  failing  to  do  so,  within  two  days  after  such  inspection  it  shall 
be  lawful  for  the  superintendent  to  take  possession  of  and  destroy 
such  weight  or  measure.  If  the  said  deviation  or  the  causes  thereof 
shall  be  patent  or  easily  seen  or  easily  capable  of  being  known  by 
the  owner  thereof,  it  shall  become  the  duty  of  the  superintendent  or 
assistant  superintendent  to  immediately  take  possession  of  and  de- 
stroy such  weight  or  measure,  and  the  owner  thereof  shall  be  liable  to 
a  penalty  of  five  dollars  in  addition  to  any  other  penalties  and  pun- 
ishments herein  provided. 

Sec.  24.  Incorrectness  after  sealing. — If  any  weights  or  measures 
theretofore  sealed  and  certified  as  correct  shall  be  found  thereafter 
to  be  incorrect,  the  owner  thereof  shall  be  liable  to  a  penalty  of  ten 
dollars. 

Sec.  25.  All  weights  and  measures  must  be  tested  within  one  year; 
proviso. — After  one  year  from  the  passage  of  this  act  it  shall  be  un- 
lawful for  any  person  to  buy  or  sell  goods  by  the  use  of  any  weight 
or  measure  which  has  not  been  tested  and  sealed  according  to  the  pro- 
visions of  this  act,  under  penalty  of  twenty-five  dollars:  Provided, 
That  no  contract  shall  be  declared  void  unless  one  of  the  contracting 
parties  has  been  injured  by  the  use  of  the  weight  or  measure  not 
tested  and  sealed. 

Sec.  26,  as  amended  by  Laws,  1918,  ch.  11,  p.  68.  Penalties;  recovery  of 
penalty. — Any  person  who  injures  or  defrauds  another  by  using,  or 
causes  to  be  used,  or  has  in  his  possession  a  false  weight,  measure  or 
other  apparatus  for  determining  the  quantity  of  any  commodity,  or 
article  of  merchandise,  or  sells  or  exposes  for  sale  less  than  the 
quantity  he  represents,  shall  for  the  first  offense  be  liable  to  a  penalty 
of  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars,  and 
for  a  second  offense  be  liable  to  a  penalty  of  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars,  and  for  each  subsequent  offense 
shall  be  liable  to  a  penalty  of  not  less  than  one  hundred  dollars  nor 
more  than  two  hundred  dollars,  or  imprisonment  for  not  less  than 
thirty  days  nor  more  than  ninety  days,  or  both,  the  amount  of  said 
penalty  to  be  determined,  as  aforesaid,  in  the  discretion  of  the  dis- 
trict court  or  police  magistrate  having  jurisdiction,  and  if  any  per- 
son or  persons  shall  fail  to  pay  the  penalty  or  penalties  as  imposed, 
together  with  the  cost  of  prosecution,  the  said  court  or  police  magis- 
trate shall  issue  execution  against  the  goods  and  chattels  and  body 
or  bodies  of  the  defendant  or  defendants  as  provided  in  section 
thirty-nine  hereof  with  the  same  force  and  effect:  Provided,  how- 
ever, That  the  period  of  detention  of  ten  days  provided  therein  shall 
in  this  case  be  extended  to  a  period  not  exceeding  ninety  days. 


534  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  27  (1911).  Retention  of  false  scales  a  misdemeanor. — A  person 
who  retains  in  his  possession  any  weight  or  measure,  knowing  it  to 
be  false,  unless  it  appears  beyond  a  reasonable  doubt  that  it  was  so 
retained  without  intent  to  use  it,  or  permit  it  to  be  used  in  violation 
of  the  last  section,  is  guilty  of  a  misdemeanor. 

Sec.  28.  Improper  marking. — A  person  who  knowingly  marks  or 
stamps  false  or  short  weights,  or  false  tare  on  any  cask  or  package, 
or  knowingly  sells  or  offers  for  sale  any  cask  or  package  so  marked, 
is  guilty  of  a  misdemeanor. 

Sec.  29.  Deviation  allowable. — The  State  superintendents  of  weights 
and  measures  shall  fix  tolerances  or  allowable  deviations  from  the 
standards  as  herein  prescribed,  and  he  may  change  the  same  from 
time  to  time,  but  in  no  case  shall  such  allowable  deviation  be  less 
than  one-half  of  one  per  centum.  No  penalty  shall  be  imposed  for 
such  an  allowable  deviation.  It  shall  be  the  duty  of  the  inspector, 
however,  to  cause  all  weights  and  measures  to  conform  as  nearly  as 
possible  to  the  standard,  before  sealing. 

See.  30.  Each  piece  a  separate  violation. — The  use,  ownership  or  pos- 
session of  each  separate  weight  or  measure  in  violation  of  any  of  the 
provisions  of  this  act  shall  be  deemed  as  separate  violations  thereof. 
Nothing  herein  shall  be  construed  to  create  a  penalty  for  any  devia- 
tion in  weights  or  measures  from  the  standard  as  herein  set  forth 
when  such  deviation  shall  be  to  the  disadvantage  of  the  owner  thereof. 

Sec.  31.  Scale  of  penalties;  penalty  doubled  for  second  offense. — Any 
deviations  from  the  official  standards  herein  prescribed,  either  in 
weights  or  measures  or  in  packages,  crates,  barrels  or  other  receptacles 
in  which  any  commodity  is  sold  or  offered  for  sale,  which  shall  exceed 
the  allowable  error  as  set  forth  in  section  twenty-nine  hereof  by 
more  than  three  times  the  amount  of  such  allowable  error,  shall  be 
punished  by  a  penalty  double  that  otherwise  prescribed,  and  should 
such  deviation  exceed  such  allowable  error  by  more  than  five  times 
such  allowable  error,  the  penalty  shall  be  three  times  that  otherwise 
provided.  The  penalty  or  punishment  for  an  offense  or  penalty 
incurred  under  any  of  the  provisions  of  this  act  shall  be  double  that 
otherwise  prescribed  herein,  upon  its  being  shown  that  such  person 
has  heretofore  been  fined,  punished  or  convicted  under  the  same  or 
any  other  section  of  this  act,  providing  the  act,  or  omission  upon 
which  such  second  penalty  or  offense  is  based  shall  have  occurred 
after  the  conviction  or  recovery  for  such  first  offense. 

Sec.  32.  Presence  of  weights,  etc.,  presumption  of  use. — For  the  pur- 
poses of  this  act,  proof  of  the  existence  of  weights  or  measures  in  or 
about  any  building,  inclosure,  stand  or  vehicle  in  or  from  which  it  is 
shown  buying  or  selling  is  commonly  carried  on,  shall  be  presumptive 
proof  of  their  regular  use  for  such  purposes  and  of  their  ownership 
by  the  person  so  using  or  possessing  them,  and  such  facts  shall  be 
deemed  to  remain  established  until  disproved  beyond  reasonable 
doubt. 

Sec.  33.  As  to  authenticity  of  standards. — Each  weight  or  measure 
used  by  any  superintendent  or  assistant  superintendent  as  a  standard 
for  testing  the  weights  and  measures  used  in  buying  or  selling  shall 
be  stamped  or  marked  by  the  superintendent  of  such  county  or 
municipality  in  such  manner  as  he  may  determine.  A  certificate 
which  certifies  to  the  correctness  of  such  weight  or  measure,  desig- 
nating the  same  by  number,  and  giving  the  date  of  its  comparison 


NEW  JERSEY  535 

with  any  of  the  standard  weights  and  measures  deposited  with 
any  State,  county  or  municipal  superintendent  as  in  this  act  pro- 
vided, shall  be  presumptive  evidence  that  such  weight  or  measure 
has  continuously  since  that  date  of  such  comparison  conformed  with 
the  said  standards  and  the  national  and  State  standards.  Such  cer- 
tificate shall  be  signed  by  the  superintendent  of  the  State  or  the 
superintendent  of  such  county  or  municipality,  and  any  certificate 
substantially  setting  forth  the  above  facts  and  purporting  to  be 
so  signed  by  such  a  superintendent  shall  upon  its  production  be 
admitted  as  such  presumptive  evidence,  without  further  proof  of 
its  authenticity. 

Sec.  34.  Penalty  for  hindering  official. — No  person  shall  in  any  way 
or  manner  hinder  or  molest  any  duly  authorized  superintendent 
or  assistant  superintendent  in  the  performance  of  the  duties  herein 
imposed  upon  him,  under  penalty  of  one  hundred  dollars  for  every 
such  offense. 

Sec.  35.  Penalty  for  refusing  to  exhibit  weights,  etc.,  and  for  altering 
sealed  weights;  penalty  for  altering  sealed  weights. — No  person  shall 
refuse  to  exhibit  any  weights  or  measures  to  any  of  said  superin- 
tendents or  assistant  superintendents  for  the  purpose  of  being  so 
inspected  and  examined,  nor  shall  any  person  refuse  to  admit  such 
officer  to  his  store,  or  place  of  business,  during  the  usual  hours  for 
business,  nor  shall  any  person  who  may  be  buying,  selling  or  de- 
livering goods,  liquids  or  commodities  from  any  wagon  or  convey- 
ance refuse  to  permit  such  officer  to  examine  any  weights  or 
measures  which  may  be  in  or  about  such  conveyance,  under  the 
penalty  of  twenty-five  dollars  for  every  such  offense.  No  person 
shall  alter  or  change  in  any  manner  any  weight  or  measure,  or  allow 
the  same  to  be  done,  after  the  same  has  been  tested  and  sealed  by  any 
officer  or  inspector  under  the  authority  of  this  act,  so  that  the  same 
shall  weigh  or  measure  incorrectly,  under  penalty  of  one  hundred 
dollars  for  each  such  offense. 

Sec.  36.  General  penalty. — Any  person  violating  any  of  the  pro- 
visions of  this  act  for  which  a  specific  penalty  has  not  been  provided 
shall  be  liable  to  a  penalty  of  ten  dollars. 

Sec.  37.  New  scales  to  be  standard;  penalty  for  selling  false  scales. — 
Whenever  any  weight  or  measure  is  sold  or  delivered  after  sale 
to  any  person  within  this  State  for  the  purpose  of  use  in  the  pur- 
chase of  or  in  the  sale  of  commodities,  such  weight  or  measure 
shall  be  of  the  legal  or  true  standard  as  heretofore  provided  in 
this  act,  and  any  person  selling  a  false  weight  or  measure  with 
knowledge  that  it  is  to  be  used  in  weighing  or  measuring  commodi- 
ties shall  be  liable  to  a  penalty  of  fifty  dollars. 

Sec.  38.  Action  if  scale  easily  arranged  to  defraud. — Whenever  any 
superintendent  shall  find  that  a  particular  weight  or  measure  is  so 
constructed  as  to  facilitate  the  perpetration  of  fraud,  he  may  de- 
cline to  seal  the  same,  and  in  such  case  shall  report  his  act  to  the 
State  superintendent,  who  shall  thereupon  make  an  investigation, 
and  if  satisfied  that  its  use  is  prejudicial  to  the  best  interests  of 
the  public  shall  make  an  order  that  such  standard  shall  be  treated 
as  an  unlawful  standard.  Such  order  may  be  reviewable  both  as 
to  the  law  and  to  the  fact  upon  application  to  the  supreme  court. 

Sec.  39  (al913).  Recovery  of  penalties. — An  action  to  recover  any 
penalty  incurred  under  the  provisions  of  this  act  may  be  brought 


536  LAWS   CONCEBNING   WEIGHTS  AND   MEASURES 

in  the  name  of  the  State  of  New  Jersey  by  any  duly  appointed 
superintendent   or    any    assistant   superintendent   by    complaint   in 
writing,  duly  verified  by  such  superintendent  or  such  assistant  super- 
intendent, which  verification  may  be  upon  information  and  belief, 
or  may  be  verified  by  the  complaining  witness,  to  be  filed  with  the 
police  magistrate  or' the  district  court  of  any  municipality  in  this 
State  alleging  the  violation  in  said  municipality  of  any  of  the  pro- 
visions of  this   act  or  acts  supplementary  thereto   or   amendatory 
thereof,  who  is  hereby  authorized  to  issue  a  summons  returnable  in 
from  one  to  ten  days  from  the  date  thereof,  same  to  be  served  not 
less  than  two  days  prior  to  the  return  thereof,  or  a  warrant  directed 
to  any  superintendent  or  to  any  assistant  superintendent,  or  to  any 
constable  or  police  officer  commanding  him  to  cause  the  person  or 
persons  so  complained  of  to  be  summoned  or  arrested  and  brought 
before  such  judge  or  magistrate  who  shall  at  the  return  of  the  said 
summons  or  warrant  forthwith   in  a  summary   way  hear  and  de- 
termine the  guilt  or  innocence  of  such  person  or  persons,  and  upon 
conviction  shall  impose  upon  such   person  or  persons  so  convicted 
the  penalty  or  penalties  prescribed  for  such  offense,  together  with 
the  costs  of  prosecution  of  the  proceedings  in  said  court,  or  before 
such  magistrate,  and  if  any  person  or  persons  shall  fail  to  pay  the 
penalty  or  penalties  so  imposed,  together  with  the  costs  of  prosecu- 
tion, execution  shall  be  issued  against  his  or  their  goods  and  chattels, 
body  or  bodies  without  any  order  of  the  court  for  that  purpose  first 
had  and  obtained.     If  the  officer  executing  any  such  writ  shall  be 
unable  to  find  sufficient  goods  and  chattels  of  said  defendant  or  de- 
fendants in  his  bailiwick  to  make  the  amount  of  said  judgment  and 
costs,  he  shall  take  the  body  of  the  defendant  or  defendants  and 
deliver  him  or  them  to  the  keeper  of  the  common  jail  of  said  county 
for  a  period  not  to  exceed  ten  days,  except  as  may  be  otherwise  in 
this  act  in  this  respect  provided;  or  until  said  penalty  and  costs  are 
sooner  paid :  Provided*,  however,  That  the  defendant  or  defendants 
may  be  released  upon  order  of  the  judge  or  magistrate  before  the 
expiration  of  any  imprisonment  prescribed  in  default  of  payment 
of  any  judgment,  upon  the  written  order  of  the  committing  magis- 
trate or  a  justice  of  the  supreme  court,  in  the  discretion  of  said 
judicial  officer,  after  one  day's  notice  of  time  and  place  of  application 
for  such  order  to  the  State  superintendent  of  weights  and  measures. 
It  shall  be  the  duty  of  the  city  attorney  of  any  municipality  wherein 
such  violation  shall  take  place  to  assist  in  the  prosecution  of  the 
same,  unless  such  municipality  has  no  such  municipal  superintend- 
ent of  weights  and  measures,  as  provided  for  in  section  ten  hereof 
in  which  case  the  public  prosecutor  of  the  county  wherein  such  viola- 
tion shall  take  place,  shall  assist  in  such  prosecution.     All  fines  and 
penalties  collected  from  persons  offending  against  the  provisions  of 
this  act  shall  be  paid  by  the  magistrate  receiving  the  same  into  the 
county  treasury  of  such  county,  unless  such  penalty  was  incurred 
within  a  municipality  or  municipalities  having  a  municipal  super- 
intendent, as  provided  in  section  ten,  in  which  case  such  penalty 
shall  be  paid  into  the  treasury  of  said  municipality  or  municipalities 
pro  rata. 

Sec.  39a  (1913).  Arrest  without  warrant,  summary  hearing. — For  vio- 
lation of  any  of  the  provisions  of  the  act  to  which  this  act  and 


NEW   JEKSET  537 

section  is  supplementary,  done  within  the  view  of  any  superin- 
tendent or  assistant  superintendent  of  weights  and  measures,  such 
superintendent  or  assistant  superintendent  is  authorized,  without 
warrant,  to  arrest  the  offender  or  offenders  and  to  conduct  him  or 
them  before  the  judge  or  police  magistrate  having  jurisdiction  in 
said  municipality  wherein  such  arrest  is  made  and  offense  com- 
mitted, and  such  judge  or  police  magistrate  is  hereby  authorized 
and  required  on  verified  complaint  in  writing,  setting  forth  the 
nature  of  the  offense  for  which  said  arrest  was  made,  to  be  filed 
then  and  there  with  such  judge  or  police  magistrate,  before  the 
commencement  of  the  hearing,  to  hear  and  determine  in  a  sum- 
mary way  the  guilt  or  innocence  of  such  person  or  persons,  and 
inflict  the  penalties  provided  by  law. 

Sec.  39b,  as  amended  by  Laws,  1918,  ch.  11,  p.  68.  Right  of  appeal. — 
Any  party  to  any  proceeding  instituted  under  this  act  may  appeal 
from  the  judgment  or  sentence  of  the  district  court  or  police  magis- 
trate to  the  court  of  common  pleas  of  the  county  in  which  the  said 
proceedings  take  place:  Provided,  That  the  party  appealing  shall, 
within  ten  days  after  the  date  of  the  said  judgment,  file  a  written 
notice  of  appeal  with  the  district  court  or  police  magistrate,  pay 
the  costs  of  such  proceedings,  and  deliver  to  such  district  court  or 
police  magistrate  a  bond  to  the  opposite  party  in  double  the  amount 
of  the  judgment  appealed  from,  with  at  least  one  sufficient  surety, 
conditioned  to  prosecute  the  said  appeal  and  to  stand  to  and  abide 
by  such  further  order  or  judgment  as  may  hereinafter  be  made 
against  said  party,  which  appeal  shall  act  as  a  stay  of  execution, 
unless  said  appeal  shall  be  dismissed  for  want  of  jurisdiction  in  the 
court  appealed  to,  in  which  case  the  district  court  or  police  magis- 
trate may  issue  execution  as  in  this  act  provided  upon  the  remand- 
ing and  dismissal  of  the  appeal  papers  to  said  district  court  or 
magistrate  with  certified  copy  of  the  order  of  dismissal  as  afore- 
said. 

Sec.  39c  (1913).  Transcript  sent  to  court  of  common  pleas. — When- 
ever an  appeal  shall  be  taken  as  aforesaid,  it  shall  be  the  duty  of  the 
district  court  or  police  magistrate  to  send  all  papers,  together  with 
a  transcript  of  the  proceedings  in  the  case  to  the  next  term  of  the 
court  of  common  pleas  of  the  said  county,  if  at  least  five  days  shall 
intervene  between  the  rendition  of  said  judgment  and  the  commence- 
ment of  said  term  of  court;  but,  if  otherwise,  then  said  proceeding 
shall  be  brought  on  and  heard  at  the  next  subsequent  term  of  said 
court,  which  court  shall  hear  and  determine  such  appeal  in  the  same 
way  and  manner  as  said  case  was  heard  and  determined  by  such 
district  court  or  police  magistrate,  who  shall  render  final  judgment 
therein,  upon  which  judgment  in  case  of  affirmance  of  conviction, 
execution  directed  to  the  sheriff  as  provided  in  the  first  instance  in 
sections  twenty-six  and  thirty-nine  hereof  may  issue:  Provided, 
however,  That  if  the  defendant  shall  be  committed  to  jail  under 
any  execution  provided  for  in  this  act,  on  failure  to  pay  the  amount 
due  of  penalty  and  costs,  such  commitment  shall  be  construed  as  a 
waiver  and  release  of  any  appeal  bond  previously  given  in  the 
proceeding. 

Sec.  40  (1911).  Act,  how  construed. — This  act  shall  be  deemed  a 
public  act,  and  shall  be  liberally  construed.     Should  any  section  or 


538  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

provision  thereof  be  held  unconstitutional  or  invalid,  it  shall  not  be 
held  to  affect  any  other  section  or  provision  hereof. 

Sec.  42  (1912).  Fruits,  vegetables,  not  to  be  sold  in  baskets  containing 
less  than  one-half  bushel.— Hereafter  it  shall  be  unlawful  for  any 
person  or  corporation  in  this  State  to  sell  any  fruit,  vegetables  and 
the  like  by  the  basket,  which  basket  shall  contain  less  than  half  of  a 
bushel. 

Sec.  43.  Penalty. — Any  person  or  corporation  violating  any  of  the 
provisions  of  this  act  shall  be  liable  to  a  penalty  of  twenty-five 
dollars  for  each  offense,  to  be  recovered  in  an  action  of  debt  by  the 
board  of  health  of  the  State  of  New  Jersey,  in  the  name  of  the 
State :  Provided,  however,  Nothing  in  this  act  shall  prevent  the  sell- 
ing of  a  larger  or  smaller  measure  than  that  denominated  in  this  act. 

Comp.  Stats.,  1910,  Vol.  2,  p.  2586. 

Sec.  94  (1896).  Bread  to  be  sold  by  weight.— That  hereafter  all 
bread  sold  in  this  State  shall  be  sold  by  weight,  and  the  weight  of  all 
loaves  of  bread  offered  for  sale  shall  be  specified  by  the  baker  or 
dealer  to  the  consumer,  if  said  consumer  require  it;  all  bread  sold 
shall  be  free  from  all  impure  or  foreign  substances  or  anjr  material 
injurious  to  health. 

Sec.  95.  Penalty. — Any  person  offending  against  the  provisions  of 
this  act  by  refusing  to  specify  the  weight  when  so  required,  or  by 
falsely  specifying  said  weight  intentionally  or  by  wilfully  inserting 
in  bread  made  or  sold  by  him  any  impure  or  foreign  substance  or 
material  injurious  to  health,  shall,  upon  conviction  therefor,  be 
punished  by  a  fine  not  exceeding  the  sum  of  twenty-five  dollars  for 
each  offense,  in  the  discretion  of  the  court. 

Sec.  96.  Jurisdiction. — Any  offenses  under  this  act  shall  be  cog- 
nizable in  cities  before  recorders  or  police  magistrates  exclusively 
where  there  are  such  magistrates,  and  in  towns,  cities  and  other 
places  where  there  is  no  such  magistrate,  before  a  justice  of  the 
peace. 

Laws,  1924,  ch.  59,  p.  110. 

Sec.  1.  Commodities  sold  by  weight  instead  of  dry  measure;  proviso. — 
From  and  after  the  taking  effect  of  this  act,  all  commodities  here- 
tofore commonly  offered  for  sale,  or  sold  by  dry  measure  or  by 
basket,  barrel  or  container  of  any  kind,  except  as  hereinafter  pro- 
vided, shall  be  offered  for  sale  or  sold  upon  the  basis  of  avoirdupois 
net  weight  or  by  numerical  count  only,  and  it  shall  thereafter  be 
unlawful  for  anyone  to  use  or  employ  any  dry  capacity  measure, 
basket,  barrel  or  container  of  any  kind  as  a  means  of  determining 
the  amounts  or  quantities  of  any  such  commodities  offered  for  sale, 
or  sold:  Provided,  however,  That  the  provisions  of  this  act  shall 
not  be  construed  to  apply  to  fruits  and  vegetables  sold  in  the  original 
standard  container,  nor  to  vegetables  which  by  common  custom  are 
offered  for  sale,  or  sold  by  the  bunch;  nor  shall  the  provisions  of 
this  act  be  construed  to  apply  to  fresh  berries  and  to  other  small 
fruits  which  are  customarily  offered  for  sale,  and  sold  by  the  box, 
basket  or  other  receptacle,  except,  however,  when  such  fresh  berries 
or  such  other  small  fruits  are  offered  for  sale,  or  sold  in  bulk,  in 
which  case  the  provisions  of  this  act  shall  apply  to  the  extent  that 
such  fresh  berries  and  such  other  small  fruits  shall  be  offered  for 


NEW  JERSEY  539 

sale,  and  sold  by  avoirdupois  net  weight  only:  Provided  further, 
however,  That  all  fresh  berries  and  such  other  small  fruits  when 
offered  for  sale,  or  sold  shall  be  so  offered  or  sold  in  boxes,  baskets 
or  receptacles  of  uniform  size  to  hold  one  quart  or  one  pint  dry 
measure  only,  which  said  boxes,  baskets  or  other  receptacles  shall 
be  uniformly  and  evenly  filled  throughout. 

Sec.  2.  Enforcement  of  act. — The  State  superintendent  of  weights 
and  measures,  his  duly  authorized  assistants  and  all  county  and  mu- 
nicipal superintendents  of  weights  and  measures  are  hereby  charged 
with  the  enforcement  of  the  provisions  of  this  act. 

Sec.  3.  Penalty  for  violation;  recovery  of  penalty;  jurisdiction. — Any 
person,  firm,  copartnership,  corporation  or  association  violating  any 
of  the  provisions  of  this  act  shall,  for  the  first  offense,  be  liable  to  a 
penalty  of  not  less  than  twenty-five  dollars  nor  more  than  fifty  dol- 
lars, and  for  a  second  offense  be  liable  to  a  penalty  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  and  for  each  sub- 
sequent offense  shall  be  liable  to  a  penalty  of  not  less  than  one  hun- 
dred dollars  nor  more  than  two  hundred  dollars.  An  action  for  the 
recovery  of  a  penalty  for  the  violation  of  any  of  the  provisions  of 
this  act  shall  be  in  the  nature  of  an  action  in  debt  and  the  same  may 
be  instituted  and  the  penalty  recovered  either  in  the  district  court  of 
any  city  or  judicial  district  or  in  the  small  cause  court  of  any  county 
or  before  the  police  magistrate  or  the  recorder  of  any  city,  town, 
township,  borough  or  village.  Jurisdiction  is  hereby  conferred 
upon  the  district  court,  and  the  small  cause  court,  and  on  the  police 
court  and  the  recorder's  court  of  any  city,  town,  township,  borough 
or  village  of  this  State  to  hear  and  determine  actions  instituted 
under  this  act,  it  being  the  intent  hereof  to  confer  jurisdiction  upon 
the  said  small  cause  court,  the  police  court,  and  the  recorder's  court 
in  jurisdictions  where  a  district  court  exists,  notwithstanding  any 
law  of  this  State  providing  that  no  justice  of  the  peace  or  small 
cause  court  shall  have  jurisdiction  over  any  case  or  proceeding  cog- 
nizable before  a  district  court  where  the  defendant  or  defendants 
reside  within  any  city  or  judicial  district  where  a  district  court  is 
established  and  notwithstanding  any  law  of  the  State  prohibiting 
any  justice  of  the  peace  resident  within  the  limits  of  any  city  or 
judicial  district  where  a  district  court  is  established  from  exercising 
any  civil  jurisdiction. 

Sec.  4.  Official  proceedings ;  disposition  of  penalties. — County  superin- 
tendents and  assistant  county  superintendents  of  weights  and 
measures,  municipal  and  assistant  municipal  superintendents  of 
weights  and  measures,  are  authorized  to  bring  proceedings 
within  their  respective  jurisdictions,  in  their  official  capacities, 
for  the  use  of  the  county  or  municipality  which  they  rep- 
resent. Penalties  when  recovered  in  the  name  of  a  county  or  assist- 
ant county  superintendent  of  weights  and  measures  shall  be  payable 
to  the  county  collector  of  such  county,  and  when  recovered  by  a 
municipal  or  assistant  municipal  superintendent  of  weights  and 
measures,  shall  be  payable  to  the  municipality  which  such  official 
represents. 

Sec.  5.  "  Commodities "  defined;  "dry  capacity  measure"  defined; 
"  original  standard  container  "  denned. — Tbe  term  "  commodities  "  as 
used  in  this  act  shall  be  construed  to  mean  articles  of  food,  other 


540  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

than  liquids,  which  are  capable  of  being  measured  by  dry  capacity 
measure  and  which  have  been  at  any  time  prior  to  the  passage  of 
this  act  sold  by  dry  capacity  measure  in  this  State. 

The  term  "  dry  capacity  measure  "  within  the  meaning  of  this  act 
shall  be  construed  to  be  the  bushel,  half-bushel,  peck,  half-peck, 
quarter-peck,  quart,  pint,  half-pint  and  similar  measures. 

The  term  "  original  standard  container  "  as  used  in  this  act  shall 
be  construed  to  mean  and  include  only  barrels,  boxes,  baskets, 
hampers  or  similar  containers,  the  dimensions  or  capacity  of  which 
is  established  by  law  of  this  State  or  by  act  of  Congress,  the  contents 
of  which  have  not  been  removed  or  repacked,  and  upon  which  is 
plainly  and  conspicuously  marked  the  net  quantity*of  contents  there- 
of in  terms  of  weight,  measure  or  numerical  count. 

Laws,  1920,  ch.  223,  p.  428. 

Sec.  1.  Fruits  and  vegetables  in  crates,  baskets,  and  carriers,  how 
marked. — Any  person  who  shall  pack  or  cause  to  be  packed  fruits  or 
vegetables  in  crates,  covered  baskets  and  carriers,  for  the  purpose 
of  selling,  offering  or  exposing  for  sale  said  fruits  or  vegetables  so 
packed,  shall  plainly  and  conspicuously  mark  or  stamp  in  lettering 
not  less  than  three-eighths  of  an  inch  in  size,  on  the  outside  or  top 
of  the  said  crates,  baskets  or  carriers  his  name  and  address. 

Sec.  2.  Removal  of  old  markings.— Before  so  marking  or  stamping  his 
name  and  address  on  any  basket,  crate  or  carrier,  said  packer  shall 
remove  all  other  names  and  addresses  therefrom,  excepting  the  name 
and  address  of  the  manufacturer  of  said  basket,  crate  or  carrier. 

Sec.  3,  as  amended  by  Laws,  1921,  cb.  93,  p.  155.  Penalty;  recovery  of 
penalties;  authority  to  bring  proceedings;  disposition  of  penalties. — Any 
person,  firm  or  corporation  violating  any  of  the  provisions  of  this 
act  shall  for  the  first  offense  be  liable  to  a  penalty  of  not  less  than 
twenty-five  dollars  and  not  more  than  fifty  dollars,  and  for  the  second 
offense  shall  be  liable  to  a  penalty  of  not  less  than  fifty  dollars  and 
not  more  than  one  hundred  dollars,  and  for  each  subsequent  offense 
shall  be  liable  to  a  penalty  of  not  less  than  one  hundred  dollars  and 
not  more  than  two  hundred  dollars. 

An  action  for  the  recovery  of  a  penalty  for  violation  of  the  pro- 
visions of  this  act  shall  be  in  the  nature  of  an  action  in  debt,  and 
may  be  brought  in  the  district  court  of  any  city,  or  judicial  district 
in  the  small  cause  court  of  any  county,  and  before  the  police  magis- 
trate and  recorder  of  any  city,  town,  township,  borough  or  village, 
and  jurisdiction  is  hereby  conferred  upon  the  district  court,  the 
small  cause  court,  the  police  court  and  the  recorder's  court  of  any 
city,  town,  township,  borough  or  village  to  hear  and  determine 
actions  brought  as  aforesaid. 

County  superintendents  and  assistant  county  superintendents  of 
weights  and  measures,  municipal  and  assistant  municipal  superin- 
tendents of  weights  and  measures,  are  authorized  to  bring  proceed- 
ings within  their  respective  jurisdictions,  in  their  official  capacities, 
for  the  use  of  the  county  or  municipality  which  they  represent. 
Penalties,  when  recovered  in  the  name  of  a  county  or  assistant  county 
superintendent  of  weights  and  measures,  shall  be  payable  to  the 
county  collector  of  such  county,  and  when  recovered  by  a  municipal 
or  assistant  municipal  superintendent  of  weights  and  measures  shall 
be  payable  to  the  municipality  which  such  official  represents. 


NEW  JERSEY  541 

Sec.  4.  "  Person  "  defined. — The  word  "  person  "  as  used  in  this  act 
shall  include  corporations,  co-partnerships  and  associations. 

Laws,  1924,  ch.  20,  p.  47. 

Sec.  1.  Standards  for  Climax  baskets. — Standards  for  Climax  baskets 
for  grapes  and  other  fruits  and  vegetables  shall  be  the  twelve-quart 
basket,  four-quart  basket  and  two-quart  basket,  respectively: 

(a)  The  standard  twelve-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions:  Length  of  bottom  piece,  sixteen  inches;  width 
of  bottom  piece,  six  and  one-half  inches;  thickness  of  bottom  piece, 
seven-sixteenths  of  an  inch ;  height  of  basket,  seven  and  one-sixteenth 
inches,  outside  measurement;  top  of  basket,  length,  nineteen  inches, 
width  nine  inches,  outside  measurement.  Basket  to  have  cover  nine 
inches  by  nineteen  inches,  when  cover  is  used. 

(5)  The  standard  four-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions:  Length  of  bottom  piece,  twelve  inches;  width 
of  bottom  piece,  four  and  one-half  inches ;  thickness  of  bottom  piece, 
three-eighths  of  an  inch ;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches, 
width  six  and  one-fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used. 

(c)  The  standard  two-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  nine  and  one-half  inches; 
width  of  bottom  piece,  three  and  one-half  inches ;  thickness  of  bot- 
tom piece,  three-eighths  of  an  inch;  height  of  basket,  three  and 
seven-eighths  inches,  outside  measurement;  top  of  basket,  length 
eleven  inches  and  width  five  inches,  outside  measurement.  Basket 
to  have  a  cover  five  by  eleven  inches,  when  a  cover  is  used. 

Sec.  2.  Application  of  act. — No  person,  firm,  copartnership  or  cor- 
poration shall  sell  or  deliver,  or  have  in  possession  with  intent  to 
sell  or  deliver,  any  fruit  or  fruits,  berries  or  vegetables,  contained 
in  any  Climax  basket  or  baskets  unless  such  Climax  basket  or  bas- 
kets shall  be  of  the  capacities  and  dimensions  as  in  this  act  specified : 
Provided,  ho-wever,  That  nothing  in  this  act  contained  shall  be  con- 
strued to  apply  to  the  sale  or  delivery,  or  the  possession  with  intent 
to  sell  or  deliver,  of  any  fruit  or  fruits,  berries  or  vegetables  con- 
tained in  any  basket,  box  or  other  container  the  capacities  of  which 
are  specified  in  an  act  entitled  "  A  further  supplement  to  an  act 
entitled  'An  act  to  establish  a  uniform  standard  of  weights  and 
measures  in  this  State,  to  establish  a  department  of  weights  and 
measures  and  to  provide  penalties  for  the  use  of  other  than  stand- 
ard or  legal  weights  and  measures,'  approved  April  twenty-fourth, 
nineteen  hundred  and  eleven,  and  to  repeal  a  certain  supplement 
thereto,  approved  March  twelfth,  nineteen  hundred  and  thirteen," 
as  same  was  approved  April  seventeenth,  one  thousand  nine  hundred 
and  fourteen. 

Sec.  3.  Markings  required. — No  person,  firm,  copartnership  or  cor- 
poration shall  sell  or  deliver,  or  have  in  possession  with  intent  to 
sell  or  deliver,  any  fruit  or  fruits,  berries  or  vegetables,  contained 
in  any  Climax  basket  or  baskets  unless  such  Climax  basket  or  bas- 
kets shall  have  legibly  marked  on  the  outside  thereof,  by  the  manu- 
facturer thereof,  in  English  letters  or  Arabic  numerals,  the  exact 


542  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

capacity  of  said  Climax  basket  or  baskets  and  unless  said  Climax 
basket  or  baskets  shall  also  contain  the  name  and  address  of  the 
manufacturer  thereof,  painted  or  written  thereon,  legibly  in  the  Eng- 
lish language:  Provided,  however,  That  any  manufacturer  of  any 
Climax  basket  or  baskets  as  in  this  act  specified  may  mark  thereon, 
in  lieu  of  his  name  and  address,  a  sign  or  symbol  furnished  him  by 
the  superintendent  of  weights  and  measures  of  this  State. 

Sec.  4.  Unlawful  to  manufacture  or  sell  baskets  not  conforming  to 
act. — It  shall  be  unlawful  to  manufacture  for  shipment,  or  to  sell 
for  shipment  any  Climax  basket  or  baskets  for  fruits,  berries  or 
vegetables,  whether  filled  or  unfilled,  which  do  not  conform  with 
the  provisions  of  this  act. 

Sec.  5.  Examination  and  test. — The  examination  and  test  of  Climax 
baskets  for  fruits,  berries  or  vegetables  for  the  purpose  of  determin- 
ing whether  such  baskets  comply  with  the  provisions  of  this  act,  shall 
be  made  by  the  State  department  of  weights  and  measures,  and  the 
State  superintendent  of  weights  and  measures  shall  establish  and 
promulgate  rules  and  regulations  allowing  such  reasonable  tolerances 
and  variations  as  may  be  found  necessary. 

Sec.  6.  Penalties  for  violations. — Any  person,  firm,  copartnership, 
corporation  or  association  violating  any  of  the  provisions  of  this  act 
shall,  for  the  first  offense,  be  liable  to  a  penalty  of  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars,  and  for  a  second 
offense  be  liable  to  a  penalty  of  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars,  and  for  each  subsequent  offense  shall 
be  liable  to  a  penalty  of  not  less  than  one  hundred  dollars  nor  more 
than  two  hundred  dollars.  An  action  for  the  recovery  of  a  penalty 
for  the  violation  of  any  of  the  provisions  of  this  act  shall  be  in  the 
nature  of  an  action  in  debt  and  the  same  may  be  instituted  and  the 
penalty  recovered  either  in  the  district  court  of  any  city  or  judicial 
district  or  in  the  small  cause  court  of  any  county  or  before  the  police 
magistrate  or  the  recorder  of  any  city,  town,  township,  borough  or 
village.  Jurisdiction  is  hereby  conferred  upon  the  district  court, 
and  the  small  cause  court,  and  on  the  police  court  and  the  recorder's 
court  of  any  city,  town,  township,  borough  or  village  of  this  State 
to  hear  and  determine  actions  instituted  under  this  act,  it  being  the 
intent  hereof  to  confer  jurisdiction  upon  the  said  small  cause  court, 
the  police  court,  and  the  recorder's  court  in  jurisdictions  where  a 
district  court  exists,  notwithstanding  any  law  of  this  State  provid- 
ing that  no  justice  of  the  peace  or  small  cause  court  shall  have  juris- 
diction over  any  case  or  proceeding  cognizable  before  a  district  court 
where  the  defendant  or  defendants  reside  within  any  city  or  judicial 
district  where  a  district  court  is  established  and  notwithstanding 
any  law  of  the  State  prohibiting  any  justice  of  the  peace  resident 
within  the  limits  of  any  city  or  judicial  district  where  a  district 
court  is  established  from  exercising  any  civil  jurisdiction. 

Sec.  7.  Proceedings,  who  may  bring;  disposition  of  penalties. — The 
State  superintendent  of  weights  and  measures  or  his  assistants, 
county  or  assistant  county  superintendents  of  weights  and  measures, 
municipal  or  assistant  municipal  superintendents  of  weights  and 
measures,  are  authorized  to  bring  proceedings  within  their  respective 
jurisdictions,  in  their  official  capacities,  for  the  use  of  the  State  or  of 
the  county  or  municipality  which  they  represent.    Penalities  when  re- 


NEW  JERSEY  543 

covered  in  the  name  of  the  State  superintendent  of  weights  and 
measures  or  his  assistants  shall  be  payable  to  the  State  treasurer, 
and  when  recovered  by  the  county  or  assistant  county  superintendent 
of  weights  and  measures  shall  be  payable  to  the  county  collector  of 
such  county,  and  when  recovered  by  a  municipal  or  assistant  muni- 
cipal superintendent  of  weights  and  measures,  shall  be  payable  to 
the  municipality  which  such  official  represents. 

Laws,  1916,  ch.  268,  p.  561. 

Sec.  2,  as  amended  by  Laws,  1923,  ch.  24,  p.  54.  Standards  for 
receptacles  for  farm  products. — The  State  department  of  agriculture 
may,  from  time  to  time,  establish  and  promulgate  standards  that 
may  be  used  by  producers  and  distributors  under  the  provisions  of 
this  act  for  the  grading  and  other  classification  of  farm  products, 
and  in  co-operation  with  the  department  of  weights  and  measures 
establish  and  promulgate  standards  for  receptacles  for  farm  products. 

Sec.  4,  as  amended  by  Laws,  1923,  ch.  24,  p.  54.  Investigation;  fee  for 
services. — The  secretary  may  designate  any  competent  employee  or 
agent  of  the  State  department  of  agriculture  to  make,  upon  re- 
quest, investigations,  inspections  and  classifications  of  farm  prod- 
ucts in  accordance  with  standards  which  have  become  effective  under 
this  act.  When  any  such  investigations,  inspection  or  classifica- 
tion is  made,  the  employee  or  agent  shall  issue  a  certificate  of  the 
grade  or  other  classification  of  the  farm  product  involved. 

The  secretary  of  agriculture  is  authorized  to  fix,  assess  and  col- 
lect, or  cause  to  be  collected,  fees  for  such  services,  when  they  are 
performed  by  employees  or  agents  of  the  State  department  of 
agriculture. 

Laws,  1919,  ch.  197,  p.  434. 

Sec.  1.  "  Commodity  "  defined. — The  term  "  commodity  "  as  used  in 
this  act  shall,  for  the  purpose  of  this  act,  be  taken  to  mean  and 
include  anything  which  is  commonly  sold  by  weight  or  measure 
or  other  apparatus  for  determining  quantity. 

Sec.  2,  as  amended  by  Laws,  1921,  ch.  91,  p.  152.  Penalty  for  selling 
under  weight;  recovery  of  penalty. — Any  person,  firm,  corporation  or 
association  that  sells  or  exposes  for  sale  less  than  the  quantity 
represented  of  any  commodity,  as  defined  in  this  act,  shall,  for 
the  first  offense,  be  liable  to  a  penalty  of  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  and  for  a  second  offense  be 
liable  to  a  penalty  of  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  and  for  each  subsequent  offense  shall  be  liable 
to  a  penalty  of  not  less  than  one  hundred  dollars  nor  more  than 
two  hundred  dollars.  An  action  for  the  recovery  of  a  penalty 
for  violation  of  the  provisions  of  this  act  shall  be  in  the  nature 
of  an  action  in  debt,  and  may  be  brought  in  the  district  court  of 
any  city,  or  judicial  district  in  the  small  catise  court  of  any  county, 
and  before  the  police  magistrate  and  recorder  of  any  city,  town, 
township,  borough  or  village,  and  jurisdiction  is  hereby  conferred 
upon  the  district  court,  the  small  cause  court,  the  police  court  and 
recorder's  court  of  any  city,  town,  township,  borough  or  village 
to  hear  and  determine  actions  brought  as  aforesaid. 
517—26 -35 


544  LAWS   CONCERNING    WEIGHTS   AND   MEASURES 

Sec.  3,  as  amended  by  Laws,  1921,  ch.  91,  p.  152.  Bringing  proceedings; 
disposition  of  penalties  recovered.— County  superintendents  and  assist- 
ant county  superintendents  of  weights  and  measures,  municipal 
and  assistant  municipal  superintendents  of  weights  and  measures, 
are  authorized  to  bring  proceedings  within  their  respective  juris- 
dictions, in  their  official  capacities,  for  the  use  of  the  county  or 
municipality  which  they  represent.  Penalties,  when  recovered  in 
the  name  of  a  county  or  assistant  county  superintendent  of  weights 
and  measures,  shall  be  payable  to  the  county  collector  of  such 
county,  and  when  recovered  by  a  municipal  or  assistant  municipal 
superintendent  of  weights  and  measures  shall  be  payable  to  the 
municipality  which  such  official  represents. 

Sec.  4,  as  amended  by  Laws,  1921,  ch.  91,  p.  152.  Actions  to  have  prece- 
dence.— Actions  instituted  for  the  recovery  of  penalties,  under  the 
provisions  of  this  act,  shall  be  given  precedence  over  cases  set  for 
hearing  on  the  day  when  actions  under  this  act  are  to  be  tried. 

Laws,  1916,  ch.  181,  p.  383. 

Sec.  1.  Net  weight  to  be  marked  on  packages  containing  food;  toler 
ances  and  exemptions. — No  person  shall  distribute  or  sell,  or  have  in 
his  possession  with  intent  to  distribute  or  sell,  any  article  of  food  in 
package  form  unless  the  net  quantity  of  the  contents  be  plainly  and 
conspicuously  maiked  on  the  outside  of  the  package  in  terms  of 
weight,  measure  or  numerical  count:  Provided,  however,  That 
reasonable  variations  and  tolerances  and  exemptions  as  to  small 
packages  shall  be  permitted,  and  that  the  State  superintendent  of 
weights  and  measures  shall  by  order  fix  such  tolerances  and  exemp- 
tions3 as  to  small  packages  as  shall  have  been  or  may  hereafter  be 
fixed  by  the  Secretary  of  the  Treasury  and  the  Secretary  of  Agri- 
culture and  the  Secretary  of  Commerce  and  Labor  of  the  United 
States  of  America,  and  such  tolerances  and  exemptions  shall  be 
published  at  the  end  of  the  sessions  laws  of  the  legislature  next 
thereafter  published  after  the  making  of  said  order,  and  such  toler- 
ances and  exemptions  as  fixed  in  said  order  shall  take  effect  when 
so  published :  Provided,  further,  That  if  any  such  tolerance  or  ex- 
emption so  adopted  shall  be  changed  by  the  three  secretaries  above 
named,  it  shall  not  continue  in  effect  in  this  State  after  such  change 
has  become  effective.  Any  such  order  may  be  prima  facie  proven  in 
any  court  by  the  mere  production  of  the  volume  of  such  laws  con- 
taining the  publication  thereof. 

Sec.  2,  as  amended  by  Laws,  1921,  ch.  95,  p.  157.  Penalties  for  viola- 
tions; recovery  of  penalties;  authority  to  bring  proceedings;  disposition 
of  penalties  recovered. — Any  person,  firm,  copartnership  or  corpora- 
tion violating  any  of  the  provisions  of  this  act  shall,  for  the  first 
offense,  be  liable  to  a  penalty  of  not  less  than  twenty-five  dollars  nor 
more  than  fifty  dollars;  and  for  the  second  offense  shall  be  liable 
to  a  penalty  of  not  less  than  fifty  dollars  and  not  more  than  one 
hundred  dollars;  and  for  each  subsequent  offense  shall  be  liable  to 
a  penalty  of  not  less  than  one  hundred  dollars  nor  more  than  two 
hundred  dollars.  An  action  for  the  recovery  of  a  penalty  for  viola- 
tion of  the  provisions  of  this  act  shall  be  in  the  nature  of  an  action 
in  debt,  and  may  be  brought  in  the  district  court  of  any  city,  or 

3  See  p.    17  for   Federal   regulation. 


STEW   JERSEY  545 

judicial  district  in  the  small  cause  court  of  any  county,  and  before 
the  police  magistrate  and  recorder  of  any  city,  town,  township, 
borough  or  village,  and  jurisdiction  is  hereby  conferred  upon  the 
district  court,  the  small  cause  court,  the  police  court  and  the  re- 
corder's court  of  any  city,  town,  township,  borough  or  village  to 
hear  and  determine  actions  brought  as  aforesaid.  County  superin- 
tendents and  assistant  county  superintendents  of  weights  and  meas- 
ures, municipal  and  assistant  municipal  superintendents  of  weights 
and  measures,  are  authorized  to  bring  proceedings  within  their 
respective  jurisdictions,  in  their  official  capacities,  for  the  use  of  the 
county  or  municipality  which  they  represent.  Penalties,  when  re- 
covered in  the  name  of  a  county  or  assistant  county  superintendent 
of  weights  and  measures,  shall  be  payable  to  the  county  collector 
of  such  county,  and  when  recovered  by  a  municipal  or  assistant 
municipal  superintendent  of  weights  and  measures  shall  be  payable 
to  the  municipality  which  such  official  represents. 

laws,  1918,  ch.  47,  p.  137. 

Sec.  1.  Publication  with  session  laws. — The  publication  of  the  toler- 
ances and  exemptions  provided  for  in  the  act  to  which  this  act  is  a 
supplement  shall  be  published  at  the  end  of  the  session  laws  for  the 
year  one  thousand  nine  hundred  and  eighteen,  and  when  so 
published  shall  have  the  same  force  and  effect  as  if  such  tolerances 
and  exemptions  had  been  published  as  provided  in  the  act  to  which 
this  act  is  a  supplement. 

Haws,  1918,  p.  1279. 

Exemptions  on  small  packages. — The  following  shall  be  the  exemp- 
tions on  small  packages,  from  the  provisions  of  the  law  requiring 
the  quantity  of  the  contents  to  be  marked  on  the  outside  of  the  pack- 
age, fixed  by  the  State  superintendent  of  weights  and  measures  in 
accordance  with  the  tolerances  and  exemptions  fixed  by  the  Secre- 
tary of  the  Treasury,  the  Secretary  of  Agriculture,  and  the  Secre- 
tary of  Commerce  and  Labor  of  the  United  States  of  America,  viz : 

(1)  A  package  containing  two  4  (2)  avoirdupois  ounces  of  food, 
or  less,  is  "  small  "  and  shall  be  exempt  from  marking  in  terms  of 
weight. 

(2)  A  package  containing  one  (1)  fluid  ounce  of  food,  or  less,  is 
';  small "  and  shall  be  exempt  from  marking  in  terms  of  measure. 

(3)  A  package  wherein  the  units  of  food  are  six  (6),  or  less,  is 
deemed  "  small  "  and  shall  be  exempt  from  marking  in  terms  of 
numerical  count. 

The  foregoing  is  prescribed  in  accordance  with  the  provisions  of 
chapter  47,  Laws  of  1918,  approved  February  14,  1918,  supplement- 
ing chapter  181,  P.  L.,  1916. 

Laws,  1919,  ch.  215,  p.  504. 

Sec.  1.  Sale  of  ice  by  avoirdupois  weight;  scales  tested. — Every  per- 
son, firm  or  corporation  selling  or  offering  for  sale  any  ice,  shall,  at 
the  time  of  the  delivery  thereof,  weigh  by  avoirdupois  weight  the 
quantity  of  ice  delivered,  and  for  this  purpose  shall  have  a  scale 

'An  anieuded  regulation  was  issued  Apr.  21,  1919.  under  the  Federal  food  and  drugs 
act,  by  the  Secretaries  of  the  Treasury,  Agriculture,  and  Commerce,  changing  the  weirht 
of  a  package  which  Is  considered  "  small  "  from  '1  ounces  to  */>  ounce.     See  p.  19 


546 


LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


tested  and  sealed  by  the  State  department  of  weights  and  measures, 
or  by  any  county  or  municipal  superintendent  of  weights  and 
measures. 

Sec.  2.  Weight  of  tongs  deducted. — Each  and  every  set  of  tongs  used 
for  the  delivery  of  ice  shall  have  permanently  stamped  thereon  the 
exact  and  true  avoirdupois  weight  thereof  by  the  State  department 
of  weights  and  measures  or  by  a  county  or  municipal  superintendent 
of  weights  and  measures,  and  such  weight,  stamped  as  aforesaid, 
shall  be  deducted  from  the  total  weight  of  ice  as  determined  on  the 
scale  by  which  the  same  is  weighed. 

Sec.  3.  Penalties  for  cheating. — Any  person,  firm  or  corporation 
engaged  in  the  business  of  selling  ice  who  shall  deliver  any  ice  with- 
out first  having  weighed  the  same,  or  who  sells  less  than  the  quan- 
tity represented,  shall  be  liable  to  a  penalty  of  twenty-five  dollars 
for  the  first  offense,  fifty  dollars  for  the  second  offense  and  to  a 
penalty  of  one  hundred  dollars  for  each  subsequent  offense. 

See.  4,  as  amended  by  Laws,  1921,  ch.  92,  p.  154.  Eecovery  of  penalties; 
authority  to  bring  proceedings. — An  action  for  the  recovery  of  a  pen- 
alty for  violation  of  the  provisions  of  this  act  shall  be  in  the  nature 
of  an  action  in  debt,  and  may  be  brought  in  the  district  court  of 
any  city,  or  judicial  district,  in  the  small  cause  court  of  any  county, 
and  before  the  police  magistrate  and  recorder  of  any  city,  town, 
township,  borough  or  village,  and  jurisdiction  is  hereby  conferred 
upon  the  district  court,  the  small  cause  court,  the  police  court  and 
recorder's  court  of  any  city,  town,  township,  borough  or  village  to 
hear  and  determine  actions  brought  as  aforesaid.  County  superin- 
tendents and  assistant  county  superintendents  of  weights  and  meas- 
ures, municipal  and  assistant  municipal  superintendents  of  weights 
and  measures,  are  authorized  to  bring  proceedings  within  their  respec- 
tive jurisdictions,  in  their  official  capacities,  for  the  use  of  the  county 
or  municipality  which  they  represent.  Penalties,  when  recovered  in 
the  name  of  a  county  or  assistant  county  superintendent  of  weights 
and  measures,  shall  be  payable  to  the  county  collector  of  such  county, 
and  when  recovered  by  a  municipal  or  assistant  municipal  superin- 
tendent of  weights  and  measures  shall  be  payable  to  the  municipality 
which  such  official  represents. 

Laws,  1924,  ch.  117,  p.  221. 

Sec.  1.  Sale  of  thread;  net  weight  or  length  to  be  marked. — No  person, 
firm  or  corporation  shall  after  January  first,  nineteen  hundred  and 
twenty-five,  sell  or  offer  for  sale  sewing,  basting,  darning,  crochet, 
tatting,  knitting,  or  embroidery  thread,  made  of  cotton,  flax,  silk 
or  any  similar  fibre,  put  up  on  spools,  tubes,  cones,  bobbins,  or  in 
balls,  skeins  or  other  similar  packages,  unless  there  is  affixed  to  or 
impressed  upon  a  conspicuous  part  of  each  of  such  spool,  tube,  cone, 
bobbin,  ball,  skein,  or  other  similar  package,  a  label  or  stamp  which 
shall  be  plain  and  conspicuous,  and  which  shall  plainly  indicate 
either  the  net  weight  in  avoirdupois  pounds  and  ounces,  or  the  length 
in  yards  of  such  thread:  Provided,  That  when  the  net  weight  of 
such  thread  on  any  such  spool,  tube,  cone,  bobbin,  or  in  any  such  ball, 
skein  or  other  similar  package  is  less  than  two  avoirdupois  ounces, 
then  such  label  or  stamp  shall  indicate  the  length  of  such  thread 
in  yards,  before  such  packages  or  any  thereof  are  offered  for  sale: 
Provided,  further,  That  where,  from  the  shape,  size  or  character 


NEW   JERSEY  547 

of  the  spool,  tube,  cone,  bobbin,  ball,  skein  or  other  similar  package 
it  is  impossible  so  to  affix  or  impress  such  label  or  stamp,  a  label  or 
stamp  shall  be  affixed  to  the  box  or  other  container  in  which  such 
packages  are  put  up,  stating  the  number  of  units  contained  therein 
and  the  net  weight  or  yardage  of  each  such  unit  as  hereinbefore 
prescribed. 

Sec.  2.  Penalty  for  violation. — If  any  person,  firm  or  corporation 
shall  sell  or  offer  for  sale  such  thread  on  any  such  spool,  tube,  cone, 
bobbin,  or  in  any  such  ball,  skein  or  other  similar  package  or  box, 
or  other  container,  without  a  label  or  stamp  specifying  the  net 
weight  or  number  of  yards  of  thread  contained  thereon,  as  provided 
in  section  one  of  this  act,  or  shall  sell  or  offer  for  sale  such  thread 
on  any  such  spool,  tube,  cone,  bobbin,  or  in  any  such  ball,  skein  or 
other  similar  package,  or  box  or  other  container,  weighing  or  measur- 
ing more  than  five  per  centum  less  than  the  net  weight  or  number  of 
yards  that  the  label  or  stamp  thereon  specifies,  then  such  person, 
firm  or  corporation  shall,  for  the  first  offense,  be  liable  to  a  penalty 
of  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars, 
and  for  a  second  offense  be  liable  to  a  penalty  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars  and  for  each  subse- 
quent offense  shall  be  liable  to  a  penalty  of  not  less  than  one  hundred 
dollars  nor  more  than  two  hundred  dollars.  An  action  for  the 
recovery  of  a  penalty  for  the  violation  of  any  of  the  provisions  of 
this  act  shall  be  in  the  nature  of  an  action  in  debt  and  the  same 
may  be  instituted  and  the  penalty  recovered  in  the  district  court 
of  any  city  or  judicial  district;  in  the  small  cause  court  of  any 
county,  and  before  any  police  magistrate  or  recorder  of  any  city, 
town,  township,  borough  or  village,  and  jurisdiction  is  hereby  con- 
ferred upon  such  district  courts,  small  cause  courts,  police  courts 
and  recorder  courts  to  hear  and  determine  actions  brought  as 
aforesaid. 

Sec.  3.  Enforcement. — The  State  superintendent  of  weights  and 
measures,  his  duly  authorized  assistants  and  all  county  and  munic- 
ipal superintendents  of  weights  and  measures  are  hereby  charged 
with  the  enforcement  of  the  provisions  of  this  act. 

Sec.  4.  Proceedings  for  recovery  of  penalties. — County  and  assistant 
county  superintendents  of  weights  and  measures  and  municipal 
and  assistant  municipal  superintendents  of  weights  and  measures, 
are  hereby  authorized  and  directed  to  bring  proceedings  within 
their  respective  jurisdictions,  in  their  official  capacities,  for  the  re- 
covery of  such  penalties  as  in  this  act  provided,  for  the  use  of  the 
county  or  municipality  which  they  represent.  Penalties  when  re- 
covered in  the  name  of  a  county  or  assistant  county  superintendent 
of  weights  and  measures  shall  be  payable  to  the  county  collector  of 
such  county,  and  when  recovered  by  a  municipal  or  assistant  mu- 
nicipal superintendent  of  weights  and  measures  shall  be  payable  to 
the  municipality  which  such  official  represents. 

Laws,  1920,  ch.  200,  p.  391. 

Sec.  1.  Public  weighmasters,  who  are;  oath;  certificate  of  appoint- 
ment.— All  firms,  corporations,  copartners  or  individuals  engaged  in 
the  business  of  weighing  for  hire,  who  shall  weigh  or  measure  any 
commodity,  produce  or  article,  and  issue  therefor  a  weight  certificate 
which  shall  be  accepted  as  the  accurate  weight  upon  which  the  pur- 


548  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

chase  or  sale  of  such  commodity,  produce  or  article  is  based,  shall  be 
known  as  a  public  weighmaster,  and  all  such  weighmasters  shall  be 
appointed  by  the  State  superintendent  of  weights  and  measures: 
Provided,  That  any  firm,  corporation  or  individual  not  engaged  in 
the  business  of  weighing  for  hire,  but  to  whom  the  services  of  a 
certified  weigher  are  necessary  for  the  proper  conduct  of  any  business 
in  which  they  may  be  engaged,  may,  upon  application  to  the  State 
superintendent  of  weights  and  measures,  have  one  or  more  of  their 
employees,  or  some  suitable  person,  designated  by  the  said  State 
superintendent  of  weights  and  measures  to  act  as  weighmaster  for 
such  firm,  corporation  or  individual.  Each  weighmaster  shall,  before 
entering  upon  his  duties,  make  oath  faithfully  to  execute  his  trust  as 
a  weighmaster.  Said  State  superintendent  of  weights  and  measures 
shall  issue  a  certificate  of  such  appointment  or  designation  and  shall 
keep  a  record  of  the  same. 

Sec.  2.  Rights  and  duties.— The  rights  and  duties  of  all  weigh- 
masters shall  be  prescribed  by  said  State  superintendent  of  weights 
and  measures,  and  such  weighmasters  shall  not  receive  compensation 
from  the  State  for  the  duties  so  performed. 

Sec.  3.  Form  of  weight  certificate,  "by  whom  prescribed;  information  it 
shall  contain;  prima  facie  evidence,  when. — The  State  superintendent 
of  weights  and  measures  shall  also  prescribe  the  form  of  weight  certi- 
ficate to  be  used  by  all  public  weightmasters  in  this  State.  Such  certi- 
ficate shall  state  thereon  the  kind  of  commodity,  produce  or  article,  the 
number  of  units  of  the  same,  the  date  of  the  receipt  of  the  commodity, 
produce  or  article,  the  owner,  agent  or  consignee,  the  total  weight  of 
the  commodity,  produce  or  article,  the  vessel,  railroad,  team,  truck 
or  other  means  by  which  the  commodity,  produce  or  article  was  re- 
ceived, and  any  trade  or  other  mark  thereon,  and  such  other  informa- 
tion as  may  be  necessary  to  distinguish  or  identify  the  commodity, 
produce  or  article  from  a  like  kind.  No  certificate  other  than  the  one 
herein  prescribed  shall  be  used  by  any  public  weighmaster  in  this 
State,  and  such  certificate,  when  so  made  and  properly  signed,  shall 
be  prima  facie  evidence  of  such  weights. 

Sec.  4.  Seal  of  weighmaster. — It  shall  be  the  duty  of  every  weigh- 
master in  this  State  to  provide  himeslf  with  a  seal,  at  his  own  expense, 
which  seal  shall  have  inscribed  on  the  outer  margin  thereof  his  name 
and  the  words  "  New  Jersey,"  with  the  words  "  Public  weigher  "  in- 
scribed in  center  of  said  seal,  which  seal  shall  be  impressed  upon  each 
and  every  weight  certificate  issued  by  such  weighmaster,  and  said  seal, 
when  applied  to  weight  certificates,  shall  be  a  recognized  authority  of 
accuracy. 

Sec.  5.  Records  of  weighings. — All  public  weighmasters  shall  keep 
and  preserve  correct  and  accurate  records  of  all  public  weighings  as 
provided  by  this  act,  which  records  shall  be  open  at  all  times  for  in- 
spection by  the  State  superintendent  of  weights  and  measures  or  his 
assistants. 

Sec.  6.  Certificates  to  contain  accurate  and  correct  weights ;  false  certifi- 
cates, penalty  for  issuing. — All  certificates  of  weights  and  measures, 
as  provided  by  this  act,  shall  contain  the  accurate  and  correct  weight 
of  any  and  all  commodities  weighed  when  issued  by  the  public  weipfh- 
master. 

Any  weighmaster  who  shall  issue  a  certificate  of  weights  and  meas- 
ures, giving  a  false  weight  or  measure  of  any  article  or  commodity 


NEW   JERSEY  549 

weighed  or  measured  by  him. or  his  representative  to  any  person, 
firm  or  corporation,  shall,  upon  being  found  guilty  of  such  offense, 
pay  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  and,  in  addition,  shall  forfeit  his  certificate  as 
weighmaster,  which  _  certificate,  when  so  forfeited,  shall  be  turned 
over  the  State  superintendent  of  weights  and  measures. 

Sec.  7.  Requesting  weighmaster  to  issue  false  certificate ;  unauthorized 
person  acting  as  weighmaster;  penalty. — Any  person,  firm  or  corpora- 
tion who  shall  request  a  weighmaster  to  "weigh  any  product,  com- 
modity or  article  falsely  or  incorrectly,  or  who  shall  request  a  false  or 
incorrect  certificate  of  weight  or  measure,  or  any  person  issuing  a 
certificate  of  weights  and  measures  who  is  not  a  weighmaster  as 
provided  for  in  this  act,  shall,  upon  being  found  guilty,  pay  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars. 

Sec.  8.  Reweighing  of  article  by  State  superintendent,  when. — When 
doubt  or  differences  arise  as  to  the  correctness  of  the  net  or  gross 
weight  of  any  amount  or  part  of  any  commodity,  produce  or  article 
for  which  a  certificate  of  weights  and  measures  has  been  issued  by 
a  public  weighmaster,  the  owner,  agent  or  consignee  may,  upon  com- 
plaint to  the  State  superintendent  of  weights  and  measures,  or  his 
assistants,  have  said  amount  or  part  of  the  amount  of  any  com- 
modity, produce  or  article  reweighed  by  the  State  superintendent 
of  weights  and  measures  or  his  assistants,  or  a  public  weighmaster 
designated  by  him,  the  services  for  which  reweigh,  when  performed 
by  the  said  State  superintendent  of  weights  and  measures  or  his 
assistants,  shall  be  gratis. 

Sec.  9.  Term  of  appointment  of  weighmaster. — The  term  of  appoint- 
ment for  weighmasters  shall  be  for  three  years,  and  a  fee  of  five 
dollars  shall  be  paid  by  each  person  appointed  or  designated  as 
weighmaster  to  the  State  superintendent  of  weights  and  measures, 
which  fee  shall  be  turned  over  to  the  treasurer  of  the  State  by  the 
said  State  superintendent  of  weights  and  measures:  Provided,  That 
a  similar  fee  as  provided  in  this  section  shall  be  required  for  all 
renewals  of  appointments  or  designations  as  weighmasters,  which  fee 
shall  also  be  turned  into  the  treasury  of  the  State  by  the  State  super- 
intendent of  weights  and  measures. 

Comp.  Stats.,  1910,  Vol.  2,  p.  1483. 

Sec.  152  (1897).  Oyster  bushel  measure;  penalty. — All  oysters  meas- 
ured in  this  State  shall  be  measured  in  a  circular  bushel  tub,  with 
straight  sides  and  straight  solid  bottom,  and  said  tub  shall  have 
the  following  dimensions,  viz:  Fifteen  inches  in  diameter  across 
the  top  from  inside  to  inside,  and  thirteen  inches  and  three-quarters 
across  the  bottom  from  inside  to  inside,  and  twenty  inches  diagonal 
from  inside  chime  to  top;  any  person  or  persons  engaged  in  buying 
or  selling  oysters  in  the  shell  in  this  State  and  measuring  the  same 
in  any  measure  contrary  to  the  provisions  of  this  section  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of shall  be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars 
or  imprisonment  in  the  county  jail  not  exceeding  ninety  days,  or 
both,  at  the  discretion  of  the  court;  the  proceeds  of  said  fine  to  go, 
one-half  to  the  Delaware  Bay  Oyster  Tongers'  Association  and  one- 
half  to  the  informer. 


550  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Laws,  1924,  ch.  234,  p.  520. 

Sec.  2.  Condensed,  evaporated  or  concentrated  skimmed  milk  to  be  put 
up  in  containers  holding  five  pounds,  net  weight. — No  person  shall  dis- 
tribute or  sell  or  manufacture  for  distribution  or  sale  or  have  in  his 
possession  with  intent  to  distribute  or  sell,  any  condensed,  evaporated 
or  concentrated  skimmed  milk,  whether  with  or  without  the  addition 
of  sugar,  and  whether  as  such  or  compounded  with  any  other  sub- 
stance, in  hermetically  sealed  cans  or  receptacles,  unless  each  said 
can  or  container  shall  contain  at  least  five  (5)  pounds  net  weight 
and  bear  the  name  and  address  of  the  manufacturer  or  distributor 
distinctly  branded,  indented,  labeled   or  printed  thereon,  *     *     *. 

Comp.  Stats.,  1910,  Vol.  4,  p.  5854. 

Sec.  32  (1877).  Brands  for  packages  of  butter  or  cheese;  name  of 
manufacturer  and  weight  of  vessel;  penalties. — That  every  cooper  or 
manufacturer  of  firkins,  tubs  or  other  vessels  for  the  package  of 
butter  or  cheese,  shall  brand  in  legible  letters  and  characters,  upon 
every  such  firkin,  tub  or  vessel  by  him  manufactured,  his  name, 
together  with  the  actual  and  true  weight  of  such  firkin,  tub  or 
vessel,  and  if  any  cooper  or  manufacturer  shall  dispose  of  any  such 
firkin,  tub  or  vessel  without  such  brand,  or  shall  falsely  brand  the 
same,  he  shall  forfeit  and  pay  to  such  person  as  shall  prosecute  for 
the  same,  the  sum  of  twenty-five  dollars;  to  be  recovered  by  action 
of  debt  in  any  court  of  competent  jurisdiction. 

Sec.  33.  Brands;  penalties  for  defacing;  alteration. — That  it  shall  not 
be  lawful  for  any  person  to  sell  and  dispose  of  any  butter  or  cheese 
packed  or  placed  in  any  firkin,  tub  or  vessel  manufactured  or  made 
for  such  purpose  in  this  State,  unless  such  firkin,  tub  or  vessel  shall 
be  branded  in  the  manner  provided  in  the  first  section  of  this  act, 
and  if  any  person  shall  disregard  this  provision  or  shall  alter  or 
purposely  deface  the  brand  which  may  be  made  under  the  direction 
of  this  act,  every  such  person  shall  forfeit  and  pay  the  sum  of 
twenty-five  dollars  to  such  person  as  shall  sue  for  the  same,  to  be 
recovered  in  an  action  of  debt,  in  any  court  of  competent  jurisdiction. 

Sec.  34  (1907).  Standard  measure  for  sale  of  milk. — No  person  or 
corporation  shall  hereafter  sell,  offer  for  sale,  or  receive  for  the 
purpose  of  sale,  any  milk,  skimmed  milk  or  cream,  except  such  sale, 
offer  or  receipt  for  sale,  shall  as  to  quantity  be  based  upon  the  liquid 
gallon,  containing  two  hundred  and  thirty-one  cubic  inches,  or  the 
liquid  quart,  containing  fifty-seven  and  seventy-five  one  hundredths 
cubic  inches,  or  the  proper  and  complete  liquid  subdivisions  thereof. 

Sec.  35.  Marking  of  milk  cans. — Any  cans  originally  containing 
more  or  less  than  forty  quarts  of  milk  or  cream  shall  be  labeled  or 
tagged,  naming  in  quarts  the  original  capacity  of  liquid  measure 
of  such  cans  of  milk  or  cream,  but  no  can  originally  containing 
forty  quarts  liquid  measure  shall  be  labeled  or  tagged. 

Sec.  36.  May  be  sold  by  weight.— Nothing  in  this  act  shall  be  con- 
strued as  prohibiting  the  buying  or  selling  of  milk  or  cream  either 
by  weight  or  on  the  butter  fat  basis. 

Sec.  37.  Penalty. — Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  liable  to  a  penalty  of  fifty  dollars,  to  be  recovered 
in  an  action  of  debt,  before  the  small  cause  court,  or  district  court, 
by  any  person  who  may  desire  to  sue  therefor,  who  shall  be  desig- 
nated in  the  state  of  demand  and  summons  as  plaintiff,  and  when 


NEW   JERSEY  551 

recovery  is  had  such  penalty  shall  be  paid  to  the  county  collector  of 
the  county  in  which  the  said  violation  occurred.     *     *     * 

Laws,  1913,  ch.  263,  p.  500. 

Sec.  1.  Regulation  of  meters. — The  board  of  street  and  water  com- 
missioners in  the  cities  of  the  first  class  shall  have  power  and  author- 
ity, to  regulate  by  ordinance,  in  such  city,  the  use  of  meters  for 
measuring  water;  and  also  for  measuring  gas  or  electricity,  when 
used  for  heat,  light  or  power;  and  to  prescribe  the  method  of  in- 
stallation; and  for  the  supervision  of  the  testing  of  the  same;  and 
also  to  impose  penalties  for  violation  of  such  ordinance. 

Comp.  Stats.,  1910,  Vol.  4,  p.  5848. 

Sec.  9  (1908).  Chain. — The  standard  chain  for  the  measurement 
of  land  shall  consist  of  four  (4)  rods  of  sixty-six  (66)  feet. 

Sec.  10.  State  geologist  to  keep  standard  steel  tape,  etc. — The  State 
geologist  is  hereby  directed  and  required  to  preserve  in  his  office  a 
surveyor's  hardened  steel  tape,  fifty  feet  in  length,  of  United  States 
standard  measurement,  graduated  to  feet  and  hundredths,  with 
proper  adjustment  for  temperature,  and  with  a  spring  balance  at- 
tachment to  pull  not  less  than  six  nor  more  than  seven  pounds.  The 
said  tape  shall  be  the  standard  of  measurement  for  the  surveying  of 
all  land  in  the  State  of  New  Jersey.  The  said  standard  shall  be 
subject  to  the  use,  in  the  office  of  the  State  geologist,  or  under  his 
supervision,  of  any  surveyor  of  this  State  for  the  purpose  of  test- 
ing chains  or  tapes  used  by  any  such  surveyor. 

Suppl.,  1911-1915,  to  Comp.  Stats.,  1910,  p.  602. 

Sec.  1  (1912).  Fertilizers,  how  marked. — All  corporations,  firms  or 
persons,  before  selling  or  offering  for  sale  any  commercial  fertilizer, 
in  the  State  of  New  Jersey,  shall  brand  or  attach  to  each  bag,  barrel 
or  package  in  a  conspicuous  place  on  the  outside  thereof  a  plainly 
printed  statement  giving  the  following  particulars  and  no  others : 

(1)  The  number  of  pounds  of  fertilizer  contained  in  the  package* 

(2)  The  name,  brand  or  trade-mark  under  which  the  fertilizer  is 
sold. 

(3)  The  name  and  principal  address  of  the  manufacturer,  im- 
porter or  other  person  putting  the  fertilizer  on  the  market  in  this 
State.     *     *     * 

Sec.  11  (1913).  Definition. — The  term  "agricultural  lime"  shall  be 
held  to  include  all  of  the  various  forms  of  lime  used  for  agricultural 
purposes. 

Sec.  12.  Conditions  of  sale;  information  supplied. — No  agricultural 
lime  shall  be  sold  or  offered  for  sale  in  this  State  without  a  plainly 
printed  statement  printed  or  attached  to  each  package,  or  if  it  is  sold 
or  offered  for  sale  in  bulk  the  statement  to  accompany  the  shipment, 
giving  the  following  information: 

(a)  The  number  of  pounds  of  agricultural  lime  contained  in  each 
package.  If  the  shipment  is  in  bulk,  the  number  of  pounds  in  the 
shipment. 

(b)  The  name  of  the  particular  form- of  the  lime. 

(c)  The  name  and  principal  address  of  the  manufacturer  or  other 
person  responsible  for  putting  the  material  on  the  market  in  this 
State.     *     *     * 


552  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Suppl.,  1911-1915,  to  Comp.  Stats.,  1910,  p.  732. 

Sec.  53  (1912).  Parcels  labeled  statement. — Every  lot  or  parcel  of 
commercial  feeding  stuffs  sold,  offered  or  exposed  for  sale  or  dis- 
tribution in  this  State  shall  have  affixed  thereto  a  tag  or  label,  in  a 
conspicuous  place  on  the  outside  thereof,  containing  a  legible  and 
plainly  printed  statement  in  the  English  language,  clearly  and  truly 
certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel; 

(b)  The  name,  brand,  or  trade-mark ; 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market.     *     *     * 


NEW  MEXICO 

Stats.,  1915,  ch.  116,  p.  1647. 

Sec.  5819  (1913).  Standard  weights  and  measures. — All  the  weights 
and  measures  accepted  and  used  try  the  Government  of  the  United 
States  at  the  present  time,  except  as  herein  provided,  shall  be  deemed 
the  lawful  standard  weights  and  measures  of  the  people  of  this  State. 

Sec.  5820  (1867).  Yard  substituted  for  vara. — The  vara  measure  is 
suppressed,  substituting  in  lieu  thereof  as  the  legal  measure  in  this 
State,  the  yard,  this  being  the  measure  generally  approved  in  the 
United  States. 

Sec.  5821  (1913).  Office  of  public  weighmaster  created;  deputies;  ap- 
pointment; oath. — The  office  of  public  weighmaster  is  hereby  estab- 
lished, and  the  sheriffs  are  hereby  declared  1o  be  ex-officio  public 
weighmasters  for  their  respective  counties. 

The  public  weighmaster  shall  appoint  one  or  more  deputy  weigh- 
masters for  his  county,  who  may  be  regular  deputy  sheriffs,  which 
deputies  shall  have  all  the  powers  conferred  upon  the  public  weigh- 
master, and  shall  be  liable  to  all  the  penalties  to  the  same  extent 
as  the  public  weighmaster  for  violation  of  the  provisions  of  this 
chapter.  All  such  deputies  shall  keep  a  record  of  their  transactions 
as  herein  prescribed  for  the  public  weighmaster,  which  record 
shall  be  open  at  all  times  to  public  inspection,  and  all  deputy 
weighmasters  appointed  under  the  provisions  of  this  chapter  shall, 
before  entering  upon  the  duties  of  their  offices,  take  and  subscribe 
lo  an  oath  for  the  faithful  performance  of  their  duties. 

Sec.  5822.  Weighmaster's  office  at  county  seat;  records;  expenses. — The 
public  weighmaster  shall  keep  his  office  at  the  county  seat  of  his 
county,  and  the  county  shall  provide  record  books  and  blanks,  and 
actual  expenses  incurred  in  connection  with  his  office  shall  be  paid 
out  of  the  county  current  expense  fund,  upon  warrants  drawn  by  the 
county  commissioners,  supported  by  verified  itemized  statements  of 
the  weighmaster.  All  books,  reports  or  other  records  in  the  office 
of  such  public  weighmaster  shall  be  delivered  to  his  successor  in 
office. 

Sec.  5823.  Record  of  inspection  of  scales;  certificate. — It  shall  be  the 
duty  of  the  public  weighmaster  to  procure  a  record  book  for  his 
office  and  a  record  book  for  each  deputy  weighmaster,  such  book  to 
contain  blank  certificates,  and  upon  the  inspection  of  any  scales 
berein  required  to  be  inspected,  it  shall  be  the  duty  of  the  weigh- 
master or  the  deputy,  in  case  said  scales  be  found  to  conform  to  the 
standard  of  weights  for  this  State,  to  deliver  to  the  owner  thereof 
a  certificate  to  that  effect.  A  copy  of  such  certificate  shall  be  pre- 
served as  a  permanent  record  in  the  office  of  the  public  weighmaster. 

Sec.  5824.  Duty  of  weighmaster  and  deputies. — It  shall  be  the  duty 
of  the  public  weighmaster  of  each  county,  in  person  or  by  his  deputy, 

553 


554  LAWS   CONCERNING    WEIGHTS  AND   MEASURES 

to  inspect  and  test  all  scales  used  by  any  and  all  merchants  or  per- 
sons engaged  in  the  business  of  buying  and  selling  commodities,  and 
such  scales  shall  be  tested  with  the  standard  weights  of  this  State. 
Such  test  shall  be  made  once  each  six  months  upon  all  scales  so  used, 
and  said  public  weighmaster  or  deputy  shall  make  a  report  in  writ- 
ing, setting  forth  the  date  of  such  test,  the  result  thereof,  and  spec- 
ifying the  scales  so  tested.  Such  report  shall  be  filed  in  the  office 
of  the  public  weighmaster  within  thirty  days  after  such  inspection. 
Said  public  weighmaster  or  the  deputy  making  such  test  shall  verify 
each  report  so  filed,  stating  that  the  same  is  a  correct,  true  and  exact 
report  of  the  condition  of  the  scales  mentioned  therein. 

Sec.  5825.  Petition  for  inspection. — Whenever  as  many  as  five  citi- 
zens sign  a  written  request  to  the  public  weighmaster  for  an  official 
inspection  of  any  such  scales,  such  public  weighmaster  shall  forth- 
with comply  with  such  request  and  make  or  have  made  such  in- 
spection and  test,  not  oftener  however  than  once  each  thirty  days; 
or,  if  the  public  weighmaster  has  reasonable  cause  to  believe  that 
any  such  scales  have  been  altered  after  inspection,  he  shall  thereupon 
inspect  the  same,  but  if  found  unaltered  no  charge  for  such  inspec- 
tion shall  be  made. 

Sec.  5826.  Misstatement  by  weighmasters ;  penalty. — Any  public 
weighmaster  or  deputy  making  a  misstatement  of  facts,  or  who 
reports  any  scale  to  be  in  a  condition  other  than  its  true  condition, 
or  who  knowingly  omits  from  inspection  any  scale  or  violates  any 
of  the  provisions  of  this  chapter,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars  or  by  im- 
prisonment for  not  less  than  thirty  days  nor  more  than  ninety  days 
or  both  such  fine  and  imprisonment. 

Sec.  5827.  Secretary  of  state  to  keep  standards  of  weights  and  meas- 
ures.— The  secretary  of  state  shall  procure  and  keep  in  his  office  the 
following  standards  of  weights,  which  shall  conform  in  every  par- 
ticular to  the  United  States  standards  of  weights:  One  fifty  pound 
weight,  one  twenty-five  pound  weight,  one  ten  pound  weight,  one 
five  pound  weight,  one  one  pound  weight,  one  one-half  pound 
weight,  one  one-quarter  pound  weight,  one  one-eighth  pound  weight, 
one  one-sixteenth  pound  or  one  ounce  weight,  one  set  of  apothecaries 
weights  from  one  pound  to  one  grain,  which  weights  are  hereby  de- 
clared to  be  the  legal  standards  of  weights  for  this  State.  Said 
secretary  of  state  shall  be  charged  with  the  custody  and  be  account- 
able to  the  State  for  the  proper  use  and  care  of  the  same.  Such 
standards  shall  be  used  only  for  testing  the  standards  provided  for 
in  this  chapter. 

Sec.  5828.  Secretary  of  state  to  furnish  duplicate  standards. — The  sec- 
retary of  state  shall  procure,  test,  and  deliver  to  each  county  dupli- 
cates of  said  standard  weights. 

Sec.  5829.  County  commissioners  shall  procure  duplicate  weights; 
penalty. — The  board  of  county  commissioners  of  each  county  shall 
procure  from  the  secretary  of  state  a  sufficient  number  of  such  dupli- 
cates of  weights  as  may  be  necessary  for  the  use  of  the  public  weigh- 
master and  deputies  in  such  county,  which  duplicate  weights  shall  be 
paid  for  by  the  county,  and  be  delivered  to  the  public  weighmaster. 
Any  failure  upon  the  part  of  the  county  commissioners  to  comply 


NEW  MEXICO  555 

with  the  provisions  of  this  section  shall  be  deemed  a  misdemeanor, 
and  upon  conviction  shall  subject  any  such  offending  official  to  a  fine 
of  not  less  than  twenty  dollars  nor  more  than  two  hundred  dollars. 

Sec.  5830.  Duplicate  weights  furnished  deputies. — The  public  weigh- 
master  is  hereby  required  to  deliver  to  each  deputy  such  duplicate 
weights  as  may  be  necessary  for  making  the  tests  required  by  this 
act,  and  shall  be  responsible  under  his  bond  as  sheriff  for  their 
delivery  to  his  successor  in  office. 

Sec.  5831.  Fees  to  deputy  weighmaster. — The  deputy  public  weigh- 
master  shall  be  entitled  to  demand  and  receive  to  his  own  use  for  the 
inspection  provided  for  in  this  act  the  following  fees : 

For  inspecting  railroad  and  track  scales  of  capacity  of  20  tons  and 

upwards,  each $1.  50 

For  inspecting  scales  of  from  3  to  20  tons  capacity  each 1. 00 

For  inspecting  dormant  scales,  each 1.  00 

For  inspecting  movable  platform  scales,  each .  25 

For  inspecting  beams  weighing  100  lbs.  and  upwards,  each .25 

For  inspecting  hopper  scales,  each 1.  00 

For  inspecting  counter  scales,  each .  25 

For  inspecting  each  balance,  beam,  steelyard  or  other  instrument  used  for 

weighing  other  than  those  above  enumerated .  25 

Sec.  5832.  Public  scales;  sale  of  hay  and  v/ood;  regulations. — The 
council  of  every  incorporated  city,  town  or  village  shall  prescribe 
rules  for  the  weighing  of  commodities  upon  any  scales  operated 
therein  by  any  person,  firm  or  corporation  for  the  use  of  the  public, 
and  shall  regulate  the  charges  therefor,  and  shall  designate  the  place 
or  places  where  hay  and  wood  may  be  exposed  for  sale  by  persons 
having  no  fixed  place  of  business  in  such  city,  town  or  village.  And 
any  failure  upon  the  part  of  the  council  to  comply  with  the  pro- 
visions of  this  section  shall  be  deemed  a  misdemeanor  and  upon  con- 
viction shall  subject  any  such  offending  official  to  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars. 

Sec.  5833.  Sale  of  bread. — The  council  of  any  city,  town  or  village 
shall  have  power  to  regulate  the  sale  of  bread  and  prescribe  the 
weight  and  quality  in  the  loaf. 

Sec.  5834.  Bushel  measure  defined. — Whenever  the  articles  herein- 
after named  shall  be  sold  by  the  bushel,  and  no  special  contract  or 
agreement  shall  be  made  to  the  contrary,  the  bushel  shall  consist  of 
the  following  number  of  pounds,  viz : 

Pounds 

Com  in  the  ear,  unhusked 72 

Corn  meal 50 

Corn,  shelled 56 

Cucumbers 48 

Cotton  seed 32 

Flax  seed 56 

Hemp  seed 44 

Hungarian  grass  seed 50 

Indian  corn 56 

Kaffir  corn 56 

Lime,  unslacked 80 

Millet  seed 50 

Oats 32 

Onions 57 

Onion  bottom  sets 32 

Onion  top  sets 30 

Orchard  grass  seed 14 

Parsnips 42 


Pounds 

Alfalfa  seed 60 

Apples 45 

Apples,  dried 24 

Barley 48 

Beans 60 

Beets 56 

Bermuda  grass   seed 40 

Blue  grass  seed 14 

Bran 20 

Buckwheat 52 

Carrots 50 

Castor  beans 46 

Cement 80 

Charcoal 20 

Clover  seed 60 

Coal,  mineral 80 

Coke --  40 

Com  in  the  cob -  70 


556 


T,AWS   CONCERNING   WETGHTS   AND   MEASURES 


Pounds 

Rape . 50 

Rutabagas 50 

Rye 56 

Sand 130 

Sorghum  seed 50 

Timothy  seed 45 

Tomatoes 50 

Turnips 56 

Wheat 60 


Pounds 

Peaches 48 

Peaches,  dried 33 

Peanuts 22 

Pears 48 

Peas 60 

Pop  corn  in  the  ear 70 

Pop  corn,  shelled 56 

Potatoes 60 

Potatoes,  sweet 50 

Quinces 48 

Sec.  5835.  Perch  of  masonry  defined. — A  perch  of  mason  work,  or 
stone,  is  hereby  declared  to  consist  of  sixteen  and  one-half  feet  cubic 
measure. 

Sec.  5836.  Ton  of  hay  defined. — Unless  otherwise  agreed  upon,  a  ton 
of  hay,  when  sold  by  weight,  shall  consist  of  two  thousand  pounds; 
or,  when  sold  b}'  measurement,  when  loose  upon  a  wagon  or  freshly 
stacked,  five  hundred  twelve  cubic  feet;  when  stacked  thirty  days 
and  less  than  sixty  days  four  hundred  twenty-two  cubic  feet;  and 
when  stacked  over  sixty  days  three  hundred  and  eighty  cubic  feet. 

Sec.  5837  (1901).  Rule  established  for  measuring  hay. — The  follow- 
ing rule  and  method  of  measuring  loose  hay  in  the  stack,  and  specify- 
ing the  cubical  contents  of  a  ton  of  loose  hay,  is  hereby  established. 

Sec.  5838.  Measuring  a  stack  of  hay;  tonnage  of  hay  stacked  twenty 
days  and  for  hay  stacked  sixty  days. — Measure  the  stack  for  length, 
width,  and  the  "  over,"  to  get  the  "  over,"  throw  a  tape  line  over  the 
stack  at  an  average  place,  from  ground  to  ground,  drawing  it  tightly. 

Multiply  the  width  by  the  over  and  divide  this  result  by  four. 

Multiply  result  of  division7  by  the  length,  for  approximate  cubical 
contents  of  stack. 

To  reduce  to  tons,  for  hay  that  has  stood  in  stack  less  than  20  days, 
divide  cubical  contents  by  512,  for  more  than  20  and  and  less  than 
60  days  divide  cubical  contents  by  422,  for  more  than  60  days  divide 
cubical  contents  by  380. 

Example.  Stack  measures  17  feet  wide,  58  feet  long,  and  36  feet 
over.    Stack  has  stood  15  days. 

Multiply  17  by  36  equals  612. 

Divide  612  by  4  equals  153. 

Multiply  153  by  length  58  equals  8874  which  gives  the  cubical 
contents  in  feet. 

Divide  8874  by  512  equals  17T%  tons  in  stack. 

Sec.  5839  (1913).  Definition  of  ton;  short  weight;  penalty. — When 
any  commodity  is  sold  by  the  ton,  unless  otherwise  agreed  upon,  a 
ton  shall  consist  of  two  thousand  pounds. 

Whoever  shall  sell  or  deliver  a  less  quantity  than  prescribed  in  the 
foregoing  sections  of  this  act  for  a  ton  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  5840.  Gallon  measure  defined;  short  measure;  penalty;  test  sam- 
ples of  gasoline. — Whenever  any  of  the  following-named  articles  shall 
be  sold  or  delivered  by  wholesale  or  in  the  original  package  within 
the  State  of  New  Mexico,  unless  otherwise  provided  by  contract, 
such  sale  and  all  compilations  for  payment  and  settlement  there- 
for shall  be  by  weight.  The  weight  per  gallon  shall  be  not  less 
than  as  follows: 


NEW   MEXICO  557 


Pounds 

Naphtha 6}4 

Kerosene  oil 6J^ 

Paraffine  oil 7J-£ 

Castor  oil 8 

Olive  oil 7% 

Linseed  oil,  raw 73^ 

Linseed  oil,  boiled 7J^ 

Menhaden  oil 7H 


Pounds 

Cod  liver  oil 7J-6 

Whale  oil L__  7J^ 

Lard  oil 7M 

Neat's  foot  oil 7J^ 

Sperm  oil 7J4 

Turpentine 7 

Miner's  oil 7J^ 

Gasoline G-fe 


Whoever  in  selling  by  retail  or  wholesale  any  of  the  said  articles 
shall  sell  or  deliver  any  less  number  of  pounds  to  the  gallon  than 
is  prescribed  in  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  not  less  than  fifty  dollars  and  not 
more  than  five  hundred  dollars  for  each  offense,  and  shall  be  liable 
to  the  injured  party  in  double  the  amount  of  the  damages  sustained 
to  be  recovered  in  any  court  of  competent  jurisdiction. 

The  public  weighmaster  of  each  county  shall  procure  by  pur- 
chase, in  the  open  market  of  his  county,  once  each  year,  a  sample 
of  gasoline,  not  less  than  four  ounces,  which  he  shall  immediately 
transmit  to  one  of  the  public  inspectors.  The  expense  of  the  pur- 
chase and  transmission  of  said  sample  shall  be  paid  by  the  county 
wherein  they  are  procured. 

See.  5841.  Sale  of  dry  commodities. — All  dry  commodities  not  other- 
wise specified  in  this  chapter  shall  be  sold  only  by  standard  dry 
measure,  standard  weight,  or  numerical  count,  except  where  parties 
otherwise  agree. 

Sec.  5842.  Size  of  fruit  boxes. — The  standard  size  of  an  apple  box 
shall  be  eighteen  inches  long,  eleven  and  one-half  inches  wide,  ten 
and  one-half  inches  deep,  inside  measurement. 

The  standard  size  of  a  pear  box  shall  be  eighteen  inches  long, 
eleven  and  one-half  inches  wide,  and  eight  inches  deep,  inside 
measurement. 

Sec.  5843.  Size  of  boxes  for  small  fruits. — Berries  and  small  fruits 
whenever  sold  in  boxes  shall  be  sold  in  boxes  each  containing  a  stand- 
ard liquid  quart  or  liquid  pint,  and,  if  any  such  box  contains  less 
than  this  quantity,  the  information  must  be  given  to  the  purchaser 
by  such  package  being  labeled  with  a  statement  of  the  net  contents. 

Sec.  5844.  Milk  measures;  other  liquid  measures. — All  milk  or  cream 
that  shall  be  sold  in  bottles  shall  be  sold  only  in  bottles  containing 
quarter  pints,  half  pints,  pints,  quarts,  half-gallons  or  gallons.  All 
other  liquid  commodities  shall  be  sold  only  by  standard  liquid  meas- 
ure or  standard  weight,  except  where  parties  otherwise  agree. 

Sec.  5845.  Butter  weight. — A  print  or  package  of  butter  shall  con- 
tain sixteen  ounces  avoirdupois,  and  when  a  print  or  package  of  but- 
ter containing  less  than  sixteen  ounces  avoirdupois  shall  be  sold,  its 
net  weight  shall  be  disclosed  by  the  seller  to  the  buyer,  by  such 
package  being  labeled  with  a  statement  of  the  net  weight. 

Sec.  5846.  Violation  of  act;  misdemeanor;  penalty. — Any  violation  of 
the  five  preceding  sections  shall  be  deemed  a  misdemeanor,  and  upon 
conviction  shall  subject  any  such  offender  to  a  fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense,  or 
by  imprisonment  of  not  less  than  thirty  days  nor  more  than  ninety 
days  or  both  such  fine  and  imprisonment. 

Sec.  5847.  Ice  weights. — Any  dealer  in  ice  who  neglects  to  provide 
scales  for  each  wagon  used  by  him  for  the  delivery  of  ice,  or  who 


558  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

refuses  or  neglects  to  weigh  the  same  when  delivering  to  purchaser, 
or  gives  false  weight,  shall  for  each  such  offense  be  punished  by  a 
fine  of  not  more  than  fifty  dollars. 

Sec.  5848.  Coal  weight. — All  retail  dealers  of  coal  shall  furnish  to 
the  person  to  whom  any  sale  of  coal  has  been  made  a  ticket  or  cer- 
tificate stating  the  exact  nulnber  of  pounds  of  coal  so  sold  and,  in 
the  event  that  the  number  of  pounds  of  coal  delivered  by  said  retail 
dealer  to  the  purchaser  thereof  is  less  than  the  amount  stated  in 
said  ticket  or  certificate,  said  retail  dealer  shall  be  punished  for  each 
such  offense  by  a  fine  of  not  more  than  fifty  dollars. 

Sec.  5849.  Hay  sold  in  bales;  weights. — Hay  and  straw  sold  in 
bundles  or  bales  shall  be  sold  by  weight,  and  any  person  who  shall 
charge  or  receive  pay  for  a  greater  number  of  pounds  than  is  con- 
tained in  any  such  bundle  or  bale  at  the  time  of  delivery  thereof  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

Sec.  5850.  False  weights  and  adulterated  goods;  penalty. — Every  per- 
son selling  any  hops,  cotton,  hay  or  other  goods  sold  in  bags,  bales, 
boxes,  barrels  or  packages,  by  weight,  who  puts  into  or  conceals 
therein  anything  whatever  for  the  purpose  of  increasing  the  weight 
or  adulterating  the  contents  of  such  bag,  bale,  box,  barrel  or  package, 
is  punishable  by  a  fine  or  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  for  each  such  offense. 

Sec.  5851.  Warehouse  scales  to  be  tested;  false  weights;  penalty. — All 
scales  used  for  the  weighing  of  property  in  public  warehouses  shall 
be  subject  to  examination  and  test  by  any  duly  authorized  public 
weighmaster,  the  expense  of  such  tests  to  be  paid  by  such  warehouse 
man,  and  no  scales  shall  be  used  for  the  weighing  of  grain  or  any 
other  article  after  having  been  found  incorrect,  until  put  in  order  and 
found  accurate  and  approved  for  further  use  by  an  authorized  public 
weighmaster,  and  any  person  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  fifty  dollars  nor  more  than  five 
hundred  dollars. 

Sec.  5852.  Marking  packages;  failure  to  comply;  penalty. — The  cor- 
rect name  and  true  weight  of  the  contents  of  each  and  every  barrel, 
sack,  bale,  cask,  box  or  package  of  any  and  all  mill  products,  whether 
sold  in  single  packages  or  lots,  shall  be  plainly  marked,  branded  or 
stenciled  in  letters  and  figures  not  less  than  one  inch  in  length  and 
not  less  than  one-sixteenth  of  an  inch  in  width,  upon  the  exterior  of 
such  barrel,  box,  sack,  bale,  cask  or  package,  in  a  conspicuous  place 
on  the  head  in  case  of  barrel,  and  the  front  or  branded  side  in  case  of 
sacks,  bales,  boxes  or  packages,  and  it  shall  be  unlawful  for  any  per- 
son, to  sell  or  exchange  any  such  product  so  packed  or  contained  un- 
til the  provisions  hereof  have  been  complied,  with. 

If  any  person  shall  violate  the  provisions  of  this  section,  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than  one 
hundred  dollars,  and  each  violation  shall  be  deemed  a  separate 
offense. 

Sec.  5853.  Interfering  with  weighmaster ;  using  false  scales,  etc. ;  false 
marks  on  packages;  penalty. — Any  person  who  shall  impede,  obstruct, 
hinder  or  interfere  with  any  public  weighmaster  or  other  person  in 
the  performance  of  his  duties  as  prescribed  by  this  chapter;  who  sh*J! 


NEW   MEXICO  559 

conceal  from  the  public  "weighmaster  any  scales  in  his  possession; 
who  shall  knowingly  mark  or  stamp  false  or  short  weight  or  false 
tare  on  any  cask  or  package,  or  knowingly  sell  or  offer  for  sale  any 
cask  or  package  so  falsely  marked  or  which  contains  less  than  the 
quantity  which  he  represented  to  contain;  or  who  shall  knowingly 
use  any  false  balance  or  weight  or  measure  in  the  weighing  or  measur- 
ing of  anything  whatever  that  is  purchased,  sold,  bartered,  shipped 
or  delivered  for  sale  or  barter,  or  that  is  pledged  or  given  in  pay- 
ment shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  not  less  than  twenty-five  dollars,  nor 
more  than  five  hundred  dollars  or  by  imprisonment  for  not  less  than 
thirty  days  nor  more  than  ninety  days,  or  by  both  such  fine  and 
imprisonment. 

Sec.  5854.  Owners  notify  weighmaster  of  uninspected  scales. — Any 
person  owning  or  having  in  his  possession  any  scale  used  for  weigh- 
ing, which  scale  has  not  been  inspected  as  provided  in  this  chapter, 
shall  immediately  notify  the  public  weighmaster  that  he  owns  or  has 
in  his  possession  such  a  scale  which  has  not  been  inspected  as  herein 
provided.  Should  any  person  fail  to  so  notify  the  public  weigh- 
master when  owning  or  having  in  his  possession  such  a  scale,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars  or  by  imprisonment  for  not  less  than  thirty 
days  nor  more  than  ninety  days,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  5855.  "  Person  "  denned. — The  word  "  person  "  as  used  in  this 
chapter  shall  be  construed  to  include  a  person,  firm,  company,  cor- 
poration or  association,  whether  acting  as  principal,  agent  or  em- 
ploye. 

Sec.  5856.  Weighmasters  may  make  arrests;  seizure  of  false  scales. — 
Every  public  weighmaster  or  his  deputy  is  authorized  and  required 
to  arrest  any  person  violating  any  or  the  provisions  of  this  chapter, 
and  to  seize  any  false  scales,  weights  or  measures  being  used  by  any 
such  person  and  to  deliver  the  same  to  the  magistrate  before  whom 
the  person  so  arrested  is  taken. 

The  magistrate  to  whom  any  scale,  weight  or  measure  is  delivered 
pursuant  to  this  section  shall  cause  the  same  to  be  tested  by  com- 
parison with  standards  required  by  this  chapter ;  and,  if  he  finds  it  to 
be  false,  he  shall  cause  it  to  be  destroyed,  if  the  case  against  the  person 
accused  of  using  the  same  has  been  disposed  of,  otherwise  to  be 
delivered  to  the  district  attorney  of  the  county  in  which  the  accused 
is  liable  to  indictment  or  trial. 

Upon  conviction  of  the  accused,  such  district  attorney  shall  cause 
any  scale,  weight  or  measure  in  respect  whereof  the  accused  stands 
convicted,  and  which  remains  in  the  possession  or  under  the  control 
of  such  district  attorney,  to  be  destroyed. 

Laws  1921,  ch.  158,  p.  335. 

Sec.  1.  Office  of  public  weigher. — The  office  treated  of  in  this  title 
shall  be  styled  the  "  office  of  public  weigher." 

Sec.  2.  Board  of  county  commissioners  may  appoint  weigher,  when. — 
The  board  of  county  commissioners  of  any  county  in  the  State  of  New 
Mexico,  when  presented  by  a  petition  signed  by  twenty  per  cent  of 
517—26 36 


560  LAWS  CONCEBNING  WEIGHTS  AND   MEASUEES 

the  qualified  voters  of  any  justice  precinct  in  the  county  praying  for 
the  appointment  of  a  public  weigher  or  public  weighers  for  said  pre- 
cinct, shall  appoint  one  or  more  suitable  persons  for  public  weighers 
for  said  justice  precinct ;  the  number  of  public  weighers  shall  be  de- 
termined by  said  board. 

Sec.  3.  Public  weighers  must  be  qualified  electors. — No  person  shall 
be  appointed  a  public  weigher,  unless  he  shall  be  a  qualified  elector  in 
the  justice  precinct  for  which  he  is  appointed. 

Sec.  4.  Must  not  be  interested  in  purchase  or  sale  of  things  weighed. — 
No  person  shall  be  appointed  public  weigher,  or  deputy  weigher,  who 
is  interested  in  the  purchase  or  sale  of  livestock,  cotton,  wool,  grain, 
or  coal  to  be  weighed,  either  as  principal,  agent,  factor,  commission 
merchant  or  employe. 

Sec.  5.  Office  may  be  abolished,  when. — After  the  office  of  public 
weigher  has  been  established  for  two  years,  the  board  of  county  com- 
missioners of  said  coimty  shall  upon  petition  to  abolish  said  office 
signed  by  qualified  voters  at  least  one-half  in  number  of  the  whole 
vote  cast  for  governor  at  the  last  preceding  election  in  the  public 
weigher's  precinct,  declare  such  office  abolished  to  be  effective  within 
thirty  days  after  presentation  of  such  petition ;  and  no  public  weigher 
shall  be  appointed  in  such  precinct  for  two  years  thereafter. 

Sec.  6.  Oath  and  bond. — Every  person  appointed  public  weigher, 
shall  take  the  oath  of  office  prescribed  by  the  constitution  for  other 
officers,  and  shall  execute  a  bond  with  good  and  sufficient  sureties  in 
the  sum  of  two  thousand  dollars,  to  be  approved  by  the  board  of 
county  commissioners  of  such  county,  and  payable  to  the  State  of 
New  Mexico,  conditioned  upon  the  faithful  and  impartial  perform- 
ance of  the  duties  of  the  office. 

Sec.  7.  Duties  of  public  weighers. — When  a  person  is  appointed  pub- 
lic weigher  and  shall  have  qualified  as  provided  in  section  3,  he  shall 
enter  upon  the  duties  of  his  office  and  weigh,  without  unnecessary 
delay,  all  grain,  cotton,  wool,  hay,  coal,  livestock  or  other  commodi- 
ties required  to  be  weighed  by  him.  He  shall  provide  suitable  and 
convenient  place  or  places  of  easy  access  to  the  public  in  which  to 
perform  his  duties.  He  shall  deliver  to  the  owner,  a  certificate  or 
statement,  written  in  ink  or  indelible  pencil,  setting  forth  the  gross 
and  net  weight  of  such  grain,  hay,  wool,  livestock  or  other  commodi- 
ties weighted  by  him,  over  his  official  signature.  He  shall  keep  in  a 
well-bound  book  a  record  of  all  articles  weighed  by  him,  giving  the 
name  of  owner  and  weight  of  article  or  load,  which  book  shall  be 
open  at  all  reasonable  hours  for  the  inspection  of  the  public ;  and  he 
shall,  upon  application  therefor  by  anyone,  issue  certified  copies  of 
such  certificates,  for  which  he  may  charge  the  sum  of  ten  cents,  in- 
cluding certificate  thereto.  The  provisions  of  this  article  shall  also 
apply  to  private  weighers  who  are  engaged  in  weighing  for  the 
public,  as  well  as  public  weighers- 
Sec.  8.  Appointment  of  deputies. — The  public  weigher  shall  have  the 
power  and  authority  to  appoint  as  many  deputies  for  his  weighers 
precinct  as  may  be  necessary  to  enable  them  to  expeditiously  weigh 
all  grain,  wool,  livestock,  coal  or  other  commodities  offered  to  be 
weighed  in  the  weigher's  or  justice  precinct,  for  which  they  are 
appointed.  The  public  weigher  shall  be  responsible  to  the  county 
for  the  faithful  performance  of  the  duties  of  deputies  appointed  by 
him.    He  may  require  of  them  a  bond  with  good  and  sufficient  surety 


NEW   MEXICO  561 

in  the  sum  of  one  thousand  dollars,  and  conditioned  for  the  faithful 
performance  of  their  duties;  and  the  public  weigher  shall  have  the 
right  to  recover  in  any  court  having  jurisdiction  satisfaction  on 
said  bonds  for  any  damage  sustained  by  reason  of  said  deputy  or 
deputies  for  any  failure  to  properly  perform  the  duties  of  the  office. 

See.  9.  Duties  and  responsibilities. — All  public  weighers  appointed 
under  the  provisions  of  this  chapter  shall  keep  accurate  and  well 
adjusted  scales  and  balances  and  give  accurate  weights,  and  shall 
keep  the  same  tested  and  certified  to  as  provided  by  law.  Each 
public  weigher  shall  be  held  responsible  for  the  official  acts  of  the 
deputies,  and  shall  be  liable  to  suits  for  all  damages  that  may  be 
accrued  to  any  person  or  persons  by  reason  of  the  failure  to  perform 
the  official  duties,  or  the  violation  of  any  of  the  provisions  of  this 
chapter;  and  the  bonds  shall  not  be  void  upon  the  first  recovery, 
but  may  be  sued  on  from  time  to  time,  in  the  name  of  the  person 
or  persons  injured  until  the  whole  thereof  is  recovered. 

Sec.  10.  Unlawful  to  employ  other  public  weighers,  when.— It  shall 
not  be  lawful  for  any  factor,  commission  merchant,  or  other  person 
or  persons,  to  employ  any  other  public  weigher  or  his  deputies,  to 
weigh  any  hay,  grain,  wool  or  any  other  product  sold  or  offered  for 
sale  in  any  city  or  justice  precinct  having  a  public  weigher  duly 
qualified ;  and  any  person  or  persons  violating  the  provisions  of  this 
section  shall  be  liable  to  the  suit  of  the  public  weigher  of  such  city 
or  justice  precinct,  to  damages  in  any  sum  not  less  than  five  dollars 
for  each  ton  of  hay,  grain,  coal,  sack  of  wool,  bale  of  cotton,  so 
unlawfully  weighed  to  be  recovered  in  any  court  having  jurisdic- 
tion thereof. 

See.  11.  Any  person  may  weigh  own  products;  may  weigh  for  others, 
when. — Nothing  in  this  chapter  shall  prevent  any  person,  firm,  or 
corporation  from  weighing  his  own  produce  in  person,  provided, 
that  in  places  where  there  are  no  public  weighers  appointed  any 

?>erson  who  shall  weigh  cotton,  wool,  grain,  hay  and  other  products 
or  compensation  shall  be  required  before  weighing  such  product 
to  enter  into  a  bond  with  at  least  two  good  and  sufficient  sureties 
in  the  sum  of  two  thousand  dollars,  approved  and  payable  as  in 
the  case  of  the  public  weigher  referred  to  in  this  section,  and  con- 
ditioned that  he  will  faithfully  perform  the  duties  of  his  office  and 
turn  over  all  property  weighed  by  him  on  demand  of  the  owner: 
Provided,  That  this  section  shall  not  apply  to  merchant  flouring 
mills. 

Sec.  12.  Penalty. — Any  weigher  who  qualifies  under  the  preceding 
section  and  shall  violate  any  of  the  provisions  or  fail  to  comply  with 
any  of  such  provisions,  shall  be  liable  at  the  suit  of  any  person 
injured  upon  his  bond  for  damages  that  may  have  accrued  to  such 
person  by  such  violation  or  failure. 
Sec.  13.  Fees. — Public  weighers  shall  receive  the  following  fees: 

For  each  bale  of  cotton,  not  exceeding $0. 10 

For  each  load  of  wool,  not  exceeding .  io 

For  each  load  or  part  of  load  of  hay  or  grain .  io 

For  each  bale  of  hides .10 

For  each  loose  hide .02 

For  each  load  or  part  of  load  of  coal .10 

For   each   barrel , .05 

For  each  load  or  part  of  load  of  broom  corn .  10 

For  each  load  or  part  of  load  of  livestock .10 


Sfcj 


562  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

And  he  shall  not  be  obliged  to  deliver  any  such  article  so  weighed 
until  the  same  therefore  shall  have  been  paid. 

Laws,  1923,  ch.  45,  p.  66. 

Sec.  4.  Weight  to  be  marked  on  bale  of  cotton. — Each  and  every 
ginner  shall  well  and  truly  mark  each  bale  with  the  initials  of  the 
owner  and  weight  and  number  of  the  bale ;     *     *     * 

Laws,  1921,  ch.  16,  p.  20. 

Sec.  1.  Public  weighmasters  in  cities,  towns  and  villages. — That  the 
office  of  the  public  weighmaster  be,  and  the  same  is  hereby,  estab- 
lished in  such  cities,  town  and  villages  of  the  State  of  New  Mexico, 
as  shall  by  ordinance  avail  themselves  of  the  provisions  of  this  act. 

Sec.  2.  How  appointed. — That  such  public  weighmaster  shall  be 
nominated  by  the  mayor  and  confirmed  by  the  city  council  or  board 
of  trustees  of  the  several  municipalities  of  said  State,  which  avail 
themselves  of  the  provisions  of  this  act,  as  provided  in  section  1 
hereof,  as  other  appointive  officers  are  nominated  and, confirmed  in 
the  municipal  corporations  of  said  State. 

Sec.  3.  Powers  and  duties. — That  the  powers  and  duties  of  such 
municipal  public  weighmaster  shall  be  the  same  as  those  now  pro- 
vided by  law  in  Chapter  CXVI  of  the  New  Mexico  Statutes,  codi- 
fication of  1915  for  public  weighmasters,  and  he  shall  receive  the 
same  fees  as  are  therein  provided  for  public  weighmasters. 

Sec.  4.  Office,  where  kept. — That  the  municipal  public  weighmaster 
shall  keep  his  office  at  such  place  in  the  municipality  as  may  be 
provided  by  the  city  council  or  board  of  trustees  of  such  munic- 
ipality. 

Sec.  5.  Procuring  of  standards. — That  the  city  council  or  board  of 
trustees  of  such  municipality  shall  procure  from  the  secretary  of 
state  such  duplicates  of  standard  weights  as  may  be  necessary  for 
the  use  of  such  public  weighmaster  in  such  municipality,  which 
duplicate  weights  shall  be  paid  for  by  the  municipality  and  deliv- 
ered to  the  municipal  public  weighmaster. 

Sec.  6.  Jurisdictions  of  municipal  public  weighmasters. — That  the  mu- 
nicipal public  weighmaster  shall  have  exclusive  jurisdiction  in  the 
matter  of  testing  weights  and  measures  within  such  municipality,  to 
the  exclusion  of  the  public  weighmaster,  provided  for  in  said 
Chapter  CXVI. 

Sec.  7.  Appointment  of  deputies. — That  said  municipal  public  weigh- 
master may  appoint  such  deputies  as  may  be  needed,  by  and  with  the 
consent  of  the  city  council  or  board  of  trustees  of  such  municipality, 
which  has  availed  itself  of  the  provisions  of  this  act  as  provided  in 
section  1  hereof. 

Stats.,  1915,  ch.  75,  p.  1028. 

Sec.  3531  (1884).  Population. — Every  municipal  corporation  having 
a  population  of  three  thousand  and  upwards  shall  be  a  city,  and 
every  municipal  corporation  having  a  population  of  fifteen  hundred 
shall  be  deemed  an  incorporated  town. 

Sec.  3564  (al897).  City  councils  and  boards  of  trustees,  powers;  sale  of 
bread;  inspection  of  merchandise;  weights  and  measures;  weights  and 
measures,  use  by  venders;  licensing  certain  business. — The  city  coun- 
cil and  board  of  trustees  in  towns  shall  have  the  following 
powers:    *    *    * 


NEW  MEXICO  563 

Twenty-second.  To  regulate  the  sale  of  bread  in  the  city  or  town, 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf.     *     *     * 

Twenty-fourth.  To  regulate  the  inspection,  weighing  and  measur- 
ing of  brick,  lumber,  firewood,  coal,  hay  and  any  article  of  mer- 
chandise. 

Twenty-fifth.  To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Twenty-sixth.  To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  venders. 

Sixty-first.  To  tax,  license  and  regulate  *  *  *  public 
scales.     *     *     * 

Stats.,  1915,  ch.  114,  p.  1601. 

Sec.  5700  (1907).  Water  measurement;  standards  for  flow,  volume,  and 
miner's  unit. — The  standard  of  measurement  of  the  flow  of  water 
shall  be  the  cubic  foot  per  second  of  time ;  the  standard  of  measure- 
ment of  the  volume  of  water  shall  be  the  acre-foot,  being  the  amount 
of  water  upon  an  acre  covered  one  foot  deep,  equivalent,  to  forty- 
three  thousand  five  hundred  and  sixty  cubic  feet.  The  miner's  inch 
shall  be  regarded  as  one-fiftieth  of  a  cubic  foot  per  second  in  all 
cases,  except  when  some  other  equivalent  of  the  cubic  foot  per 
second  has  been  specifically  stated  by  contract,  or  has  been  estab- 
lished by  actual  measurement  or  use. 


Stats.,  1915,  ch.  26,  p.  491. 

C.     1KC/I     /1COQ\       IT™™™ 


Sec.  1564  (1889).  Keeping  false  ore  scales,  etc. — Any  person,  associa- 
tion or  corporation,  or  the  agent  of  any  person,  association  or  cor- 
poration engaged  in  the  business  of  milling,  sampling,  concentrating, 
reducing  shipping  or  purchasing  ores,  as  aforesaid,  who  shall  keep 
or  use  any  false  or  fraudulent  scales  or  weights  for  weighing  ore, 
or  who  shall  keep  or  use  any  false  or  fraudulent  assay  scales  or 
weights  for  ascertaining  the  assay  value  of  ore,  knowing  them  to  be 
false,  every  person  so  offending  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  nor  less  than  one  hundred  dollars, 
or  imprisonment  not  more  than  one  year,  or  both,  at  the  discretion 
of  the  court. 

Stats.,  1915,  ch.  73,  p.  1001. 

Sec.  3498  (1889).  Owners  of  coal  mines  to  provide  scales. — That  the 
owner  or  agent  of  each  coal  mine  within  this  State,  at  which  the 
miners  are  paid  by  weight,  shall  provide  at  or  near  such  mine  suit- 
able scales  of  standard  make  for  the  weighing  of  all  coal  mined. 

Sec.  3499.  Weighmaster  to  be  sworn  as  to  duties. — The  owner  or 
agent  of  such  mine  shall  require  the  person  authorized  to  weigh  the 
coal  delivered  from  said  mine  to  be  sworn,  before  some  person  having 
authority  to  administer  an  oath,  to  keep  the  scales  correctly  bal- 
anced; to  accurately  weigh  and  to  record  a  correct  account  of  the 
amount  weighed  oi  each  miner's  car  of  coal  delivered  from  such 
mine,  and  such  oath  shall  be  kept  conspicuously  posted  at  the  place 
of  weighing.  The  record  of  the  coal  mined  by  each  miner  shall 
be  kept  separate  and  shall  be  open  to  his  inspection  at  all  reasonable 
hours,  and  also  for  the  inspection  of  all  other  persons  pecuniarily 
interested  in  such  mine. 


564  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  3500.  Miners  may  have  competent  check  weighman. — In  all  coal 
mines  in  this  State  the  miners  employed  and  working  therein  may 
furnish  a  competent  check-weighman,  who  shall  at  all  proper  times 
have  full  right  of  access  and  examination  of  such  scales,  machinery 
or  apparatus,  and  seeing  all  measures  and  weights  of  coal  mined  and 
accounts  kept  of  the  same :  Provided,  That  no  more  than  one  person 
on  behalf  of  the  miners  collectively  shall  have  such  right  of  access, 
examination  and  inspection  of  scales,  measures  and  accounts  at  the 
same  time  and  that  such  person  shall  make  no  unnecessary  interfer- 
ence with  the  use  of  such  scales,  machinery  or  apparatus.  The 
agent  of  the  miners  as  aforesaid  shall,  before  entering  upon  his 
duties  make  and  subscribe  to  an  oath  before  some  officer  duly  author- 
ized to  administer  oaths,  that  he  is  duly  qualified  and  will  faithfully 
discharge  the  duties  of  check-weighman.  Such  oaths  shall  be  kept 
conspicuously  posted  at  the  place  of  weighing. 

Sec.  3501.  Using  of  fraudulent  scales  or  conniving  at  false  weights  a 
misdemeanor;  penalty. — Any  person,  company  or  firm  having  or  using 
any  scale  or  scales  for  the  purpose  of  weighing  the  output  of  coal 
at  mines  so  arranged  or  constructed  that  fraudulent  weighing  may 
be  done  thereby,  or  who  shall  knowingly  resort  to  or  employ  any 
means  whatsoever  by  reason  of  which  such  coal  is  not  correctly 
weighed  or  reported  in  accordance  with  the  provisions  of  the  three 
preceding  sections,  or  any  weighman  or  check-weighman  who  shall 
fraudulently  weigh  or  record  the  weights  of  such  coal,  or  receive 
at  or  connive  at,  or  consent  to  such  fraudulent  weighing,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction  for  each 
such  offense  be  punished  by  a  fine  of  not  less  than  two  hundred 
dollars,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  not  to  exceed  sixty  days,  or  by  both 
such  fine  and  imprisonment,  proceedings  to  be  instituted  in  any 
court  of  competent  jurisdiction. 

Sec.  3502.  Failure  to  comply  with  provisions  of  this  act ;  penalty. — Any 
person,  owner  or  agent  operating  a  coal  mine  in  this  State  who  shall 
fail  to  comply  with  the  provisions  of  sections  3498  to  3501,  inclusive, 
or  who  shall  obstruct  or  hinder  the  carrying  out  of  their  require- 
ments shall  be  fined  for  the  first  offense  not  less  than  fifty  dollars, 
nor  more  than  two  hundred  dollars;  for  the  second  offense  not  less 
than  two  hundred  dollars,  nor  more  than  five  hundred  dollars, 
and  for  the  third  offense  not  less  than  five  hundred  dollars:  Pro- 
vided, That  the  provisions  of  said  sections  shall  apply  only  to 
coal  mines  whose  products  are  shipped  by  rail  and  shall  not  apply 
to  mines  where  suitable  scales  of  standard  make  furnished  by  any 
railroad  or  transportation  company  or  through  which  the  coal  is 
shipped  are  used  for  such  weighing. 


NEW  YORK 

Laws,  1922,  ch.  48,  Art.  16,  p.  159. 

Sec.  176.  Standard  weights  and  measures. — The  standard  weights  and 
measures  that  were  furnished  to  this  State  by  the  Government  of 
the  United  States,  in  accordance  with  a  joint  resolution  of  Congress, 
approved  June  fourteenth,  eighteen  hundred  and  thirty-six,  and 
consisting  of  one  standard  yard  measure  and  one  set  of  standard 
weights,  comprising  one  troy  pound,  and  nine  avoirdupois  weights 
of  one,  two,  three,  four,  five,  ten,  twenty,  twenty-five  and  fifty 
pounds  respectively;  one  set  of  standard  troy  ounce  weights,  di- 
vided decimally  from  ten  ounces  to  the  one  ten-thousandth  of  an 
ounce;  one  set  of  standard  liquid  capacity  measures,  consisting  of 
one  wine  gallon  of  two  hundred  and  thirty-one  cubic  inches,  one- 
half  gallon,  one  quart,  one  pint  and  one-half  pint  measure;  and 
one  standard  half  bushel,  containing  one  thousand  and  seventy-five 
cubic  inches  and  twenty  [twenty-one]  one-hundredths  of  a  cubic  inch, 
according  to  the  inch  hereby  adopted  as  standard,  and  such  new 
weights,  measures,  balances  and  other  apparatus  as  may  be  received 
from  the  United  States  as  standard  weights,  measures,  balances  and 
apparatus  in  addition  thereto  or  in  renewal  thereof  as  well  as  such 
weights,  measures,  balances  and  apparatus  as  may  be  added  by  the 
State  department  of  weights  and  measures  and  verified  by  the  Na- 
tional Bureau  of  Standards  shall  be  the  standards  of  weights  and 
measure  throughout  this  State. 

Sec.  177.  The  unit  of  length  and  surface. — The  units  or  standard 
measures  of  length  and  surface,  from  which  all  other  measures  of 
extension,  whether  lineal,  superficial  or  solid,  shall  be  derived  and 
ascertained,  are  the  standards  of  length  designated  in  this  article. 
For  measures  of  cloths  and  other  commodities  commonly  sold  by 
the  yard,  the  yard  may  be  divided  into  halves,  quarters,  eighths,  and 
sixteenths.  The  rod,  pole  or  perch,  contains  five  and  one-half  yards ; 
the  mile,  one  thousand  seven  hundred  and  sixty  yards.  The  chain 
for  measuring  land  is  twenty-two  yards  long  and  is  divided  into 
one  hundred  equal  parts  called  links.  The  acre  for  land  measure, 
shall  be  measured  horizontally  and  contain  ten  square  chains,  equiva- 
lent in  area  to  a  rectangle  sixteen  rods  in  length  and  ten  in  breath 
[breadth]  ;  six  hundred  and  forty  acres  being  contained  in  a  square 
mile. 

Sec.  178.  Units  of  weights. — The  units  or  standards  of  weight  from 
which  all  other  weights  shall  be  derived  and  ascertained,  shall  be 
the  standard  weights  designated  in  this  article.  The  hundred- 
weight consists  of  one  hundred  avoirdupois  pounds  and  twenty 
hundred  weight  are  a  ton.  In  all  transactions  relating  to  the  sale 
or  delivery  of  coal  two  thousand  avoirdupois  pounds  in  weight 
shall  constitute  a  legal  ton. 

565 


566  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  179.  Units  of  capacity. — The  units  of  standards  of  measure  of 
capacity  for  liquids  from  which  all  other  measures  shall  be  derived 
and  ascertained  shall  be  the  standards  designated  in  this  article. 
The  barrel  is  equal  to  thirty-one  and  one-half  gallons  and  two 
barrels  are  a  hogshead.  The  parts  of  the  liquid  gallon  shall  be 
derived  from  the  gallon  by  continual  division  by  the  number  two, 
so  as  to  make  half  gallons,  quarts,  pints,  half  pints  and  gills.  The 
peck,  half  peck,  quarter  peck,  quart,  pint  and  half  pint  measures 
for  measuring  commodities  which  are  not  liquids  shall  be  derived 
from  the  half  bushel  by  successively  dividing  that  measure  by  two. 

Sec.  180,  as  amended  by  laws,  1925,  ch.  60,  p.  78.  Duties  of  commis- 
sioner in  relation  to  weights  and  measures. — The  commissioner  shall 
take  charge  of  the  standards  adopted  by  this  article  as  the  standards 
of  the  State;  cause  them  to  be  kept  in  the  principal  office  of  the 
department  in  the  city  of  Albany,  from  which  they  shall  not  be 
removed,  except  for  repairs  or  for  certification,  and  take  all  other 
necessary  precautions  for  their  safe  keeping.  He  shall  maintain  the 
State  standards  in  good  order  and  shall  submit  them  once  in  ten  years 
to  the  National  Bureau  of  Standards  for  certification.  He  shall  cor- 
rect the  standards  of  the  several  cities  and  counties  and,  as  often  as 
once  in  five  years,  compare  the  same  with  those  in  his  possession, 
and  shall  keep  a  record  of  the  same,  and  where  not  otherwise  pro- 
vided by  law  he  shall  have  a  general  supervision  of  the  weights, 
measures  and  measuring  and  weighing  devices  sold  or  offered  for 
sale  in  the  State  or  in  use  in  the  State.  He  shall  upon  the  written 
request  of  any  citizen,  firm,  corporation  or  educational  institution 
of  the  State,  test  or  calibrate  weights,  measures,  weighing  or  meas- 
uring devices  and  instruments  or  apparatus  used  as  standards  in 
the  State.  He  shall  from  time  to  time  cause  to  be  tested  all  weights 
and  measures,  and  weighing  and  measuring  devices  used  in  check- 
ing the  receipt  or  disbursement  of  supplies  in  every  State  institu- 
tion and  report  in  writing  to  the  executive  officer  of  the  institution 
concerned;  and  at  the  request  of  said  officers  the  commissioner  shall 
appoint  in  writing  one  or  more  employees,  then  in  actual  service, 
of  each  institution,  who  shall  act  as  special  deputies  for  the  purpose 
of  checking  the  receipt  or  disbursement  of  supplies.  He  shall  keep 
a  complete  record  of  the  standards,  balances  and  other  apparatus 
belonging  to  the  State  and  take  receipt  for  the  same  from  his  suc- 
cessor in  office.  The  commissioner  shall  inspect  all  standards  used 
by  the  counties  or  cities  at  least  once  in  two  years  and  shall  keep 
a  record  of  the  same.  He  shall  as  often  as  he  shall  deem  necessary 
visit  the  various  cities  and  counties  of  the  State  in  order  to  inspect 
the  work  of  the  local  sealers  and  in  the  performance  of  his  duties 
he  may  inspect  the  weights,  measures,  balances  or  any  other  weigh- 
ing or  measuring  appliances  of  any  person,  firm  or  corporation.  He 
shall  establish  amounts  of  tolerance,  or  reasonable  variations  allow- 
able for  weights,  measures  and  weighing  and  measuring  devices, 
and  shall  issue  instructions  to  the  county  and  city  sealers,  and  these 
shall  be  binding  upon  and  govern  said  sealers  in  the  discharge  of 
their  duties. 

Sec.  181.  Copies  of  standard  weights  and  measures. — The  State  shall 
have  a  complete  set  of  copies  of  the  original  standards  of  weights 
and  measures  adopted  by  this  article,  which  shall  be  used  for  adjust- 


NEW  YORK  567 

ing  county  standards,  and  the  original  standards  shall  not  be  used 
except  for  the  adjustment  of  this  set  of  copies  and  for  scientific 
purposes. 

The  commissioner  shall  see  that  the  foregoing  provisions  of 
this  section  are  complied  with  and  procure  such  apparatus  and 
fixtures,  if  the  same  have  not  already  been  procured,  as  are  necessary 
in  the  comparison  and  adjustment  of  the  county  standards. 

He  shall  cause  all  the  city  and  county  standards  to  be  impressed 
with  the  emblem  of  the  United  States,  the  letters  "  N.  Y.,"  and 
such  other  devices  as  he  shall  direct  for  the  particular  county. 

Sec.  182.  County  sealer;  duty  of  supervisors. — There  shall  be  a 
county  sealer  of  weights  and  measures  in  each  county,  except  where 
such  county  is  wholly  embraced  within  a  city,  who  shall  be  appointed 
by  the  board  of  supervisors  and  hold  office  during  the  pleasure  of 
such  board.  He  shall  be  paid  a  salary  determined  by  the  board  of 
supervisors  and  shall  be  provided  by  them  with  the  necessary  work- 
ing equipment  of  standard  weights  and  measures.  He  shall  take 
charge  of  and  safely  keep  the  county  standards,  and  at  least  once  in 
every  five  years  shall  submit  such  standards  to  the  commissioner,  at 
the  place  where  the  standards  of  the  State  are  kept,  for  calibration 
and  certification.  Where  not  otherwise  provided  by  law,  the  county 
sealer  shall  have  the  power  within  his  county  to  inspect,  test,  try  and 
ascertain  if  they  are  correct,  all  weights,  scales,  beams,  measures  of 
every  kind,  instruments  or  mechanical  devices  for  measurement  and 
the  tools,  appliances  or  accessories  connected  with  any  or  all  such 
instruments  or  measurements  used  or  employed  within  the  county  by 
any  proprietor,  agent,  lessee  or  employee  in  determining  the  size, 
quantity,  extent?  area  or  measurement  of  quantities,  things,  produce, 
article  for  distribution  or  consumption  offered  or  submitted  by  such 
person  or  persons  for  sale,  for  hire  or  award.  He  shall  at  least  twice 
in  each  year  and  as  much  oftener  as  he  may  deem  necessary  see  that 
the  weights,  measures  and  all  apparatus  used  in  the  count}'  are  cor- 
rect. He  may  for  the  purposes  above  mentioned,  and  in  the  general 
performance  of  his  official  duties,  enter  or  go  into  or  upon  and  with- 
out formal  warrant,  any  stand,  place,  building  or  premises  or  may 
stop  any  vendor,  peddler,  junk  dealer,  coal  wagon,  ice  wagon  or  any 
dealer  whatsoever,  for  the  purposes  of  making  the  proper  tests. 
Whenever  the  county  sealer  finds  a  violation  of  the  statutes  relating 
to  weights  and  measures  he  shall  cause  the  violator  to  be  prosecuted. 
The  county  sealer  shall  keep  a  complete  record  of  the  work  done  by 
him  and  shall  make  an  annual  report  to  his  board  of  supervisors,  and 
an  annual  report,  duly  sworn  to,  not  later  than  the  first  of  December 
to  the  commissioner.  The  county  sealer  of  weights  and  measures 
shall  forthwith  on  his  appointment  give  a  bond,  with  sureties  to  be 
approved  by  the  appointing  power,  for  the  faithful  performance  of 
the  duties  of  his  office  and  for  the  safety  of  the  local  standards  and 
such  appliances  for  verification  as  are  committed  to  his  charge  and 
for  the  surrender  thereof  immediately  to  his  successor  in  office  or  to 
the  person  appointed  by  the  proper  authority  to  receive  them. 

Sec.  183.  City  sealer. — There  shall  be  a  city  sealer  of  weights  and 
measures,  or  an  officer  having  similar  duties,  to  be  appointed  by  the 
mayor  with  the  approval  of  the  common  council  of  each  city,  or  in 
such  other  way  as  the  city  charter  shall  designate.    He  shall  be  paid 


568  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

a  salary  to  be  fixed  and  determined  by  the  board  or  body  authorized 
to  determine  salaries  of  city  officials,  and  no  fees  shall  be  charged  or 
received  by  him  or  by  the  city  for  the  inspection  or  testing  of 
weights,  measures  or  weighing  or  measuring  devices.  He  shall  per- 
form in  his  city  the  duties  of  and  have  like  powers  as  a  county  sealer 
in  a  county. 

Sec.  184.  Sealing  of  approved  weights  and  measures. — Whenever  a 
city  or  county  sealer  inspects  any  weight  or  measure  and  finds  that 
it  corresponds  or  causes  it  to  correspond  with  the  standards  in  his 
possession  he  shall  seal  or  mark  the  same  with  an  appropriate  device. 

No  person  shall  remove  any  such  seal  or  mark  from  any  such 
weight  or  measure  or  obliterate  or  deface  any  such  seal  or  mark. 

Sec.  185.  Sealing  of  false  weights  and  measures. — Whenever  any  city 
or  county  sealer  inspects  any  weight  or  measure  and  finds  that  it  does 
not  correspond  and  does  not  cause  it  to  correspond  with  the  stand- 
ards in  his  possession  he  shall  seal  or  mark  the  same. 

No  person  shall  use  or  attempt  to  use  any  weight  or  measure  to 
which  there  has  been  affixed  or  upon  which  there  has  been  placed 
any  such  last  mentioned  seal,  mark  or  device,  for  the  purpose  of 
determining  the  weight  or  quantity  of  any  commodity  or  article  of 
merchandise,  unless  such  seal,  mark  or  device  shall  have  been  re- 
moved therefrom  by  a  city  or  county  sealer. 

No  person  shall  remove  from  any  such  weight  or  measure  any  seal 
or  mark  which  has  been  affixed  thereto,  or  placed  thereon  by  a  city 
or  county  sealer  or  obliterate  or  deface  the  same. 

Sec.  186.  Condemnation  and  seizure  of  false  weights  and  measures. — 
A  city  or  county  sealer  may  condemn  and  seize  any  weight  or  meas- 
ure found  by  him  to  fail  to  conform  to  the  standards  in  his  posses- 
sion and  which  is  not  caused  by  him  to  conform  to  such  standards 
and  cause  the  same  to  be  destroyed  or  disposed  of  under  such  regula- 
tions as  the  commissioner  of  farms  and  markets  may  prescribe. 

Sec.  187.  Keeping  false  weights  and  measures. — No  person  shall 
retain  in  his  possession  any  weight  or  measure,  knowing  it  to  be  false, 
unless  it  appears  beyond  a  reasonable  doubt  that  it  was  so  retained 
without  intent  to  use  it  or  permit  it  to  be  used  for  determining  the 
quantity  of  any  commodity  or  article  of  merchandise. 

Sec.  188  as  amended  by  Laws,  1922,  ch.  360,  p.  765.  Using  false  weights 
and  measures ;  delivery  of  deficient  quantities. — No  person,  with  knowl- 
edge that  the  same  is  false,  shall  use  a  false  weight,  measure,  or  other 
apparatus,  for  determining  the  quantity  of  any  commodity  or  article 
of  merchandise,  or  knowingly  deliver  less  of  any  such  commodity  or 
article  of  merchandise  than  the  quantity  he  represents. 

The  possession  or  use  by  any  person  of  any  false  weight,. measure, 
or  other  apparatus,  for  determining  the  quantity  of  any  commodity 
or  article  of  merchandise  is  presumptive  evidence  of  knowledge  by 
such  person  of  the  falsity  of  such  weight,  measure,  or  other  ap- 
paratus. The  delivery  by  any  person  of  a  lesser  quantity  of  any 
commodity  or  article  of  merchandise  than  the  quantity  he  represents 
is  presumptive  evidence  of  knowledge  by  such  person  that  the 
quantity  delivered  was  less  than  the  quantity  he  represented. 

Sec.  189.  False  labels. — No  person  shall,  with  intent  to  defraud,  put 
upon  an  article  of  merchandise  or  upon  a  cask,  bottle,  stopper,  vessel, 
case,  cover,  wrapper,  package,  band,  ticket,  label  or  other  thing,  con- 
taining or  covering  such  an  article,  or  with  which  such  an  article  is 


NEW  YORK  569 

intended  to  be  sold,  or  is  sold,  any  false  description  or  false  indica- 
tion of  or  respecting  the  number,  quantity,  weight  or  measure  of 
such  article  or  any  part  thereof ;  or  sell  or  offer  or  expose  for  sale  an 
article  which  to  his  knowledge  is  falsely  described  or  indicated  in  any 
of  the  manners  or  in  any  of  the  particulars  above  specified. 

Sec.  190.  Number  of  pounds  to  the  bushel. — Whenever  any  com- 
modity specified  in  this  section  is  sold  by  the  bushel,  and  no  special 
agreement  is  made  by  the  parties  as  to  the  mode  of  measuring,  the 
bushel  shall  consist  of  seventy  pounds  of  lime  or  coarse  salt;  sixty 
pounds  of  wheat,  peas,  potatoes,  clover-seed  or  beans;  fifty-seven 
pounds  of  onions;  fifty-six  pounds  of  Indian  corn,  rye  or  fine  salt; 
fifty-five  pounds  of  flax-seed;  fifty-four  pounds  of  sweet  potatoes; 
fifty  pounds  of  corn  meal,  rye  meal  or  carrots;  forty-eight  pounds 
of  barley  or  buckwheat;  forty-five  pounds  of  herds-grass,  timothy 
seed  or  rough  rice;  forty- four  pounds  of  Sea  island  cotton  seed; 
thirty-three  pounds  of  dried  peaches;  thirty-two  pounds  of  oats; 
thirty  pounds  of  upland  cotton  seed;  twenty-five  pounds  of  dried 
apples;  twenty  pounds  of  bran  or  shorts.  For  a  fractional  part  of 
the  bushel  a  like  fractional  part  of  the  above  weights  shall  be 
required. 

Sec.  191.  Bottles  or  jars  for  milk  and  cream;  capacity  of  milk  con- 
tainers; variations;  marking;  designating  number;  compliance  as  to  size 
and  marking  of  bottles. — Bottles  used  for  the  sale  of  milk  and  cream 
shall  be  of  the  capacity  of  half  gallon,  three  pints,  one  quart,  one 
pint,  half  pint  and  one  gill,  filled  full  to  the  bottom  of  the  cap 
ring  or  stopper.  The  following  variations  on  individual  bottles  or 
jars  may  be  allowed :  Six  drams  above  and  six  drams  below  on  the 
half  gallon ;  five  drams  above  and  five  drams  below  on  the  three  pint ; 
four  drams  above  and  four  drams  below  on  the  quart;  three  drams 
above  and  three  drams  below  on  the  pint;  two  drams  above  and  two 
drams  below  on  the  half  pint,  and  two  drams  above  and  two  drams 
below  on  the  gill.  Bottles  or  jars  used  for  the  sale  of  milk  shall 
have  clearly  blown,  or  otherwise  permanently  marked,  in  the  sides 
or  bottom  of  the  bottle  the  name,  initials  or  trade-mark  of  the  manu- 
facturer and  a  designating  number,  which  designating  number 
shall  be  different  for  each  manufacturer  and  may  be  used  in 
identifying  the  bottles.  The  designating  number  shall  be  furnished 
by  the  commissioner  upon  application  by  the  manufacturer,  and 
a  record  of  the  designating  numbers  and  to  whom  furnished  shall 
be  kept  in  the  office  of  the  commissioner.  No  manufacturer  shall 
sell  milk  or  cream  bottles  to  be  used  in  this  State  that  do  not  comply 
as  to  size  and  marking  with  the  provisions  of  the  last  section.  No 
dealer  shall  knowingly  use,  for  the  purpose  of  selling  milk  or  cream, 
jars  or  bottles  that  do  not  comply  with  the  provisions  of  the  last 
section. 

Sec.  192.  Definition  of  term  "  container." — "A  container,"  as  used  in 
the  following  sections  of  this  article,  shall  include  any  carton,  box, 
crate,  barrel,  half -barrel,  hamper,  keg,  drum,  jug,  jar,  crock,  bottle, 
bag,  basket,  pail,  can,  wrapper,  parcel  or  package. 

Sec.  193.  Method  of  sale  of  certain  commodities;  meat  and  butter;  other 
commodities. — All  meat,  meat  products  and  butter  shall  be  sold  or  of- 
fered for  sale  by  net  weight ;  all  other  commodities  not  in  containers 
shall  be  sold  or  offered  for  sale  by  standard  net  weight,  standard 


570  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

measure  or  numerical  count ;  and  such  net  weight,  measure  or  count 
shall  be  marked  thereon,  or  on  a  label  or  tag  attached  thereto ;  pro- 
vided however,  that  vegetables  may  be  sold  by  the  head  or  bunch. 

Sec.  193a,  as  enacted  by  Laws,  1924,  ch.  622,  p.  1154.  Method  of  sale  of 
bread. — Except  as  hereinafter  otherwise  provided,  bread  shall  not  be 
manufactured  for  sale,  sold  or  offered  or  exposed  for  sale  otherwise 
than  by  weight,  and  shall  be  manufactured  for  sale,  sold,  or  offered 
or  exposed  for  sale  only  in  units  of  one  pound,  one  and  one-half 
pounds,  or  multiples  of  one  pound.  When  multiple  loaves  are  baked, 
each  unit  loaf  shall  conform  to  the  weight  required  by  this  section. 
The  weights  herein  specified  shall  mean  net  weights  not  more  than 
twelve  hours  after  baking,  or  not  more  than  twelve  hours  after 
sale  and  delivery  by  the  manufacturer  for  resale.  Such  weights 
shall  be  determined  by  the  average  weight  of  not  less  than  six 
loaves:  Provided,  That  such  average  weights  shall  be  determined 
by  the  weight  of  at  least  twelve  loaves,  whenever  such  number  of 
loaves  is  available  at  the  time  and  place  of  such  weighing :  And  pro- 
vided further,  That  bread  found  upon  any  premises  occupied  for 
the  manufacture  of  bread  for  sale,  or  any  bread  found  in  the  wagons, 
trucks,  baskets,  boxes  or  other  delivery  vehicle  or  receptacles  owned 
or  controlled  by  the  manufacturer  of  such  bread,  and  being  trans- 
ported or  delivered  for  sale,  shall  for  the  purposes  of  this  section 
be  deemed  to  have  been  baked  within  twelve  hours  unless  such  bread 
is  marked,  designated  or  segregated  as  stale  bread.  Such  unit 
weights  shall  not  apply  to  rolls;  nor  to  stale  bread  when  sold  as 
such ;  nor  to  restaurant  or  sandwich  bread  sold  for  consumption  and 
use  on  the  premises  and  not  for  resale;  nor  to  fancy  bread  such  as 
fruit  breads,  nut  breads,  seed-covered  breads,  sugar-coated  breads 
and  gluten  breads,  and  such  other  breads  as  shall  be  defined  as 
fancy  bread ;  nor  to  bread  sold  by  the  piece  cut  from  the  loaf,  pro- 
vided such  bread  be  weighed  in  the  presence  of  the  buyer  upon 
tested  scales  kept  for  that  purpose;  nor  to  loaves  bearing  in  plain 
and  conspicuous  position  a  plain  statement  of  the  net  weight  of  the 
loaf  and  the  name  of  the  manufacturer  thereof  upon  the  wrapper 
of  each  loaf,  if  the  bread  is  wrapped,  or,  if  unwrapped,  upon  a 
label,  which  label  or  that  portion  representing  the  weight  shall  be 
not  larger  than  one  by  one  and  three-quarter  inches  and  not  smaller 
than  one  by  one  and  one-half  inches  in  size  affixed  to  the  loaf  in 
a  sanitary  manner,  provided,  however,  that  in  the  case  of  loaves 
sold  at  retail,  or  offered  or  exposed  for  retail  sale,  direct  from  manu- 
facturer to  consumer  upon  or  in  the  premises  of  the  manufacturer, 
the  information  as  to  the  weight  of  such  loaves  may  be  given  upon 
a  notice  printed  in  English  and,  if  different  language  is  spoken, 
also  the  language  or  languages  of  the  neighborhood,  conspicuously 
posted  in  plain  view  of  the  buyer  and  in  close  proximity  to  the 
bread  offered  for  sale  in  such  premises,  setting  forth  the  weight  of 
each  size  and  variety  of  such  loaves.  When  an  inspection  of  bread 
is  made  at  any  bakery  by  or  under  the  direction  of  the  commis- 
sioner of  farms  and  markets  or  by  or  under  the  direction  of  any 
city  or  county  sealer,  the  manufacturer  of  such  bread  or  his  servants 
or  agents  shall,  upon  the  request  of  the  official  making  such  inspec- 
tion, inform  him  whether  such  bread  is  manufactured  for  sale  in 
any  of  the  standard  unit  weights  prescribed  by  this  section  and,  if 


NEW   YORK  571 

not  so  manufactured  for  sale  in  such  standard  units,  shall  furnish 
such  official  with  samples  of  the  labels  or  wrappers  intended  to  be 
used  on  all  such  loaves  of  other  than  standard  unit  weights,  or  the 
notices  intended  to  be  posted  with  respect  to  such  loaves.  The  com- 
missioner of  farms  and  markets  shall  make  such  uniform  rules  and 
regulations  as  are  necessary  to  enforce  this  section,  including  rea- 
sonable tolerances  or  variations  within  which  all  weights  shall  be 
kept;  provided,  however,  that  the  variation  between  the  standard 
or  represented  weight  and  the  true  or  actual  weight  shall  not  exceed 
one  ounce  per  pound.  The  requirements  of  section  one  hundred  and 
ninety- four  of  this  chapter  shall  not  apply  to  the  sale  of  bread. 

Sec.  194,  as  amended  by  laws,  1922,  ch.  360,  p.  765.  Net  contents  of 
containers  to  be  indicated  on  the  outside  thereof. — When  commodities 
are  sold  or  offered  for  sale  in  containers  whose  sizes  are  not  otherwise 
provided  by  statute,  the  net  quantity  of  the  contents  of  each  container, 
shall  be  plainly  and  conspicuously  marked,  branded  or  otherwise 
indicated  on  the  outside  or  top  thereof  or  on  a  label  or  a  tag  at- 
tached thereto  in  terms  of  weight,  measure  or  numerical  count: 
Provided,  however,  That  reasonable  variations  shall  be  permitted. 

Sec.  195,  as  amended  by  Laws,  1924,  ch.  622,  p.  1154.  Exceptions. — The 
provisions  of  sections  one  hundred  and  ninety-three  and  one  hundred 
and  ninety-four  shall  not  apply  to  containers  or  commodities  in 
containers  with  ornamentations  or  decorations  exclusively  for  gifts 
or  social  favors  or  to  commodities  dispensed  for  consumption  on 
the  premises,  or  to  commodities  or  containers  put  in  receptacles  used 
merely  for  the  purpose  of  carrying  or  delivering  of  commodities  or 
containers  complying  with  the  provisions  of  such  sections,  or  when 
the  numerical  count  of  the  individual  units  is  six  or  less,  or  in  the 
case  of  liquids  when  the  contents  is  two  fluid  ounces  or  less,  or  when 
the  weight  of  the  contents  is  three  avoirdupois  ounces  or  less,  or 
to  barrels,  half  barrels,  quarter  barrels,  casks,  kegs  and  packages 
used  for  the  purpose  of  containing  maltous  beverages. 

Sec.  196.  Guaranty  furnished  by  wholesaler,  jobber  or  manufacturer. — 
No  person  shall  be  prosecuted  under  the  provisions  of  the  last  three 
sections  when  he  can  show  a  guaranty  signed  by  a  wholesaler,  jobber 
or  manufacturer,  residing  in  the  State  of  New  York  from  whom 
he  purchased  the  commodity  in  containers  to  the  effect  that  they 
were  not  incorrectly  marked  within  the  meaning  of  such  sections. 
The  person  making  the  sale  and  guaranty  shall  then  be  amenable 
to  the  prosecution,  fines,  and  other  penalties  which  would  in  due 
course  attach  to  the  dealer  under  the  provisions  of  such  sections. 
The  name  appearing  on  the  container  and  the  marking  as  provided 
by  next  to  the  last  preceding  section  shall  be  deemed  to  constitute 
a  guaranty. 

Sec.  197.  Construction  of  contracts. — All  contracts  made  within  the 
State  for  work  to  be  done,  or  for  the  sale  or  delivery  of  personal 
property  by  weight  or  measure,  shall  be  taken  and  construed  ac- 
cording to  the  standards  of  weights  and  measures  adopted  in  this 
article. 

Laws,  1922,  ch.  48,  Art.  18,  p.  172. 

Sec.  215.  Standard  weight  of  hop  bales  and  tare  thereon. — A  bale  of 
hops  sold  in  this  State  shall  not  weigh  less  than  one  hundred  and 
seventy-five  nor  more  than  two  hundred  and  ten  pounds.    The  tare 


572  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

to  be  deducted  is  five  pounds.  The  standard  weight  of  sacking  for 
baling  is  not  less  than  twenty-four  nor  more  than  thirty  ounces  for 
each  yard ;  five  yards  thereof  is  the  maximum  quantity  to  be  used  for 
each  bale,  and  any  excess  in  the  weight  of  such  sacking  or  other 
extraneous  matter  used  in  baling  may  be  deducted  as  additional  tare. 

Sec.  216.  Bales  of  hops  to  be  marked. — Every  person  putting  up  hops 
for  sale  or  exportation  shall  mark  or  stamp  on  each  bale  or  other 
package  containing  the  same,  in  a  legible  manner,  the  initial  letter 
of  his  Christian  name,  and  his  surname  at  full  length,  and  the  gross 
weight  of  such  bale  or  package,  before  its  removal  from  the  place 
where  the  hops  are  put  up. 

Sec.  218.  Presser  of  hay  and  straw  defined;  correct  scales  to  be  used; 
bales  to  be  marked. — The  term  "  presser  "  as  used  in  this  and  the  fol- 
lowing sections  of  this  article  shall  mean  the  person,  firm,  associa- 
tion or  corporation  owning  or  having  possession  and  operating  the 
hay  press.  A  presser  who  presses  hay  or  straw  for  market  shall  use 
correct  scales,  properly  sealed.  Every  presser  of  hay  or  straw  for 
market  shall  mark  each  bale  of  any  of  such  commodities  pressed 
by  him  with  his  name  and  business  address  and  the  correct  weight 
of  the  bale.  These  markings  shall  be  made  upon  a  tag,  of  not  less 
than  one  and  one-half  inches  in  width  and  three  inches  in  length, 
securely  fastened  to  the  bale. 

Sec.  219.  Weight  to  be  marked  on  bale. — The  gross  weight  shall  be 
plainly  marked  on  each  bale  of  hay  or  straw  sold  or  offered  for 
sale  in  this  State;  and  no  baled  hay  or  straw  shall  be  so  sold  or 
offered  for  sale  which  weighs  less  than  such  gross  weight  after  de- 
ducting five  pounds  from  such  bale  for  shrinkage.  And  no  baled 
hay  or  straw  shall  be  sold  or  offered  for  sale  with  more  than  twenty 
pounds  of  wood  to  the  bale,  the  weight  of  which  is  two  hundred 
pounds  or  upward,  or  more  than  ten  pounds  of  wood  for  bales  weigh- 
ing less  than  two  hundred  pounds. 

Sec.  222.  Coal,  coke  and  charcoal  to  be  sold  by  weight. — Coal,  coke  and 
charcoal  shall  be  sold  by  weight  except  as  hereinafter  provided.  A 
person,  firm  or  corporation  shall  not  sell  or  deliver  or  attempt  to  sell 
or  deliver  less  than  two  thousand  pounds  by  weight  to  the  ton  of 
coal,  coke  or  charcoal,  or  a  proper  proportion  thereof  in  quantities 
less  than  a  ton,  and  such  coal,  coke  or  charcoal  shall  be  duly  weighed 
on  scales  that  have  been  tested  and  sealed  by  the  official  charged  Avith 
such  testing:  Provided,  however,  That  in  all  cases  thirty  pounds  to 
the  ton  shall  be  allowed  for  the  variation  in  scales  and  wastage. 

Sec.  223.  Delivery  tickets  to  accompany  coal,  coke  and  charcoal. — No 
person,  firm  or  corporation  delivering  coal,  coke  or  charcoal  shall 
deliver  or  cause  to  be  delivered  any  quantity  or  quantities  of  coal, 
coke  or  charcoal,  without  each  such  delivery  being  accompanied  by  a 
delivery  ticket,  and  a  duplicate  thereof,  on  each  of  which  shall  be  in 
ink,  or  other  indelible  substance,  distinctly  expressed  in  pounds  the 
quantity  or  quantities  of  coal,  coke  or  charcoal  contained  in  the  cart 
or  wagon  or  other  vehicle  used  in  such  delivery,  with  the  name  of  the 
purchaser  thereof  and  the  name  of  the  dealer  from  whom  purchased. 
One  of  such  tickets  shall  be  delivered  to  the  purchaser  specified 
thereon,  and  the  other  of  such  tickets  shall  be  retained  by  the  seller. 
When  coal,  coke  or  charcoal  is  sold  in  quantities  of  less  than  one  hun- 
dred pounds,  in  baskets,  bags  or  pails,  the  provisions  of  this  section 
shall  not  apply. 


NEW  YORK  573 

Sec.  224.  Proviso  as  to  delivery  of  entire  cargo  or  carload  of  coal. — 
The  preceding  section  shall  not  apply  to  coal  delivered  by  the  entire 
cargo  direct  from  the  vessel  containing  the  same  to  one  destination 
and  accepted  by  the  purchaser  on  the  original  bill  of  lading  as  proof 
of  weight,  or  from  a  full  car  loaded  with  coal ;  but  with  every  such 
delivery  of  an  entire  cargo  or  carload  of  coal  there  shall  be  delivered 
to  the  purchaser  thereof  by  the  consignor,  one  of  the  original  bills  of 
lading  or  shipping  notices  issued  to  or  by  the  person,  firm  or  corpora- 
tion by  whom  the  coal  was  loaded  into  the  vessel  or  car  from  which 
such  coal  is  delivered  to  the  purchaser  of  the  entire  cargo  or  carload 
thereof,  on  each  of  which  bills  of  lading  there  shall  be  in  ink  or  other 
indelible  substance  distinctly  expressed  the  date  and  place  of  load- 
ing such  cargo  or  car  and  the  number  of  pounds  contained  therein. 

Sec.  225,  as  amended  by  laws,  1923,  ch.  727,  p.  1292.  Sizes  and  mark- 
ings of  bags  and  baskets  of  coal,  eoke  and  charcoal. — Baskets  or  bags 
used  for  the  delivery  of  coal,  coke  or  charcoal,  shall  be  of  such  capac- 
ity as  to  hold  stricken  full  approximately  one  hundred  pounds  of 
anthracite  coal;  but  baskets  or  bags  of  other  sizes  used  for  delivery 
may  be  used  if  the  amount  of  anthracite  coal  they  will  contain 
stricken  full  is  indelibly  marked  on  the  outside  thereof  in  solid  roman 
capital  letters  at  least  three  inches  in  height.  When  the  coal,  coke  or 
charcoal  is  sold  in  quantities  less  than  one  hundred  pounds  in  baskets 
or  bags  or  pails,  such  baskets,  bags  or  pails  shall  have  the  weight  of 
the  contents  plainly  marked  on  the  outside  thereof  in  solid  roman 
capital  letters  at  least  one  inch  in  height;  but  charcoal  or  coke  in 
quantities  less  than  one  hundred  pounds  may  be  sold  by  standard 
struck  measure,  and  in  such  cases  the  bag,  basket  or  pail  shall  have 
plainly  marked  on  the  outside  thereof  the  capacity  in  terms  of  stand- 
ard dry  measure  in  solid  roman  capital  letters  at  least  one  inch  in 
height,  and  in  no  instance  shall  a  paper  bag  or  sack  used  or  intended 
to  be  used  in  the  sale  of  coke,  charcoal  or  kindling  wood  by  measure 
be  less  than  twenty-two  inches  in  height,  not  less  than  eleven  inches 
in  width  and  the  bottom  shall  be  not  less  than  four  inches  wide. 

Sec.  226.  How  coal,  coke  or  charcoal  may  be  reweighed. — A  weights 
and  measures  official  of  the  State,  of  the  city  or  of  the  county  who 
finds  any  quantity  of  coke,  coal  or  charcoal  ready  for  delivery,  may 
in  his  discretion  direct  the  person  in  charge  of  the  goods  to  convey 
the  same  without  delay  to  scales  designated  by  such  official,  who 
shall  there  determine  the  quantity  of  the  goods  and  shall  determine 
their  weight  with  the  weight  of  the  vehicle  in  which  they  are  car- 
ried and  shall  direct  said  person  to  return  to  such  scales  forthwith 
upon  unloading  the  goods,  and  upon  such  return  the  official  shall  re- 
weigh  the  vehicle  in  a  manner  similar  to  that  in  which  it  was 
weighed  with  the  goods.  The  scale  designated  by  the  official  as 
aforesaid  may  be  any  scale  which  has  been  duly  tested  and  sealed 
and  shall  be  such  scales  as  are  in  his  judgment  the  most  convenient 
of  those  available. 

Sec.  227.  Seller  shall  not  refuse  to  allow  coal,  coke  or  charcoal  to  be  re- 
weighed. — No  seller  of  coal,  coke  or  charcoal  shall  refuse  to  permit  a 
weights  and  measures  official  to  weigh  the  coal,  coke  or  charcoal 
purchased  from  him  to  be  reweighed  at  the  request  of  the  purchaser 
or  at  the  request  of  the  weights  and  measures  official.  No  driver 
or  any  other  person  in  charge  of  the  vehicle  containing  coal,  coke 
or  charcoal  or  from  which  coal,  coke  or  charcoal  has  been  delivered 
shall  refuse  to  take  the  same  at  the  request  of  the  purchaser  or  of 


574  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

the  weights  and  measures  official  to  scales  as  aforesaid  for  the  pur- 
pose of  having  the  same  weighed,  but  when  there  is  a  charge  for 
weighing  such  charge  shall  be  paid  by  the  one  making  the  request. 

Sec.  228.  Application  of  article. — The  provisions  of  this  article  relat- 
ing to  coal,  coke  and  charcoal  shall  not  apply  to  the  city  of  New 
York. 

Sec.  229,  as  amended  by  Laws,  1923,  ch.  723,  p.  1289.  Marking 
thread. — No  person,  firm  or  corporation  shall  sell  or  offer  for  sale, 
sewing,  basting,  darning,  crochet,  tatting,  knitting  or  embroidery 
thread  made  of  cotton,  linen  or  silk,  put  up  on  spools,  tubes,  cones, 
bobbins  or  in  balls,  skeins  or  other  similar  packages,  manufactured 
after  January  first,  nineteen  hundred  and  twenty,  unless  there  is 
affixed  to  or  impressed  upon  a  conspicuous  part  of  each  such  spool, 
tube,  cone,  bobbin,  ball,  skein  or  other  similar  package  of  such  thread, 
a  label  or  stamp  which  shall  be  plain  and  conspicuous,  and  which 
shall  plainly  indicate,  either  its  net  weight  in  avoirdupois  pounds  and 
ounces,  or  its  length  in  yards :  Provided,  That  when  any  such  spool, 
tube,  cone,  bobbin,  ball,  skein  or  other  similar  package  of  such  thread 
containing  a  net  weight  of  less  than  two  avoirdupois  ounces,  is  sold  or 
offered  for  sale,  then  such  label  or  stamp  shall  indicate  its  length  in 
3rards:  Provided  further,  That  where  from  the  shape,  size  or  char- 
acter of  the  spool,  tube,  cone,  bobbin,  ball,  skein  or  other  similar 
package  it  is  impossible  so  to  affix  or  impress  such  label  or  stamp, 
a  label  or  stamp  shall  be  affixed  to  the  box  or  other  container  in 
which  such  packages  are  put  up,  stating  the  number  of  units  con- 
tained therein  and  the  net  weight  or  yardage  of  each,  as  herein- 
before prescribed.  If  any  such  person,  firm  or  corporation  shall  sell 
or  offer  for  sale  such  thread  on  any  such  spool,  tube,  cone,  bobbin, 
or  in  any  such  ball,  skein  or  other  similar  package  or  box,  without  a 
label  or  stamp  specifying  the  net  weight  or  number  of  yards  of 
thread  contained  thereon,  as  provided  in  the  first  paragraph  of  this 
section,  or  if  any  such  person,  firm  or  corporation  shall  knowingly 
sell  or  offer  for  sale  such  thread  on  any  such  spool,  tube,  cone,  bobbin, 
or  in  any  such  ball,  skein  or  other  similar  package  or  box,  weighing 
or  measuring  more  than  five  per  centum  less  than  the  net  weight  or 
number  or  yards  that  the  label  or  stamp  thereon  specifies,  then  such 
person,  firm  or  corporation  shall  forfeit  the  sum  of  twenty  dol- 
lars for  each  such  spool,  tube,  cone,  bobbin,  ball,  skein  or  other  simi- 
lar package  so  sold  or  offered  for  sale;  said  sum  of  twenty  dollars 
for  each  violation  of  this  section  to  be  recovered  in  an  action  by  any 
person  or  firm  who  will  sue  for  same,  one-half  whereof  shall  be  paid 
to  the  State  treasurer. 

Con.  Laws,  Vol.  5,  ch.  55,  Art.  14,  p.  3645,  Second  Class  Cities  Law. 

Sec.  211  (1909.  Sealer  of  weghts  and  measures. — The  sealer  of 
weights  and  measures  shall,  within  the  city,  have  the  powers  and 
perform  the  duties  of  sealers  of  weights  and  measures  of  towns1 
under  the  general  laws  of  the  State.  He  shall  supervise  the  weighing 
of  coal  and  perform  such  other  duties  as  may  be  prescribed  by  law 
or  ordinance  of  the  common  council.  He  shall  receive  a  salary,  to 
be  fixed  by  the  board  of  estimate  and  apportionment,  and  no  fees 
shall  be  charged  or  collected  by  him  or  by  the  city  for  his  services. 

1  There  are  now  no  town  sealers.     See  Laws,  1922,  ch.  48,  sec.  183,  supra. 


NEW  YORK  575 

Code  Civil  Procedure. 

Sec.  841a,  as  added  by  Laws,  1909,  ch.  65,  p.  21.  Testimony  of  surveyor 
and  proof  of  standard  of  measurement. — -No  surveyor  shall  give  evidence 
in  any  cause  depending  in  any  of  the  courts  of  this  State,  or  before 
arbitrators,  respecting  the  survey  or  measurement  of  lands  which  he 
may  have  made,  unless  if  required,  either  such  surveyor  shall  make 
oath,  or  it  shall  otherwise  be  shown  that  the  chain  or  measure  used 
by  him  was  comformable  to  the  standards  of  the  State  which  were 
the  standards  of  State  at  the  time  such  survey  was  made.  An 
official  certificate  of  any  State,  county,  city,  village  or  town  sealer 
elected  or  appointed  pursuant  to  the  laws  of  this  State,  or  the  oath  of 
such  surveyor,  that  such  chain  or  measure  conformed  to  the  State 
standard  which  shall  have  been  furnished  any  such  sealer  pursuant 
to  the  provisions  of  the  laws  of  this  State,  shall  be  prima  facie 
evidence  of  such  conformity,  and  an  official  certificate  made  by  any 
such  sealer  that  the  implement  used  in  measuring  such  chain  or  other 
measure  was  the  one  provided  under  such  laws  for  such  purposes, 
shall  be  prima  facie  evidence  of  that  fact. 

Con.  Laws,  Vol.  4,  ch.  40,  p.  2531,  Penal  Law. 

Sec.  434  (1909).  Concealing  foreign  matter  in  merchandise. — A  person 
who,  with  intent  to  defraud,  while  putting  up  in  a  barrel,  bag,  bale, 
box,  or  other  package,  cotton,  hops,  hay,  or  any  other  article  of 
merchandise  whatever,  usually  sold  by  weight  in  such  packages, 
places  or  conceals  therein  any  other  substance  or  thing  whatever,  in 
a  case  where  special  provision  for  the  punishment  thereof  is  not 
otherwise  made  by  statute,  is  guilty  of  a  misdemeanor. 

Sec. "461.  Weighmaster  making  false  entry  of  weight  of  canal  boat. — 
A  weighmaster  upon  any  of  the  canals  belonging  to  this  State, 
and  a  clerk  of  such  Aveighmaster,  who  makes  a  false  entry  of  the 
weight  of  any  boat,  or  cargo  of  any  boat,  navigating  such  canal,  or 
who  makes  a  false  certificate  of  the  light  weight  of  any  boat,  know- 
ing such  entry  or  certificate  to  be  false,  is  guilty  of  a  misdemeanor. 

Con.  Laws,  Vol.  4,  ch.  40,  Art.  216,  p.  2818. 

Sec.  2410  (1909).  Requiring  more  than  the  legal  weight  for  a  bushel. — 
Where  potatoes,  grains  or  other  agricultural  products  are  sold  by 
the  bushel,  without  agreement  as  to  the  weight,  any  person  requiring 
a  greater  number  of  pounds  for  a  bushel  than  as  prescribed  by  sec- 
tion eight  of  the  general  business  law  is  guilty  of  a  misdemeanor. 

Sec.  2413.  False  weights  and  measures  authorized  to  be  seized. — A  per- 
son who  is  authorized  or  enjoined  by  law  to  arrest  another  person 
for  a  violation  of  the  last  two  sections  [sections  187  and  188,  chapter 
48,  Laws,  1922]  is  equally  authorized  and  enjoined  to  seize  any  false 
weights  or  measures  found  in  the  possession  of  the  person  so  ar- 
rested, and  to  deliver  the  same  to  the  magistrate  before  whom  the 
person  so  arrested  is  required  to  be  taken. 

Sec.  2414.  Weights  and  measures  may  be  tested  by  committing  magis- 
trate and  destroyed  or  delivered  to  district  attorney. — The  magistrate 
to  whom  any  weight  or  measure  is  delivered  pursuant  to  the  last 
section,  must,  upon  the  examination  of  the  defendant,  or  if  the  ex- 
amination is  delayed  or  prevented,  without  awaiting  such  examina- 
517—27 37 


576  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

tion,  cause  the  same  to  be  tested  by  comparison  with  standards  con- 
formable to  law ;  and  if  he  finds  it  to  be  false,  he  must  cause  it  to 
be  destroyed,  or  to  be  delivered  to  the  district  attorney  of  the  county 
in  which  the  defendant  is  liable  to  indictment  or  trial,  as  the  interests 
of  justice  in  his  judgment  require. 

Sec.  2415.  False  weights  and  measures  to  be  destroyed  after  conviction 
of  offender. — Upon  the  conviction  of  the  defendant,  the  district  attor- 
ney must  cause  any  weight  or  measure  in  respect  whereof  the  defend- 
ant stands  convicted,  and  which  remains  in  the  possession  or  under 
the  control  of  the  district  attorne}',  to  be  destroyed. 

Sec.  2416.  Stamping  false  weight  or  tare  on  casks  or  packages. — A  per- 
son who  knowingly  marks  or  stamps  false  or  short  weights  or  false 
tare  on  any  cask  or  package,  or  knowingly  sells  or  offers  for  sale  any 
cask  or  package  so  marked,  is  guilty  of  a  misdemeanor. 

Con.  Laws,  Vol.  5,  ch.  65,  Art.  4,  p.  4456. 

Sec.  89.  General  powers  of  the  board  of  trustees  of  villages ;  may  estab- 
lish scales. — The  board  of  trustees  of  a  village : 

13.  May  establish  and  maintain  a  village  clock  and  scales  for  the 
public  convenience;  and  fix  the  fees  for  the  use  of  such  scales. 

Con.  laws,  Vol.  2,  ch.  20,  Art.  26,  p.  1261. 

Sec.  393,  as  enacted  by  laws,  1923,  ch.  599,  p.  899.  Lime;  standard 
barrels. — There  is  hereby  established  a  large  and  a  small  barrel  of 
lime,  the  large  barrel  to  consist  of  two  hundred  and  eighty  pounds 
and  the  small  barrel  to  consist  of  one  hundred  and  eighty  pounds, 
net  weight.  It  shall  be  unlawful  for  any  person  to  sell  or  offer  for 
sale  lime,  unless  there  shall  be  stencilled  or  otherwise  clearly  marked 
on  one  or  both  heads  of  the  small  barrel  the  figures  "  180  lbs.  net  "  and 
on  the  large  barrel  the  figures  "280  lbs.  net,"  and  on  either  barrel 
in  addition  the  name  of  the  manufacturer  of  the  lime  and  where 
manufactured.  When  lime  is  sold  in  containers  of  less  capacity  than 
the  standard  small  barrel,  it  shall  be  sold  in  fractional  parts  of 
said  standard  small  barrel,  and  the  net  weight  of  lime  contained  in 
such  container  shall  by  stencil  or  otherwise  be  clearly  marked 
thereon,  together  with  the  name  of  the  manufacturer  thereof,  and 
the  name  of  the  brand,  if  any,  under  which  it  is  sold.  It  shall 
be  unlawful  to  pack,  sell,  or  offer  for  sale  any  barrels  or  other  con- 
tainers of  lime  which  are  not  marked  as  provided  in  this  act, 
or  to  sell,  charge  for,  or  purport  to  deliver  as  a  large  or  small  barrel 
or  a  fractional  part  of  said  small  barrel  of  lime,  any  less  weight 
of  lime  than  is  established  by  the  provisions  of  this  section.  Any 
person  violating  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor. 

Laws,  1922,  ch.  48,  Art.  17,  p.  166. 

Sec.  212,  as  amended  by  Laws,  1925,  ch.  172,  p.  223.  Branding  oyster 
kegs  and  cans. — Every  person  engaged  in  putting  up  oysters  for  sale 
in  kegs  or  cans,  or  offering  them  for  sale  in  kegs  or  cans,  not 
previously  marked  or  branded,  shall  mark  or  brand  such  kegs  or 
cans  with  the  true  quantity  of  oysters  in  pints,  quarts  or  gallons, 
which  they  may  respectively  hold,  and  not  more  than  ten  per  centum 
of  such  quantity  shall  be  liquid. 


NEW   YORK  577 

Con.  Laws,  ch.  69,  Farms  and  Markets  Law,  Art.  10. 

Sec.  143,  as  amended  by  Laws,  1922,  ch.  386,  p.  811.  Fertilizer. — No 
manufacturer,  firm,  association,  corporation  or  person  shall  sell,  offer 
or  expose  for  sale  in  this  State  any  commercial  fertilizer  or  any  ma- 
terial to  be  used,  as  fertilizer,  except  animal  manure  which  have  not 
been  artificially  treated  or  manipulated,  unless  such  commercial 
fertilizer  or  material  to  be  used  as  fertilizer  shall  be  accompanied  by 
or  shall  have  affixed  to  each  and  every  package  in  a  conspicuous 
place  on  the  outside  thereof,  a  plainly  printed  statement  which  shall 
certify  as  follows : 

1.  The  net  weight  of  the  contents  of  the  package. 

2.  The  name,  brand  or  trade-mark  under  which  it  is  to  be  sold. 

3.  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  the  placing  of  the  commodity  upon  the  market. 

*  *  *  *  *  *  * 

Sec.  144,  as  amended  by  Laws,  1923,  ch.  722,  p.  1288.  Violations. — It 
shall  be  a  violation  of  the  provisions  of  this  article  if  the  statement  re- 
quired by  the  last  preceding  section  shall  be  false  in  regard  to  the 
net  weight  of  the  contents  of  the  package  sold,  offered  or  exposed 
for  sale,  or  in  the  name,  brand  or  trade-mark  under  which  the  fer- 
tilizer is  sold,  or  in  the  name  and  address  of  the  manufacturer  or 
person  responsible  for  placing  the  commodity  upon  the 
markets.     *     *     * 

Laws,  1922,  ch.  48,  Art.  8,  p.  133. 

Sec.  131.  Statements  to  be  attached  to  packages;  contents. — No  manu- 
facturer, firm,  association,  corporation  or  person  shall  sell,  offer  oi 
expose  for  sale  or  for  distribution  in  this  State,  any  concentrated 
commercial  feeding  stuffs  used  for  feeding  livestock  unless  such 
concentrated  commercial  feeding  stuffs  shall  be  accompanied  by  or 
shall  have  affixed  to  each  and  every  package  in  a  conspicuous  place 
on  the  outside  thereof  and  near  the  top,  a  tag,  the  form  of  which 
shall  be  prescribed  by  the  commissioner  and  which  shall  bear  a 
plainly  printed  statement  which  shall  certify'as  follows : 

1.  The  net  Aveight  of  the  contents  of  the  package,  except  in  the 
case  of  malt  sprouts  sold  in  packages  containing  uneven  Aveights. 

2.  The  name,  brand  or  trade-mark. 

3.  The  name  and  principal  address  of  the  manufacturer  or 
person  responsible  for  the  placing  of  the  commodity/  upon  the 
market.     *     *     * 


NORTH  CAROLINA 


Con.  Stats.,  1919,  Vol.  2,  ch.  133,  p.  1076. 

Sec.  8060,  as  amended  by  Laws,  1921,  extra  session,  ch.  87,  p.  113. 
Standard  weight ;  purchase  and  sale  by  measure ;  forfeit  for  taking  greater 
weight. — The  standard  weight  of  the  following  seeds  and  other 
articles  named  shall  be  as  stated  in  this  section,  viz : 1. 

Lbs. 
per  bu. 

Grass  seed,  timothy 45 

Hair,  plastering 8 

Hemp  seed 44 

Hominy 62 

Horseradish 50 

Land  plaster 100 

Lime,  unslaked 80 

Lime,  slaked 40 

Meal,   corn,  whether  bolted  or 

unbolted 48 

Melon,  cantaloupe 50 

Millet 50 

Mustard 58 

Nuts,  chestnuts 50 

Nuts,  hickory,  without  hulls 50 

Nuts,  walnuts,  without  hulls 50 

Oats,  seed 32 

Onions,  button  sets 32 

Onions,  top  buttons 28 

Onions,  matured 57 

Osage  orange  seed 33 

Parsnips 50 

Peaches,  dried 25 

Peaches,  matured 50 

Peach  seed 50 

Peanuts 22 

Peanuts,  Spanish 30 

Pears,  dried 26 

Pears,  matured 56 

Peas,  dry 60 

Peas,  green,  in  hull 30 

Pieplant 50 

Plums 64 

Potatoes,  Irish 56 

Potatoes,  sweet 56 

Quinces,  matured 48 

Raspberries 48 

Rice,  rough 44 

Rye  seed 56 

Sage 4 

Salads,    mustard,   spinach,   tur- 
nips, kale 10 

Salt 50 

Sorghum  seed 50 

Strawberries 48 

Sunflower  seed 24 

Teosinte 59 

Tomatoes 56 

Turnips 50 

Wheat 60 


Alfalfa 

Apples,  dried 

Apple  seed 

Barley 

Beans,  castor 

Beans,  dry 

Beans,  green,  in  pod 

Beans,  soy 

Beets 

Blackberries 

Blackberries,  dried 

Bran 

Broom  corn 

Buckwheat 

Cabbage 

Canary  seed 

Carrots 

Cement ' 

Charcoal 

Cherries,  with  stems 

Cherries,  without  stems 

Clover,  burr 

Clover,  German 

Clover,  Japan,  Lespedeza,  in  hull- 
Clover  seed,  red  and  white 

Coal,  stone 

Coke * 

Corn  in  ear,  shucked 

Corn  in  ear,  with  shucks 

Corn,   Kaffir i 

Corn,  pop 

Corn,  shelled 

Cottonseed 

Cottonseed,  Sea  Island 

Cucumbers 

Flaxseed 

Gooseberries 

Grapes,  with  stems 

Grapes,  without  stems 

Grass,  redtop 

Grass,  velvet 

Grass    seed,    all    meadow    and 

fescue  except  tall 

Grass  seed,  Bermuda 

Grass  seed,  blue 

Grass  seed,  Hungarian 

Grass  seed,  Italian  rye 

Grass  seed,  Johnson 

Grass  seed,  orchard 

Grass  seed,  perennial  rye 

Grass  seed,  tall  meadow  and  tall 

fescue 


Lbs. 
per  bu. 

60 
24 
40 
48 
46 
60 
30 
60 
50 
48 
28 
20 
44 
50 
50 
60 
50 
80 
22 
56 
64 

8 
60 
25 
60 
80 
40 
68 
70 
50 
70 
56 
30 
44 
48 
56 
48 
48 
60 
14 

7 

14 
14 
14 
48 
20 
25 
14 
14 

24 


1  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 
578 


NORTH   CAROLINA  579 


Lbs. 
per  bbl. 

Beef,  net 200 

Pork.net 200 

Lbs.  per 
y2  bbl. 

Fish 100 


Gals, 
per  bbl. 

Liquids 42 

Lbs.  per 
gal. 

Sorghum  molasses 12 


But  this  section  shall  not,  be  construed  to  prevent  the  purchase  and 
sale  by  measure. 

If  any  person  shall  take  any  greater  weight  than  is  specified  for 
any  of  the  items  named  herein,  he  shall  forfeit  and  pay  the  sum  of 
twenty  dollars  for  each  separate  case  to  any  person  who  may  sue 
for  same. 

Sec.  8061  (al866).  Standards. — No  trader  or  other  person  shall  buy 
or  sell,  or  otherwise  use  in  trading,  any  other  weights  and  measures 
than  are  made  and  used  according  to  the  standard  prescribed  by 
the  Congress  of  the  United  States :  Provided,  That  this  chapter  shall 
not  prevent  the  citizens  of  the  State  from  buying  and  selling  grain 
by  measure  as  may  be  agreed  upon  between  the  parties. 

Sec.  8062°.  Acre;  pole;  perch;  land  measure. — The  measure  of  an  acre 
of  land  shall  be  equal  to  a  rectangle  of  sixteen  poles  or  perches  in 
length  and  ten  in  breadth,  and  shall  contain  one  hundred  and  sixty 
square  perches  or  poles,  or  four  thousand  eight  hundred  and  forty 
square  yards;  six  hundred  and  forty  such  acres  being  contained  in 
a  square  mile. 

Sec.  8083  (al881).  To  be  provided  by  board  of  county  commissioners; 
branded. — The  board  of  commissioners  of  each  county  shall,  at  the 
charge  of  their  county,  procure  standard  sealed  weights  of  half 
hundred,  quarter  hundred,  ten  pounds,  five  pounds,  two  pounds,  and 
one  pound,  one-half  pound,  one-quarter  pound,  two  ounces,  one 
ounce,  one-half  ounce,  gauging  rod  and  waist  sticks,  yard  sticks, 
half  bushel,  peck,  half  peck,  quarter  peck,  and  one-eighth  peck,  gal- 
lon, half  gallon,  quart,  pint,  half  pint,  and  gill  measure,  of  the 
United  States  standard,  sealed  and  branded  "  N.  C." 

Sec.  8064  (al893).  Penalty  for  using,  untested. — If  any  person,  after 
demand  by  the  standard-keeper  for  permission  to  examine  and  adjust 
the  same,  shall  buy,  sell  or  barter  by  any  weight  or  measure  which 
shall  not  be  tried  by  the  standard,  and  sealed  or  stamped  as  afore- 
said, he  shall,  for  every  such  offense,  forfeit  and  pay  forty  dollars, 
and  if  any  person  shall  sell  and  deliver  by  less  measure  than  the 
standard,  he  shall  forfeit  and  pay  for  each  offense  forty  dollars  to 
the  person  suing  therefor. 

Sec.  8065  (al881).  Standard  keeper;  appointment  of;  State  keeper; 
appointed  by  governor;  keeper  of  capitol,  when. — The  governor  is 
authorized  to  appoint  a  suitable  person  to  take  care  of  the  balances, 
weights  and  measures,  and  perform  the  duties  relating  to  weights 
and  measures  heretofore  imposed  on  the  governor,  and  such  other 
duties  as  the  governor  may  prescribe,  touching  said  balances  and 
weights  and  measures;  and  he  shall  take  from  such  person  a  bond 
with  surety,  to  be  approved  by  the  governor,  in  the  penal  sum  of 
five  hundred  dollars,  for  the  safe  keeping  of  said  weights  and  meas- 
ures and  for  the  performance  of  all  his  duties.  And  in  case  the 
governor  fails  to  appoint,  or  the  person  appointed  fails  to  qualify 


580  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

or  discharge  said  duties,  the  keeper  of  the  capitol  shall  be  ex  officio 
the  keeper  of  weights  and  measures,  and  discharge  the  duties  and 
receive  the  compensation  provided. 

Sec.  8066  (1881).  Duties  of.— It  shall  be  the  duty  of  the  keeper  of 
weights  and  measures,  under  the  direction  of  the  governor,  to  pro- 
cure  and  furnish,  at  prime  cost,  to  any  of  the  counties,  upon  an 
order  of  the  board  of  county  commissioners,  any  of  the  standard 
sealed  weights  and  measures  required  by  law  to  be  kept,  and  he  is 
hereby  authorized,  by  and  with  the  approval  of  the  governor,  to 
contract  for  the  manufacture  of  plain  sealed  weights  substantially 
made  of  iron,  steel,  or  brass,  as  the  county  ordering  may  direct; 
yard  stick  made  of  substantial  wood,  each  end  neatly  covered  with 
metal,  sealed,  marked  and  stamped  "  N.  C." ;  half  bushel,  peck,  half 
peck,  quarter  peck,  and  one-eighth  peck,  made  of  substantial,  well 
seasoned  wood,  with  secure  metallic  binding  and  casing;  gallon,  half 
gallon,  quart,  pint,  half  pint,  and  gill  measure,  made  of  light  sheet 
copper  with  iron  handles.  He  shall  procure  and  furnish  as  herein 
provided  to  the  board  of  commissioners  of  any  county  ordering  the 
same,  dry  and  liquid  sealed  measures  and  yard  stick  made  of  brass 
or  copper. 

Sec.  8067  (1866-67).  State  standard-keeper  to  supply  counties. — It 
shall  be  the  duty  of  the  State  standard-keeper  to  supply  to  each 
county  which  shall  call  for  the  same  such  standard  weights  as  the 
standard-keeper  of  such  county  shall  demand,  duly  sealed,  such 
county  paying  to  the  State  treasurer  the  actual  cost  of  such  weights, 
upon  the  certificate  of  the  State  standard-keeper. 

Sec.  8068.  Standard-keeper  to  keep  record. — It  shall  be  the  duty  of 
the  State  standard-keeper  to  keep  a  book,  in  which  he  shall  keep  an 
accurate  account  of  all  the  weights  and  measures  by  him  delivered, 
and  the  expenses  incurred  by  him  in  the  purchase  of  such  weights 
and  measures,  subject  to  the  inspection  of  the  State  treasurer  and 
the  general  assembly. 

Sec.  8069  (al827).  Appointment;  term;  oath;  bond. — The  weights 
and  measures,  stamps  and  brands  thus  provided  shall  be  kept  at  the 
courthouse  of  the  respective  counties  by  a  standard-keeper,  to  be 
elected  by  the  board  of  commissioners  for  the  term  of  two  years; 
the  person  thus  elected  shall,  before  the  board  of  county  commis- 
sioners, take  the  oath  required  for  public  officers  and  also  an  oath 
of  office,  and  shall  give  bond,  with  good  and  sufficient  surety,  pa^yable 
to  the  State  of  North  Carolina,  in  the  sum  of  two  hundred  dollars, 
conditioned  for  the  safe-keeping  of  weights  and  measures,  stamps 
and  brands  of  said  county,  and  for  the  faithful  performance  of  the 
duties  of  his  office. 

Sec.  8070.  Removal  of  standards. — The  standard-keeper  may  remove 
the  weights  and  measures,  stamps  and  brands  from  the  courthouse, 
not  to  exceed  sixty  days  in  any  one  year,  for  the  purpose  of  testing 
weights  and  measures  throughout  the  county. 

Sec.  8071,  as  amended  by  Laws,  1925,  ch.  299,  p.  559.  Examination  of 
weights  and  measures;  forfeit  for  neglect;  stamp  and  certificate  of  cor- 
rectness.— Every  person,  firm,  or  corporation  using  weights  and 
measures  of  any  and  every  kind  which  shall  be  used  in  buying  or 
selling  or  bartering,  or  for  hire,  or  in  fixing  or  determining  the 
amount  of  toll  or  charge  or  rate  for  any  service  shall  allow  or  permit 


NORTH   CAROLINA  581 

the  standard  keeper  of  the  county  to  try,  examine,  and  adjust  by 
the  standard,  at  least  once  every  year,  all  the  said  weights  and 
measures  of  any  and  every  kind  used  as  aforesaid,  and  every  person, 
firm,  or  corporation  who  shall  neglect  to  comply  with  the  require- 
ments of  this  section  shall  forfeit  and  pay  fifty  dollars,  to  be  re- 
covered at  the  suit  of  the  standard  keeper,  one-half  to  his  use  and  the 
other  half  to  the  use  of  the  county  wherein  the  default  occurs.  It 
shall  be  the  duty  of  the  standard-keeper,  when  practicable,  to  mark, 
by  stamp  or  brand,  the  weights  or  measures  found  or  made  to  agree 
with  the  standard,  and  shall  give  a  certificate  of  such  examination 
and  adjustment,  stating  the  weights  and  measures  examined  and  ad- 
justed. 

Sec.  8072  (1866-87).  Destruction  of  apparatus. — In  every  instance 
where  the  standard-keeper  shall  have  before  him  for  adjustment,  or 
shall  find  in  the  possession  of  any  person,  intending  to  use  the  same, 
any  weight  or  measure  that  cannot  be  adjusted  so  as  to  meet  the 
requirements  of  the  law,  it  shall  be  the  duty  of  the  standard-keeper 
to  destroy  the  same. 

Sec.  8073.  Local  office  abolished  in  certain  counties. — The  office  of 
county  standard-keeper  is  abolished  in  the  following  counties,  and 
in  these  counties  the  section  regulating  that  office  and  its  duties  do 
not  apply:  Ashe,  Beaufort,  Bertie,  Bladen,  Brunswick,  Camden, 
Cumberland,  Currituck,  Gaston,  Halifax,  Lincoln,  Montgomery, 
Moore,  Northampton,  Rutherford,  Swain,  Warren,  Yadkin,  Yancey. 

Sec.  8074  (al899).  What  is  a  surveyor's  chain;  tested. — The  standard 
measure  for  a  surveyor's  chain  shall  be  twenty-two  standard  yards,  a 
standard  half  or  two-pole  chain  shall  be  eleven  standard  yards,  a 
standard  quarter  or  one-pole  chain  shall  be  five  and  one-half  standard 
yards;  but  every  person  using  a  surveyor's  chain,  half-chain,  or  quar- 
ter-chain for  measuring  land  shall  every  two  years  test  the  same  in 
the  manner  hereinafter  provided. 

Sec.  8075  (1889).  Surveyor's  chain  tested. — If  any  person  who  shall 
use  any  chain  for  measuring  land  without  having  the  same  first 
measured  and  sealed  by  the  standard-keeper,  or  who  shall  use  the 
same  for  a  longer  period  than  two  years  without  bringing  it  to  the 
standard-keeper  and  having  the  same  measured  and  sealed  by  him, 
he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  exceeding  ten  dollars. 

Con.  Stats.,  1919,  Vol.  1,  ch.  71,  p.  1574. 

Sec.  3879  (al881).  Compensation  of  standard-keeper. — The  State 
standard-keeper  shall  be  allowed  such  compensation  for  his  services 
as  the  governor  shall  deem  adequate,  not  exceeding  one  hundred 
dollars  a  year. 

Sec.  3914  (al889).  Fees  of  standard-keepers. — Standard-keepers  shall 
be  entitled  to  receive  the  following  fees,  and  no  other,  namely :  For 
examining  and  adjusting  a  pair  of  steelyards,  twenty-five  cents; 
every  weight  of  half  a  pound  and  upwards,  five  cents;  every  set  of 
weights  below  half  a  pound,  including  one  piece  of  each  denomina- 
tion, five  cents ;  for  a  yard  stick,  or  other  measure  of  cloth,  five  cents ; 
every  bushel,  half  bushel,  peck  or  other  measure  used  in  measuring 
grain,  meal  or  salt,  ten  cents ;  each  measure  for  liquors  or  wines,  three 


582  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

cents,  and  for  extra  work  on  bushel  and  half -bushel  measures  a  sum 
not  exceeding  twenty-five  cents  in  any  one  case;  and  for  every  sur- 
veyor's chain,  fift}'  cents. 

Con.  Stats.,  1919,  Vol.  1,  ch.  56,  subch.  1,  p.  1156. 

Sec.  2674  (1879).  Power  to  establish  and  regulate  markets. — The 
board  of  commissioners  [of  municipal  corporations]  may  establish 
and  regulate  their  markets,  and  prescribe  at  what  place,  within  the 
corporation,  shall  be  sold  marketable  things;  in  what  manner, 
whether  by  weight  or  measure,  may  be  sold  grain,  meal  or  flour  (if 
flour  be  not  packed  in  barrels),  fodder,  hay,  or  oats  in  straw;  may 
erect  scales  for  the  purpose  of  weighing  the  same,  appoint  a  weigher, 
fix  his  fees,  and  direct  by  whom  they  shall  be  paid.  But  it  shall  not 
be  lawful  for  the  commissioners  or  other  authorities  of  any  town  to 
impose  any  tax  whatever  on  wagons  or  carts  selling  farm  products, 
garden  truck,  fish  and  oysters  on  the  public  streets  thereof. 

Con.  Stats.,  1919,  Vol.  1,  ch.  56,  subch.  2,  p.  1208. 

Sec.  2786  (1919).  Powers  applicable  to  all  cities  and  towns. — All  the 
provisions  of  this  article,  conferring  powers  upon  cities  and  towns, 
shall  apply  to  all  cities  and  towns,  whether  they  have  adopted  a  plan 
of  government  under  this  act  or  not.  And  the  powers  herein  granted 
are  in  addition  to  and  not  in  substitution  for  existing  powers  of  cities 
and  towns. 

Sec.  2787  (al919).  Corporate  powers. — In  addition  to  and  coordinate 
with  the  power  granted  to  cities  in  subchapter  1  of  this  chapter,  and 
any  acts  affecting  such  cities,  all  cities  shall  have  the  following 
powers : 

30.  To  require  any  or  all  articles  of  commerce  or  traffic  to  be 

gauged,  inspected,  measured,  Aveighed,  or  metered,  and  to  require 

every  merchant,  retail  trader  or  dealer  in  merchandise  or  property 

.  of  any  description  which  is  sold  by  weight  or  measure  to  have  such 

weights  and  measures  sealed  and  to  be  subject  to  inspection. 

Con.  Stats.,  1919,  Vol.  1,  ch.  24,  p.  552. 

Sec.  1297  (1868).  Powers  of  boards  of  county  commissioners. — The 
boards  of  commissioners  of  the  several  counties  have  power — 

38.  To  procure  for  each  county  sealed  weights  and  measures, 
according  to  the  standard  prescribed  by  Congress;  and  to  elect  a 
standard  keeper,  who  shall  qualify  before  the  board  and  give  bond 
approved  by  the  board,  as  prescribed  by  law. 

Con.  Stats.,  1919,  Vol.  1,  ch.  56,  Art.  10,  p.  1197. 

Sec.  2729  (1909).  Appointment  of  inspector  of  meters. — In  every  city 
or  town  in  the  State  of  North  Caixdina  where  is  furnished,  for  pay, 
electicity,  gas  or  water  by  meter  measure,  the  governing  body  of  the 
city  or  town  may  appoint  some  competent  person  to  act  as  inspector 
of  meters,  whose  duty  it  shall  be  to  inspect  and  test  such  meters  and 
to  carry  out  the  provisions  of  this  article  as  herein  provided. 

Sec.  2730.  Time  of  appointment;  compensation  of  inspector;  inspector 
to  qualify;  bond. — Such  appointment,  if  made,  shall  be  made  at  the 
first  meeting  in  May  of  each  year  of  such  governing  body,  subject 
to  the  power  of  such  city  or  town  authorities  to  remove  such  ap- 


NORTH  CAROLINA  583 

pointee  in  the  manner  provided  for  the  removal  of  its  other  ap- 
pointees and  to  fill  the  vacancy  caused  by  such  removal.  The  com- 
pensation of  such  inspector  shall  be  fixed  and  shall  be  paid  by  the 
city  or  town  so  appointing  him,  and  such  inspector  shall  upon  his 
appointment  take  oath  before  the  mayor  of  said  city  or  town  that  he 
will  faithfully  perform  the  duties  herein  imposed  upon  him,  and 
the  governing  body  of  the  city  or  town  may  require  the  inspector  to 
give  bond  in  such  sum  as  they  may  fix  for  the  faithful  discharge  of 
his  duties. 

Sec.  2731.  Apparatus  for  testing  meters. — Every  person,  firm,  cor- 
poration or  municipality  furnishing  for  pay  electricity,  gas  or 
water  by  meter  measure  in  any  city  or  town  having  appointed  an 
inspector  of  meters,  as  aforesaid,  shall  provide  and  keep  a  suitable 
and  proper  apparatus  for  testing  and  proving  the  accuracy  of  the 
meters  to  be  so  furnished  for  use,  by  which  apparatus  all  such 
meters  shall  be  tested  at  their  rated  capacity. 

Sec.  2732.  Meters  not  installed  before  inspection;  meters  now  in  use. — 
No  person,  firm,  corporation  or  municipality  furnishing  for  pay 
electricity,  gas  or  water  by  meter  measure  shall  hereafter  furnish, 
install  and  put  in  use  any  such  meter  in  any  city  or  town  having 
appointed  an  inspector  of  meters,  as  aforesaid,  until  such  meter 
shall  first  have  been  inspected  and  found  correct  by  such  inspector, 
and  it  shall  be  the  duty  of  such  inspector  to  test  the  same  upon  the 
written  request  of  such  proposed  furnisher.  No  meter  now  in 
service  shall  be  required  to  be  taken  out  for  test,  except  where  there 
is  doubt  as  to  its  accuracy  and  upon  the  written  request  of  the 
consumer,  as  herein  provided. 

Sec.  2733.  Inspection  of  meters  on  complaint  of  consumer;  deposit  for 
expense. — When  any  consumer,  by  meter,  of  electricity,  gas  or  water 
in  any  city  or  town  having  appointed  an  inspector  of  meters,  as 
aforesaid,  doubts  the  accuracy  of  such  meter  and  desires  to  have  the 
same  tested,  such  consumer  may  file  with  the  inspector  of  meters  a 
written  complaint  of  the  meter  and  request  that  the  same  be  tested, 
and  shall  at  the  same  time  deposit  with  the  furnisher  the  sum  of  one 
dollar  to  cover  the  expense  of  taking  out  and  replacing  such  meter, 
and  thereupon  it  shall  be  the  duty  of  such  inspector  as  soon  as  prac- 
ticable to  accurately  test  said  meter  in  the  presence  of  and  jointly 
with  the  authorized  agent  of  the  furnisher,  and  also  in  the  presence 
of  the  complainant,  if  he  so  desires,  and  shall  give  to  both  the  com- 
plainant and  to  the  furnisher  a  written  report  of  such  test  and  the 
result  thereof. 

Sec.  2734.  Repayment  or  forfeit  of  deposit. — If  upon  such  test  the 
meter  is  found  to  be  incorrect,  in  that  it  registers  more  than  two 
and  one-half  per  cent  too  fast ;  that  is,  more  than  two  and  one-half 
per  cent  more  electricity,  gas  or  water  than  it  should,  then  and  in 
that  event  the  furnisher  shall  return  to  the  complainant  the  one 
dollar  deposit  and  shall  promptly  [and]  properly  adjust  and  repair 
the  meter  or  furnish  a  correctly  adjusted  meter;  but  if  upon  such 
test  the  meter  shall  not  register  more  than  two  and  one-half  per 
cent  too  fast — that  is,  more  than  two  and  one-half  per  cent  more 
than  it  ought  to — the  one  dollar  deposit  shall  be  retained  by  the 
furnisher  to  cover  the  expense  of  taking  out  and  replacing  the 
meter. 


584  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  2735.  Adjustment  of  charges. — If  upon  such  test  the  meter  shall 
register  more  than  two  and  one-half  per  cent  too  fast,  as  above 
denned,  the  furnisher  shall  reimburse  the  complainant  at  the  rate 
at  which  the  meter  registers  too  fast  for  a  period  of  one  month 
back;  but  if  upon  such  test  the  meter  shall  be  found  to  be  incorrect, 
in  that  is  registers  more  than  two  and  one-half  per  cent  too  slow — 
that  is,  more  than  two  and  one-half  per  cent  less  electricity,  gas  or 
water  than  it  should — then  and  in  that  event  the  complainant  shall, 
in  addition  to  the  amount  already  charged  him,  pay  at  once 
to  the  furnisher  at  the  rate  at  which  the  meter  is  too  slow  for  a 
period  of  one  month  back,  and  the  furnisher  shall  have  the  same 
rights  for  collecting  such  additional  sum  as  is  provided  for  the  col- 
lecting of  the  past  due  and  unpaid  bills  for  electricity,  gas  or  water, 
as  the  case  may  be. 

Sec.  2738.  Standard  of  accuracy. — Any  such  meter  having  been 
tested  and  found  to  be  not  more  than  two  and  one-half  per  cent  too 
slow  nor  more  than  two  and  one-half  per  cent  too  fast,  as  above 
defined,  shall  be  considered  correct,  and  such  inspector  shall  so  mark 
or  stamp  such  meter  and  report  the  same  to  the  governing  body  of 
the  city  or  town. 

Sec.  2737.  Access  to  meters. — Nothing  in  this  article  shall  be  so  con- 
strued as  to  prevent  any  furnisher  of  electricity,  gas  or  water 
from  having  free  access  to  the  meters. 

Con.  Stats.,  1919,  Vol.  2,  ch.  84,  Art.  7,  p.  34. 

Sec.  4760.  Weight  or  measure  to  be  stated.—*  *  *  That  for  the 
purpose  of  this  article  an  article  shall  also  be  deemed  to  be  mis- 
branded  :     *     *     * 

In  the  case  of  food  :     *     *     * 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count  so  as  to  comply  with 
the  regulations  on  labeling  prescribed  by  the  board  of  agriculture, 
provided  for  by  section  4764  in  this  article.  The  board  of  agricul- 
ture is  hereby  authorized  to  establish  rules  and  regulations  per- 
mitting reasonable  variations  when  in  their  judgment  exactness  is 
impractical :  Provided,  That  the  provisions  of  this  paragraph  shall 
not  apply  to  articles  in  packages  or  containers  when  the  retail  price 
of  such  article  is  six  cents  or  less:  And,  provided,  further,  That  it 
shall  not  apply  to  products  on  hand  at  the  time  of  the  passage  of 
this  act  until  after  January  first,  one  thousand  nine  hundred  and 
sixteen. 

Con.  Stats.,  1919,  Vol.  2,  ch.  84,  Art.  9,  p.  42. 

Sec.  4781,  as  amended  by  Laws,  1921,  ch.  140,  p.  405.  Standard  grades 
and  packages  for  farm  and  horticultural  products. — The  purpose  of  this 
act  is  to  give  authority  to  investigate  marketing  conditions,  and  to 
establish  and  maintain  standard  grades  and  packages  and  State 
brands  for  farm  and  horticulture  crops  and  animal  products.  The 
term  "  farm  products  "  as  used  hereafter  in  this  act  shall  be  con- 
strued to  mean  any  or  all  of  the  crops  or  products  named  above  in 
this  section. 

Sec.  4782  (1919).  Execution  of  act. — The  board  of  agriculture  is 
charged  with  the  execution  of  the  provisions  of  this  article,    *    *    * 


NORTH   CAROLINA  585 

Sec.  4784.  Board  authorized  to  promulgate  standard  grades  and  pack- 
ages; Federal  regulations.' — After  investigation,  and  from  time  to 
time  as  may  be  practical  and  advisable,  the  board  shall  have  author- 
ity to  establish  and  promulgate  standards  of  opened  and  closed 
receptacles  for,  and  standards  for  the  grade  and  other  classification 
of  farm  products,  by  which  their  quantity,  quality,  and  value  may 
be  determined,  and  prescribe  and  promulgate  rules  and  regulations 
governing  the  marks,  brands,  and  labels  which  may  be  required  for 
receptacles  for  farm  products,  for  the  purpose  of  showing  the  name 
and  address  of  the  producer  or  packer;  the  quantity,  nature  and 
quality  of  the  product,  or  any  of  them,  and  for  the  purpose  of  pre- 
venting deception  in  reference  thereto,  and  for  the  purpose  of  estab- 
lishing a  State  brand  for  any  farm  product  produced  in  North 
Carolina:  Provided,  That  any  standard  for  any  farm  product  or 
receptacle  therefor,  or  any  requirement  for  marking  receptacles  for 
farm  products,  now  or  hereafter  established  under  authority  of  the 
Congress  of  the  United  States,  shall  forthwith,  as  far  as  applicable, 
be  established  or  prescribed  and  promulgated  as  the  official  standard 
or  requirement  in  this  State :  Provided,  That  no  standard  established 
or  requirement  for  marking  prescribed  under  this  article  shall  become 
effective  until  the  expiration  of  thirty  days  after  it  shall  have  been 
promulgated.. 

Sec.  4785.  Use  of  standard  containers  when  made  effective;  nonstand- 
ard packages  may  be  used,  when. — *  *  *  Whenever  any  standard 
for  an  open  or  closed  receptacle  for  a  farm  product  shall  be  made 
effective  under  this  article  no  person  shall  pack  for  sale  in  and 
deliver  in  a  receptacle,  or  sell  in  and  deliver  in  a  receptacle,  any 
such  farm  product  to  which  such  standard  is  applicable,  unless  the 
receptacle  conforms  to  the  standard,  subject  to  such  variations  there- 
from as  may  be  allowed  in  the  rules  and  regulations  made  under 
this  article,  or  unless  the  receptacle  be  of  a  capacity  twenty-five  per 
cent  less  than  the  capacity  of  the  minimum  standard  receptacle  for 
the  product:  Provided,  That  any  receptacle  for  such  farm  product 
of  a  capacity  within  twenty-five  per  cent  of,  or  larger  than,  the 
minimum  standard  receptacle  for  the  product  may  be  used  if  it 
be  specifically  described  as  not  a  standard  size,  or  be  conspicuously 
marked  with  the  phrase,  "  Not  standard  size,"  in  addition  to  any 
other  marking  which  may  be  prescribed  for  such  receptacles  under 
authority  given  by  this  article. 

Whenever  any  requirement  for  marking  a  receptacle  for  a  farm 
product  shall  have  been  made  effective"  under  this  article  no  person 
shall  sell  and  deliver  in  this  State  any  such  farm  product  in  a 
receptacle  to  which  such  requirement  is  applicable  unless  the  re- 
ceptacle be  marked  according  to  such  requirements. 

Laws,  1921,  ch.  170,  p.  453. 

Sec.  1.  Corn  meal. — It  shall  be  unlawful  for  any  person  or  persons 
to  pack  for  sale,  sell,  or  offer  for  sale  in  this  State  corn  meal  except 
in  packages  containing  one  pound,  two  pounds,  three  pounds,  five 
pounds,  ten  pounds,  twenty-five  pounds,  fifty  pounds,  or  one  hun- 
dred pounds,  or  multiple  of  one  hundred  pounds,  and  whether  the 
meal  is  bolted  or  unbolted  shall  be  stated  on  the  package. 

Sec.  2.  Hominy  or  grits. — That  it  shall  be  unlawful  for  any  person 
or  persons  to  pack  for  sale,  sell,  or  offer  for  sale  any  hominy  or  grits 


586  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

except  in  packages  of  one  pound,  one  and  one-half  pounds,  three 
pounds,  five  pounds,  ten  pounds,  fifty  pounds,  or  one  hundred 
pounds,  or  multiples  of  one  hundred  pounds. 

Sec.  3.  Flour;  sales  from  bulk.— It  shall  be  unlawful  for  any  person 
or  persons  to  pack  for  sale,  sell,  or  offer  for  sale  in  this  State  flour, 
except  in  packages  containing  six  pounds,  twelve  pounds,  twenty- 
four  pounds,  forty-eight  pounds,  ninety-eight  pounds,  or  one  hun- 
dred and  ninety-six  pounds  of  flour,  and  the  net  weight  of  all  grits, 
meal,  or  flour  shall  be  stated  on  the  package  of  such  meal,  flour,  or 
grits,  with  the  name  and  address  of  the  maker  or  jobber:  Provided, 
The  provisions  of  this  act  shall  not  apply  to  the  retailing  of  grits, 
meal,  or  flour  direct  to  customers  from  bulk,  when  the  same  is 
priced  and  delivered  by  actual  weight. 

Sec.  4.  Inspections  for  discovery  of  violations;  violation  certified  to 
solicitor. — The  board  of  agriculture  shall  cause  to  be  made  from  time 
to  time  such  inspections  as  may  be  necessary  to  determine  whether 
the  provisions  of  this  act  have  been  violated.  If  it  shall  appear 
from  such  inspection  that  any  provision  of  this  act  have  been  vio- 
lated, the  commissioner  of  agriculture  shall  certify  the  facts  to  the 
solicitor  in  the  district  in  which  the  violation  was  committed,  and 
furnish  that  officer  with  the  facts  in  the  case. 

Sec.  5.  Violation  of  act  misdemeanor;  seizure  and  sale  of  goods;  pro- 
ceeds to  use  of  department  of  agriculture ;  release  by  commissioner. — Any 
person  or  persons  violating  any  provision  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  fine  or  imprisonment  in  the  discretion  of  the  court, 
and  the  meal  or  flour  offered  for  sale  in  violation  of  this  act  shall 
be  subject  to  seizure,  condemnation,  and  sale  by  the  commissioner 
of  agriculture,  as  is  provided  for  the  seizure,  condemnation,  and  sale 
of  commercial  fertilizers;  and  the  proceeds  thereof,  if  sold,  less  the 
legal  cost  and  charges,  shall  be  paid  into  the  treasury  for  the  use  of 
the  department  of  agriculture  in  executing  the  provisions  of  this 
act :  Provided,  That  the  commissioner  of  agriculture  may  in  his  dis- 
cretion order  the  release  of  the  grits,  meal,  or  flour  seized  when  the 
owner  of  same  shall  offer  to  pack  it  in  accordance  with  the  provi- 
sions of  this  act,  and  it  shall  appear  to  the  satisfaction  of  the  com- 
missioner that  said  owner  did  not  intend  to  ..violate  the  provisions 
of  the  law. 

Sec.  6.  Meal  and  flour  on  hand. — The  provisions  of  this  act  shall  not 
apply  to  meal  or  flour  on  hand  at  the  time  of  the  passage  of  this 
act. 

Con.  Stats.,  1919,  Vol.  1,  ch.  67,  Art.  11,  p.  1451. 

Sec.  3529  (1913).  Carload  shipments  of  watermelons  regulated;  viola- 
tion of  regulations  misdemeanor. — It  shall  be  the  duty  of  all  common 
carriers  to  furnish  the  weights  of  all  carload  shipments  of  water- 
melons originating  within  the  State  to  the  shippers  thereof  within 
forty-eight  hours  after  receipt  of  the  same.  Any  common  carrier 
violating  the  provisions  of  this  section  shall  upon  conviction  be  fined 
ten  dollars  for  each  offense. 

Con.  Stats.,  1919,  Vol.  2,  ch.  91,  p.  119. 

Sec.  5076  (1784).  Shingles,  of  what  size. — Shingles  shall  not  be  less 
than  eighteen  inches  long,  four  inches  broad,  and  five-eighths  of  an 


NORTH   CAROLINA  587 

inch  thick;  should  they  be  larger  they  shall  not  for  that  reason  be 
considered  unmerchantable. 

Sec.  5077.  Merchantable  planks  and  boards. — Boards  of  plank  shall 
be  deemed  merchantable,  and  passed  by  any  inspector,  that  are  free 
from  splits  not  more  than  twelve  inches  long,  have  no  edge  less 
than  half  an  inch  thick,  and  as  near  as  may  be  of  an  equal  thickness 
at  each  end;  and  every  board,  plank,  piece  of  scantling  or  other 
square  timber,  being  marked  with  the  number  of  more  superficial 
feet  than  are  contained  therein  shall  be  forfeited  to  the  county  for 
the  use  of  the  poor :  Provided,  No  shingles,  board,  plank,  or  scantling 
shall  be  inspected  unless  required  by  the  purchaser. 

Sec.  5079°.  Sawmill  lumber  and  tun  timber,  how  measured. — All  tun 
and  square  timber  and  sawmill  lumber  at  the  several  markets  and 
mills  in  the  State  shall  be  measured  by  superficial  or  board  measure ; 
and  any  person  who  shall  sell  such  timber  by  any  other  measure 
shall  pay  ten  dollars  for  every  offense. 

Sec.  5081  (al889).  Sale  of  firewood  in  towns  to  be  by  cord. — All  fire- 
wood sold  in  incorporated  towns  shall  be  sold  by  the  cord  and  not 
otherwise ;  and  each  cord  shall  contain  eight  feet  in  length,  four  feet 
in  height  and  four  feet  in  breadth ;  and  shall  be  corded  by  the  seller, 
under  the  penalty  of  two  dollars  for  each  offense,  to  the  use  of  the 
informer. 

Sec.  5082  (1915).  Gas  and  electric  light  bills  to  show  reading  of 
meter. — It  shall  be  the  duty  of  all  gas  companies  and  electric  light 
companies  selling  gas  and  electricity  to  the  public  to  show,  among 
other  things,  on  all  statements  or  bills  rendered  to  consumers,  the 
reading  of  the  meter  at  the  end  of  the  preceding  month,  and  the 
reading  of  the  meter  at  the  end  of  the  current  month,  and  the  amount 
of  electricity,  in  kilowatt  hours,  and  of  gas,  in  feet,  consumed  for  the 
current  month. 

Any  gas  or  electric  light  company  failing  to  render  bills  or  state- 
ments, as  provided  for  in  this  section,  shall  be  subject  to  a  penalty  of 
ten  dollars  for  each  violation  of  this  section  or  failure  to  render  such 
statements,  recoverable  before  a  justice  of  the  peace  by  any  person 
suing  for  the  same ;_  but  this  section  shall  not  apply  to  bills  and 
accounts  rendered  customers  on  flat  rate  contracts. 

Sec.  5085  (1874-75).  Cotton,  weighing  of. — If  any  weigher  or  pur- 
chaser of  cotton  shall  make  any  deduction  from  the  weight  of  any 
bag,  bale,  or  package  of  lint  cjotton,  for  or  on  account  of  the  draft, 
turn,  or  break  of  the  scales,  steelyards,  or  other  implement  used  in 
weighing  the  same,  or  for  any  other  cause  except  as  herein  allowed, 
the  person  so  offending  shall  be  guilty  of  a  misdemeanor,  and  fined 
three  hundred  dollars  or  imprisoned,  in  the  discretion  of  the  court: 
Provided,  That  the  weigher  may  make  such  proper  deduction  as 
shall  be  agreed  on  by  him  and  the  seller,  or  his  agent,  for  water, 
dirt,  or  other  foreign  substance  in  or  on  such  bag,  bale,  or  package  of 
cotton,  or  for  other  just  cause. 

Sec.  5086.  Cotton  weigher  failing  to  file  oath  a  misdemeanor. — Every 
public  weigher  of  cotton  shall,  before  entering  on  the  duties  of  his 
office,  make  and  subscribe  the  oath  prescribed  for  cotton  weighers, 
which,  when  made,  shall  be  filed  in  the  office  of  the  register  of  deeds 
for  the  county  in  which  the  person  acts  as  weigher,  and  said  register 
shall  make  a  note  of  the  same,  and  any  person  acting  as  weigher 
without  making  and  filing  the  oath  shall  be  guilty  of  a  misdemeanor, 


588  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

and  shall  be  fined  twenty-five  dollars  for  every  bag,  bale,  or  package 
of  cotton  which  he  shall  have  unlawfully  weighed  before  being 
qualified  to  do  so. 

Sec.  5096  (1856-57).  Cotton  sold  in  Wilmington  to  be  weighed;  who 
to  weigh ;  board  of  county  commissioners  fix  fee. — All  cotton  sold  in  the 
town  of  Wilmington  shall  be  weighed,  under  the  penalty  of  one  hun- 
dred dollars  for  any  bale  sold  without  being  weighed  by  the  proper 
officer.  This  not  to  apply  to  cotton  bought  elsewhere  and  brought 
to  Wilmington  for  export.  Cotton  shall  be  weighed  by  the  inspec- 
tors of  flour  and  provisions,  who  have  been  or  who  may  be,  from  time 
to  time,  appointed  by  the  board  of  county  commissioners  of  New 
Hanover.  The  board  of  county  commissioners  of  said  county  shall, 
from  time  to  time,  fix  the  fee,  not  to  exceed  ten  cents  per  bale,  for 
the  weighing  of  the  aforesaid  articles,  and  until  said  board  shall 
determine  said  fee,  the  inspector  shall  be  entitled  to  receive  the  fol- 
lowing fee  viz.,  for  every  bale  of  cotton  weighed,  ten  cents. 

Sec.  5125  (1885).  Weighing  tobacco. — All  leaf  tobacco  sold  upon  the 
floor  of  any  tobacco  warehouse  shall  first  be  weighed  by  some  reliable 
person,  who  shall  have  first  sworn  and  subscribed  to  the  following 
oath,  to  wit:  "I  do  solemnly  swear  (or  affirm)  that  I  will  correctly 
and  accurately  weigh  all  tobacco  offered  for  sale  at  the  warehouse  of 

,  and  correctly  test  and  keep  accurate  the  scales 

upon  which  the  tobacco  so  offered  for  sale  is  weighed."  Such  oath 
shall  be  filed  in  the  office  of  the  clerk  of  the  superior  court  of  the 
county  in  which  said  warehouse  is  situated. 

Con.  Stats.,  1919,  Vol.  1,  ch.  37,  p.  845. 

Sec.  1922  (al913).  Dimensions  of  oyster  measure. — All  oysters  meas- 
ured in  the  shell  shall  be  measured  in  a  circular  tub  with  straight 
sides  and  straight,  solid  bottom,  with  holes  in  the  bottom  not  more 
than  one-half  inch  in  diameter.  The  said  measure  shall  have  the 
following  dimensions:  A  bushel  tub  shall  measure  18  inches  from 
inside  to  inside  across  the  top,  16  inches  from  inside  to  inside  chimb 
to  the  bottom  and  21  inches  diagonal  from  inside  chimb  to  top.  All 
measures  found  in  the  possession  of  any  dealer  not  meeting  the  re- 
quirements of  this  section  shall  be  destroyed  by  said  fisheries  com- 
missioner, assistant  commissioner  or  inspector.  Any  person  using 
an  unlawful  measure  for  the  sale  or  purchase  of  oysters  shall  be 
guilty  of  a  misdemeanor. 

Sec.  1924  (1903).  Using  illegal  measures  for  oysters. — If  any  person 
shall  in  buying  or  selling  oysters  use  any  measure  other  than  that 
prescribed  by  law  for  the  measurement  of  oysters,  or  if  any  dealer 
in  oysters  shall  have  in  his  possession  any  measure  for  measuring 
oysters  other  than  that  prescribed  by  law,  he  shall  be  guilty  of  a 
misdemeanor  and  be  fined  not  exceeding  fifty  dollars  or  imprisoned 
not  exceeding  thirty  days. 

Sec.  1961  (1909).  Salt  fish  sold  by  weight;  marked  on  package. — All 
salt  fish  packed  for  market  shall  be  sold  at  their  net  weight,  which 
shall  be  marked  on  every  package ;  and  any  person  packing  or  offer- 
ing for  sale  salt  fish,  fraudulently  marking  the  net  weight  on  the 
package,  shall  for  each  offense  be  guilty  of  a  misdemeanor  and  fined 
not  more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days, 
or  both,  at  the  discretion  of  the  court. 


NORTH   CAROLINA  589 

Sec.  1962.  Salt  mullet;  special  marking. — Each  package  of  salt  mul- 
lets packed  ancTbfferecl  for  sale  shall  be  marked  or  stamped  "large," 
"medium"  or  "small,"  and  all  packages  containing  any  other  kind 
of  fish  shall  be  marked  plainly  the  name  of  the  fish  contained,  and 
any  person  who  shall  pack  as  principal  or  shall  have  the  same  done 
by  others  for  him  shall  be  deemed  the  packer  and  shall  stamp  his 
name  and  place  of  packing,  together  with  net  weight  and  size  of  fish, 
as  prescribed  in  this  section,  on  the  head  of  each  package  before 
offering  for  sale  or  shipment,  and  on  failure  to  pack  and  stamp  as 
herein  prescribed,  or  to  pack  or  stamp  said  package  falsely,  so  as 
to  misrepresent  the  weight  or  size  of  the  fish  in  said  package,  shall 
be  guilty  of  a  misdemeanor  and  fined  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offense,  and  may  be  imprisoned  at  the 
discretion  of  the  court,  not  to  exceed  thirty  days:  Provided,  This 
section  shall  not  apply  to  packages  containing  less  than  fifty  pounds 
net  fish :  Provided  further,  This  section  shall  not  apply  to  fishermen 
themselves,  but  shall  apply  only  to  merchants  and  others  who  may  be 
classed  as  packers  or  brokers,  within  the  proper  meaning  of  the  term. 

Sec.  1963  (1911).  Standard  measure  established  for  menhaden  fish  (fat- 
backs)  ;  use  of  other  standard  misdemeanor ;  punishment ;  proviso ;  sepa- 
rate offense. — For  the  purpose  of  uniformity  in  the  trade  of  manu- 
facturing fish  scrap  and  oil  in  the  State  of  North  Carolina,  there  is 
hereby  established  a  standard  measure  of  twenty-two  thousand  cubic 
inches  for  every  one  thousand  fish.  Any  person,  firm,  corporation 
or  syndicate  buying  or  selling  menhaden  fish  for  the  purpose  of 
manufacturing  within  the  borders  of  this  State,  who  shall  measure 
the  fish  by  any  other  standard  (more  or  less)  than  is  prescribed  in 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  more  than  fifty  dollars  or  imprisoned  not  to  ex- 
ceed thirty  daj^s.  Each  day  said  measure  is  unlawfully  used  shall 
constitute  a  separate  and  distinct  offense. 

Con.  Stats.,  1919,  Vol.  1,  ch.  52,  p.  1115. 

Sec.  2533  (al885).  Measures  kept,  toll  by  weight. — All  millers  shall 
keep  in  their  mills  the  following  measures,  namely,  a  half  bushel  and 
peck  of  full  measure,  and  also  proper  toll  dishes  for  each  measure; 
but  the  toll  allowed  by  law  may  be  taken  by  weight  or  measure  at 
the  option  of  the  miller  and  customer. 

Sec.  2534  (1848).  Mills,  false  toll  dishes.— If  any  owner,  by  himself 
or  servant,  keeping  any  mill,  shall  keep  any  false  toll  dishes,  he  shall 
be  guilty  of  a  misdemeanor. 

1  Con.  Stats.,  1919,  Vol.  2,  ch.  84,  p.  3. 

Sec.  4690  (al917).  Fertilizer;  net  weight. — All  persons,  companies, 
manufacturers,  dealers,  or  agents,  before  selling  or  offering  for  sale 
in  this  State  any  commercial  fertilizer  or  fertilizer  material,  shall 
brand  or  attach  to  each  bag,  barrel,  or  package  the  brand  name  of 
the  fertilizer,  the  weight  of  the  package,  the  name  and  address  of 
the  manufacturer,  *  *  *.  These  items  shall  be  branded  or 
printed  on  the  bag  or  package  in  the  following  order : 

1.  Weight  of  each  package  in  pounds. 

2.  Brand  name  or  trade-mark. 

7.  Name  and  address  of  the  manufacturer. 


590  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  4705.  Cotton-seed  meal;  weight  to  be  marked. — All  cotton-seed 
meal  offered  for  sale,  unless  sold  to  manufacturers  for  use  in  manu- 
facturing fertilizers,  or  feed,  shall  have  plainly  branded  on  the  bag 
containing  it,  or  on  the  tag  attached  thereto,  the  following  data: 

1.  Cotton-seed  meal  (with  brand  and  grade). 

2.  Weight  of  package.     *     *     * 

4.  Name  and  address  of  manufacturer. 

Sec.  4724  (1909).  Concentrated  commercial  feeding  stuffs. — Every  lot 
or  parcel  of  concentrated  commercial  feeding  stuff  sold,  offered  or 
exposed  for  sale  within  this  State  shall  have  affixed  thereto  or 
printed  thereon,  in  a  conspicuous  place  on  the  outside  thereof,  a 
legible  and  plainly  printed  statement  in  the  English  language  clearly 
and  truly  certifying  the  weight  of  the  package ;  the  name,  brand,  or 
trade-mark  under  which  the  article  is  sold;  the  name  and  address 
of  the  manufacturer,  jobber,  or  importer;     *     *     * 

Sec.  4725.  Weight  of  packages  prescribed. — All  concentrated  com- 
mercial feeding  stuffs  shall  be  in  standard-weight  bags  or  pack- 
ages of  twenty-five,  fifty,  seventy-five,  one  hundred,  one  hundred 
twenty-five,  one  hundred  fifty,  one  hundred  seventy-five,  and  two 
hundred  pounds. 


NORTH  DAKOTA 

Laws,  1923,  ch.  344,  p.  515. 

Sec.  1.  Inspector  of  weights  and  measures,  and  deputy  inspector; 
powers  and  duties. — The  sheriff  of  each  county  within  the  State  shall 
be  the  inspector  and  sealer  of  weights  and  measures.  He  shall  have 
power  to  appoint  a  deputy  to  perform  the  duties  hereinafter  pro- 
vided, who  must  be  a  person  qualified  by  experience  and  training 
to  intelligently  perform  the  same,  but  he  may  be  a  regular  deputy 
sheriff  provided  he  has  the  qualifications  above  described.  The 
deputy  shall  have  the  same  power  and  perform  the  same  duties 
under  this  article  as  the  inspector  and  sealer,  and  shall  take  and 
subscribe  the  oath  required  by  other  county  officers. 

Sec.  2.  Inspector  of  deputy,  powers  and  duties. — The  inspector  and 
sealer  or  his  deputy  shall  once  in  each  year,  test  all  weights  and 
measures,  scale  beams,  patent  balances,  steelyards  and  other  instru- 
ments used  in  weighing  or  measuring  any  commodity  sold  by 
weight  or  measure  in  his  county  by  the  duplicates  of  said  weights 
and  measures  as  hereinafter  provided :  Provided,  The  inspector  of 
weights  and  measures  or  his  deputy  may  test  wagon  scales  oftener 
than  once  each  year  if  he  has  reason  to  believe  that  the  same  are  not 
weighing  correctly.  He  shall  give  to  the  person  in  charge  of  such 
weights  or  measures  a  certificate  of  the  correction  thereof,  if  found 
to  be  correct,  and  if  found  to  be  incorrect,  he  shall  cause  the  same 
to  be  corrected,  if  he  can,  and  if  not  he  shall  mark  the  same  "  con- 
demned "  and  in  case  of  short  weights  or  measures  that  can  not  be 
corrected  he  shall  condemn,  confiscate  and  keep  the  same-  for  evi- 
dence. He  shall  keep  a  record  of  all  such  certificates  issued  by  him 
and  of  all  his  transactions  under  this  article,  and  shall  file  with 
the  county  auditor  during  the  month  of  December  of  each  year's 
statement  showing  the  date  of  examination  and  giving  the  names 
of  the  persons,  firms  or  corporations  whose  scales,  weights  and 
measures  have  been  by  him  examined,  and  setting  out  against  such 
names  an  enumeration  of  any  scales,  weights  or  measures  by  him  so 
condemned. 

Sec.  3.  Standard  of  weights  and  measures;  penalty  for  altering. — The 
standard  of  weights  and  measures  shall  be  the  standard  adopted  by 
the  Government  of  the  United  States,  and  any  person  who  knowingly 
uses  for  the  purpose  of  purchase  or  sale  or  keeps  for  public  use  a 
weight,  measure,  scale,  balance  or  beam,  which  does  not  conform  to 
the  standard  of  weights  and  measures  adopted  by  the  State,  or  who 
alters  a  weight,  measure,  scale,  balance  or  beam  after  it  has  been  ad- 
justed and  sealed  so  that  it  does  not  conform  to  such  standard  and 
fraudulently  makes  use  thereof,  shall  be  fined  for  each  offense  fifty 
dollars. 

Sec.  4.  County  standards. — The  board  of  county  commissioners  of 
each  county  shall  purchase  such  duplicates  of  weights  and  measures 

517—27 38  591 


592  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

enumerated  in  section  10  of  this  act,  as  are  deemed  necessary  for  the 
use  of  the  inspector  in  the  carrying  out  of  the  provisions  of  this 
article,  which  duplicates  shall  be  paid  for  by  the  county  and  be  de- 
livered to  the  inspector,  who  shall  be  responsible  to  the  county  under 
his  bond  as  sheriff  for  their  delivery  to  his  successor  in  office. 

Sec.  5.  Fees;  compensation  for  correcting  and  adjusting. — The  in- 
spector of  weights  and  measures  shall  demand  and  receive  for  the 
inspection  herein  provided  for,  and  the  furnishing  to  the  person 
whose  weights  and  measures  are  inspected,  a  certificate  of  such  in- 
spection, the  following  fees,  which  fees  shall  belong  to  the  inspector 
and  need  not  be  turned  over  to  the  county : 

For   inspecting  and  sealing   railroad  and   track  scales   of   capacity   of 

twenty  tons  and  upwards $3.00 

For  inspecting  and  sealing  dormant  scales,  each 2.00 

For  inspecting  and  sealing  movable  platform  scales 1.  00 

For  inspecting  and  sealing  beams  weighing  one  hundred  pounds  and 

upwards .  25 

For  inspecting  and  sealing  hopper  scales,  each 1.  50 

For  inspecting  and  sealing  counter  scales,  each .  25 

For  inspecting  and  sealing  every  patent  balance,  beam,  steelyard  or  other 

instrument  used  for  weighing  other  than  the  above  enumerated,  each .  25 

For  inspecting  and  sealing  any  two-bushel  or  one-bushel  measure .25 

For  inspecting  and  sealing  any  other  dry  measure,  each .  10 

For  inspecting  and  sealing  liquid  measures  of  a  capacity  of  five  gallons 

or  more,  each .  25 

For  inspecting  and  sealing  anything  less  than  one  gallon .  10 

For  inspecting   and   sealing  liquid  measures   of  less  than   five  gallons 

and  not  less  than  one  gallon .  15 

For  inspecting  and  sealing  any  board  or  cloth  measure,  each .  10 

When  the  inspector  or  his  deputy  shall  find  any  of  the  instruments 
or  articles  used  in  weighing  or  measuring  to  be  wrongly  adjusted, 
misconstructed,  out  of  repair,  or  in  any  other  condition  which  can  be 
remedied  by  him,  it  shall  be  his  duty  to  correct  such  scale  or  measure 
and  he  shall  collect  for  such  services  seventy-five  cents  per  hour  for 
the  actual  and  necessary  time  consumed  in  making  such  corrections 
and  just  compensation  for  any  material  used  in  such  correction. 

Sec.  6.  Using  false  weight  or  measure;  inspector  not  to  seal  incorrect 
weights  or  measures;  seizing  for  evidence. — If  any  person  knowingly 
uses  a  false  weight,  measure,  scale,  balance  or  beam  after  such  weight, 
measure,  scale,  balance  or  beam  has  been  adjusted  and  sealed  and 
alters  it  so  that  it  does  not  conform  to  the  public  standard  and 
fraudulently  makes  use  of  it,  he  shall  forfeit  for  each  offense  fifty 
dollars,  and  every  inspector  and  sealer'  who  has  reasonable  cause  to 
believe  that  a  weight,  measure,  balance  or  beam  has  been  altered 
since  it  was  last  adjusted  and  sealed  shall  enter  the  premises  in 
which  it  is  kept  or  used  and  shall  examine  the  same  and  if  found 
tampered  with,  shall  have  power  to  seal  them  in  such  a  manner  that 
they  can  not  be  used  until  such  disability  is  removed  and  such  scale, 
balance  or  beam  shall  be  kept  sealed  until  such  fine  is  paid.  The 
inspector  or  sealer  shall  in  no  case  seal  or  mark  as  correct  any 
weights,  measures  or  balances  which  do  not  conform  to  the  stand- 
ard. If  such  weights,  measures  or  balances  can  be  readily  adjusted 
as  heretofore  provided,  he  may  adjust  and  seal  them,  but  if  they 
can  not  by  him  be  adjusted  he  shall  affix  to  such  weights,  measure 
or  balance  a  notice  prohibiting  their  use  until  he  is  satisfied  that 
they  have  been  so  adjusted  as  to  conform  to  the  standard,  and  who- 


NORTH   DAKOTA  593 

ever  removes  said  notice  without  the  consent  of  the  officer  affixing 
the  same,  shall  for  each  offense  forfeit  a  sum  not  exceeding  fifty 
dollars.  The  sealer  or  deputy  sealer  of  weights  and  measures  may 
seize  without  warrant  such  weights,  measures  or  balances  as  may  be 
necessary  to  be  used  as  evidence  in  case  of  violation  of  the  law  relat- 
ing to  the  sealing  of  weights  and  measures,  such  weights,  measures 
or  balances  to  be  returned  to  the  owner  or  forfeited  as  the  court  may 
direct. 

Sec.  7.  Making  complaint  of  violation. — Any  person  believing  any 
dealer  is  violating  the  provisions  of  this  act  may  make  complaint, 
in  writing,  to  any  inspector  or  sealer  or  his  deputy  and  deposit 
with  him  five  dollars,  setting  forth  the  particular  facts  relating 
to  such  violation  and  that  he  has  reason  to  believe  that  the  same 
are  true.  Upon  such  complaint  such  sealer  or  his  deputy  shall 
forthwith  test  the  scales,  weights  and  measures  respecting  the  mat- 
ter complained  of,  by  his  duplicates,  and  if  found  to  conform  thereto 
he  may  convert  the  five  dollars  so  deposited  to  his  own  use  as  his 
fee  for  such  services.  If  he  finds  that  any  of  the  matters  so  com- 
plained of  are  true  he  shall  return  the  five  dollars  to  the  complain- 
and  and  it  shall  be  his  duty  forthwith  to  arrest  the  person  in  charge 
of  such  scale,  and  take  him  before  a  justice  of  the  peace  in  the  county 
for  trial  and  upon  conviction  such  person,  whether  the  owner  or 
not,  shall  be  guilty  of  a  misdemeanor  and  punished  accordingly. 
In  all  such  cases  the  sealer  or  deputy  sealer  making  the  test  shall  make 
and  swear  to  the  complaint  and  shall  be  entitled  to  the  same  fees  as 
allowed  officers  making  an  arrest  upon  a  warrant,  besides  the  sum 
of  one  dollar  for  making  the  test. 

Sec.  8.  Obstructing'  or  misleading  an  inspector. — Any  person  who 
shall  willfully  obstruct  or  mislead  the  inspector  or  sealer  in  the  execu- 
tion of  his  duties  as  herein  provided,  shall  be  subject  to  conviction 
and  punishment  therefor  in  the  same  manner  as  is  now  provided  for 
the  conviction  and  punishment  of  persons  opposing  or  hindering  an 
officer,  ministerial,  judicial  or  executive,  under  the  laws  of  the  State, 
and  the  inspector  and  sealer  shall  have  full  power  and  authority  for 
the  various  purposes  named  to  examine  any  weights,  measures,  scales, 
balances  or  beams. 

Sec.  9.  Commissioner  of  agriculture  and  labor  responsible  for  standards 
and  other  property. — All  standards  of  weights  and  measures  and  all 
other  property,  apparatus  for  weighing  and  measuring  supplies, 
records  and  correspondence  now  in  the  possession  of  the  State  in- 
spector of  grades,  weights  and  measures,  as  provided  in  chapter  241 
of  the  Session  Laws  of  North  Dakota  for  the  year  1919,  shall  be 
transferred  to  the  commissioner  of  agriculture  and  labor  who  shall 
then  become  responsible  to  the  State  of  North  Dakota  for  the  proper 
use  and  care  of  the  same. 

Sec.  10.  Commissioner  of  agriculture  and  labor  to  keep  certain  stand- 
ards; use  of  such  standards;  record  of  county  standards  tested. — The 
commissioner  of  agriculture  and  labor  shall  procure  and  keep  in  his 
office  the  following  standards  of  weights  and  measures,  which  shall 
conform  in  every  particular  to  the  United  States  standards  of 
weights  and  measures:  One  bushel,  one-half  bushel,  one  peck,  one- 
half  peck,  one  quart,  one  wine  gallon,  one  wine  half  gallon,  one  wine 
quart,  one  wine  pint,  one  wine  gill.     Such  measures  shall  be  made  of 


594  LAWS   CONCEBNING   WEIGHTS  AND   MEASURES 

copper  or  other  suitable  and  substantial  material ;  also  one  surveyor's 
chain,  thirty-three  standard  feet  in  length,  one  yard  measure,  one 
foot  measure  and  one  inch  measure;  also  one  one-hundred-pound 
weight,  one  fifty-pound  weight,  one  twenty-five  pound  weight,  one 
ten-pound  weight,  one  one-pound  weight,  one  half-pound  weight,  one 
quarter-pound  weight,  one  one-eighth  or  a  pound,  one  one-sixteenth 
of  a  pound  or  one  ounce  weight,  one  set  of  apothecaries'  weights  from 
one  pound  to  one  grain,  one  set  of  troy  weights  from  one  pound  to 
one  grain;  besides  such  other  scales,  beams  and  balances  as  shall  be 
necessary  to  test  other  weights  by  these  standards;  which  measures, 
weights,  scales,  beams  and  balances  are  hereby  declared  to  be  the  legal 
standards  of  weights  and  measures  for  this  State.  Such  commis- 
sioner of  agriculture  and  labor  shall  be  charged  with  the  custody  and 
be  accountable  to  the  State  for  the  proper  use  and  care  of  the  same. 
Such  standards  shall  be  used  only  for  testing  the  standards  provided 
for  in  this  article,  and  such  commissioner  of  agriculture  and  labor 
shall  keep  a  record  of  all  county  weights,  measures,  beams  and 
balances  marked  and  tested  by  him. 

Sec.  11.  Repeal.— That  sections  2999,  3000,  3003,  3004,  3005  of  the 
Compiled  Laws  of  North  Dakota  for  the  year  1913,  and  chapter  241 
of  the  Session  Laws  of  1919,  and  all  acts  and  parts  of  acts  in  conflict 
herewith  are  hereby  repealed. 

Laws,  1919,  ch.  239,  p.  483. 

Sec.  1.  Dry  measure. — The  standard  measure  of  capacity  for  com- 
modities sold  by  dry  measure,  shall  be  the  bushel  containing  2,150.42 
cubic  inches.  The  half  bushel,  peck,  half  peck,  quarter  peck,  quart 
and  pint  shall  be  derived  by  successively  dividing  that  measure  by 
two. 

Sec.  2.  Liquid  measure. — The  standard  measure  of  capacity  for 
liquids  shall  be  wine  gallon,  containing  231  cubic  inches;  and  31.50 
gallons  shall  constitute  a  barrel,  and  63  gallons  a  hogshead. 

Sec.  3.  Lineal  measure. — The  standard  measure  of  length,  from 
which  all  other  measures  of  extension,  lineal,  superficial  or  solid, 
shall  be  derived,  is  the  yard,  of  3  feet,  or  36  inches. 

Sec.  4.  Hundredweight. — In  contracts  for  the  sale  of  goods  or  com- 
modities the  term  "  hundredweight "  shall  mean  100  pounds 
avoirdupois. 

Sec.  5.  Standard  weight  of  bushel,  etc. — In  contracts  for  the  sale  of 
any  of  the  following  articles,  the  term  "  bushel "  shall  mean  the 
number  of  pounds  avoirdupois  herein  stated : x 


Pounds 

Alfalfa 60 

Apples 50 

Apples,  dried 28 

Barley 48 

-Beans 60 

Beans,  broad  Windsor 47 

Beans,  Lima 55 

Beans,  whit  erunner  pole 50 

Beets 60 

Blue  grass  seed 14 

Bran 20 

Bromus  inermis 14 


Pounds 

Broom  corn  seed 30 

Buckwheat 42 

Corn,  in  the  ear 70 

Corn,  shelled 56 

Corn,  sweet 48 

Carrots 45 

Chestnuts 50 

Clover  seed GO 

Coal,  stone 80 

Cranberries 36 

Cucumbers 48 

Flaxseed 56 


1  A  sligbt  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


NORTH.  DAKOTA  595 


Pounds 


Pounds 


Plastering  hair,  washed 4 

Potatoes,  Irish 60 

Potatoes,  sweet 46 

Rapeseed 50 

Rhubarb 50 

Rutabagas 52 

Rye 56 

Salt 80 

Sorghum  seed 57 

Speltz 40 

Timothy  seed 45 

Turnips 60 

Tomatoes 50 

Walnuts 50 

Wheat 60 


Hempseed 50 

Hickory  nuts 50 

Hungarian  grass  seed 48 

Lime 80 

Millet 50 

Oats 32 

Onions 52 

Onions,  bottom  sets 32 

Onions,  top  sets 28 

Orchard  grass  seed 14 

Parsnips 42 

Peaches,  dried 28 

Peanuts 22 

Pears 45 

Peas 60 

Plastering  hair,  unwashed 8 

Sec.  6.  Standard  measurement  of  wood. — In  all  contracts  for  sale  of 
wood  the  term  "cord  "  shall  mean  128  cubic  feet  of  wood,  in  four- 
foot  lengths ;  and  if  the  sale  is  of  "  sawed  wood,"  a  cord  shall  mean 
310  cubic  feet  when  ranked,  or  160  cubic  feet  when  thrown  irreg- 
ularly or  loosely  into  a  conveyance  for  delivery  to  the  purchaser; 
and  if  the  sale  is  of  "  sawed  and  split "  wood,  a  cord  shall  mean  120 
cubic  feet,  when  ranked,  and  175  cubic  feet  when  thrown  irregularly 
and  loosely  in  a  conveyance  for  delivery. 

Sec.  7.  Standard  weight  of  coal. — In  all  contracts  for  the  sale  of 
coal,  charcoal  and  ice  the  term  "  ton  "  shall  mean  2,000  pounds.  A 
sale  of  coal,  charcoal  and  ice,  except  by  weight  is  hereby  prohibited. 

Sec.  8.  Standard  weight  of  flour. — In  all  contracts  for  the  sale  of 
flour,  the  term  "  barrel  "  shall  mean  196  net  pounds  avoirdupois. 

Sec.  9.  Fractional  parts. — All  contracts  for  the  sale  of  a  fractional 
part  of  a  bushel,  barrel,  ton  or  cord  of  any  article  or  commodity 
on  which  the  legal  weight  or  measurement  per  bushel,  barrel,  ton, 
cord,  gallon  or  fractional  parts  has  been  established,  shall  require 
and  mean  a  like  fractional  part  of  the  legal  and  established  weight 
or  measurement  per  bushel,  barrel,  ton  or  cord. 

Sec.  10.  Penalty  for  violation. — Whoever  in  buying  shall  take  any 
greater  number  of  pounds  or  cubic  feet  to  the  bushel,  barrel,  ton, 
cord,  gallon  or  fractional  part,  as  the  case  may  be  and  as  herein 
allowed  and  provided,  or  in  selling  shall  give  any  less  number  shall 
be  guilt}'  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  less  than  ten  days  nor 
more  than  ninety  daj's  in  the  county  jail,  and  the  cost  of  such  pro- 
ceeding. 

Sec.  11.  Variation. — The  State  inspector  of  grades,  weights  and 
measures2  shall  establish  uniform  tolerance  or  reasonable  variances 
to  take  care  of  unavoidable  shrinkage  and  all  scale  variations  in 
handling  and  weighing  any  of  the  articles  mentioned  in  this  act. 

Sec.  12.  Repealing  clause. — Section  3006  of  the  Compiled  Laws  of 
North  Dakota  for  the  year  1913  and  all  other  acts  and  parts  of  acts 
in  conflict  with  the  provisions  of  this  act  are  hereby  repealed. 

'This  office  abolished  by  Laws,  3923,  ch.  344.  p.  515,  which  repealed  Taws  1919  eh 
241,  p.  487. 


596  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

laws,  1923,  ch.  222,  p.  289. 

Sec.  6.  Net  contents  to  be  marked  on  packages  containing  food. — That 
for  the  purposes  of  this  act  an  article  shall  also  be  deemed  to  be 
misbranded :    *     *     * 

B.  In  the  case  of  food :     *     *     * 

Fourth.  If,  in  package  form,  the  name  of  the  article,  together 
with  the  quantity  of  the  contents  in  terms  of  weight,  measure  or 
numerical  count,  be  not  plainly  and  conspicuously  marked  on  the 
the  outside  of  the  package. 

Fifth.  If,  in  package  form,  the  package  be  not  filled  with  the 
food  it  purports  to  contain,  irrespective  of  whether  the  quantity  of 
the  contents  be  plainly  and  conspicuously  marked  on  the  out- 
side of  the  package  in  terms  of  weight,  measure  or  numerical 
count.     *     *     * 

Sec.  7.  lard,  how  sold. — Every  lot  of  lard,  or  of  lard  compounds, 
or  of  lard  substitutes,  unless  sold  in  bulk,  shall  be  sold  in  pails  or 
other  containers  holding  one,  three  or  five  pounds  net  weight,  or 
some  whole  multiple  of  these  numbers  and  not  any  fractions  thereof. 

Sec.  8.  Bread,  how  sold. — It  shall  be  unlawful  for  any  person  to 
sell,  offer  or  expose  for  sale  or  to  have  with  intent  to  sell  or  trans- 
port any  bread,  the  loaf  of  which  is  not  one  of  the  following 
weights:  Sixteen  ounces;  twenty-four  ounces  avoirdupois  or  any 
whole  multiple  of  sixteen  ounces  avoirdupois.  The  weights  shall 
apply  alike  to  each  unit  of  twin  or  multiple  loaves.  Any  loaf  shall 
be  of  the  required  weight  at  any  period  from  the  time  of  baking 
until  twelve  hours  thereafter.  The  above  required  weight  standards 
shall  apply  alike  to  wheat  bread,  white  bread,  milk  bread,  rye  bread, 
raisin  bread,  currant  bread,  brown  bread,  graham  or  whole  wheat 
bread  and  other  similar  kinds  of  farinaceous  substances  baked  in 
loaves  and  known  and  designated  by  the  trade  as  bread.  The  aver- 
age weight  of  loaves  shall  be  as  often  above  as  below  any  permis- 
sible weights:  Provided,  That  the  weight  standards  defined  in  this 
section  shall  not  be  construed  to  apply  to  cake,  buns,  biscuits  and 
similar  small  unit  products. 

Sec.  9.  Special  weights  and  sizes. — It  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  manufacture,  sell  or  expose  for  sale, 
any  article  of  food  or  drug  in  any  package  or  container,  the  size  or 
shape  of  which  may  deceive  or  tend  to  deceive  the  purchaser  of  such 
product  as  to  the  contents  of  said  package  or  container,  and  that  for 
the  purpose  of  preventing  fraud  and  deception,  the  State  food  com- 
missioner and  chemist  shall  hereby  be  authorized  to  establish,  pub- 
lish and  enforce  rules  and  regulations  relative  to  the  size,  weight 
or  style  of  package  of  other  specific  food  or  drug  commodities  than 
those  specifically  named  in  section  7  and  section  8  of  this  act,  and 
such  rules  and  regulations  shall  have  the  force  and  effect  of  law. 

Comp.  Laws,  1913,  Vol.  1,  ch.  38,  p.  614. 

Sec.  3014  (1909).  Unlawful  to  buy  at  other  than  legal  weight;  dock- 
age.— It  shall  be  unlawful  for  any  person,  firm,  association,  copart- 
nership or  corporation  doing  business  in  the  State  to  purchase  or 
receive  any  wheat,  oats,  barley,  flax,  or  other  grains  at  a  different 
weight  for  the  bushel  measure  than  the  number  of  pounds  fixed  by 
the  laws  of  our  State,  and  no  dockage  shall  be  taken  or  received  on 


NORTH  DAKOTA  597 

same,  excepting  on  such  grains  as  the  grain  inspection  boards  for 
the  terminal  markets  of  the  States  of  Minnesota  and  Wisconsin 
place  a  dockage. 

Sec.  3015.  Penalty. — Any  person,  firm,  association,  copartnership  or 
corporation  found  guilty  of  violating  the  provisions  of  this  article 
shall  be  guilty  of  a  misdemeanor  and  be  fined  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

Sec.  3016  (al893).  Public  scales, — The  board  of  county  commission- 
ers of  any  county  is  authorized  in  its  discretion,  when  petitioned  by 
fifteen  or  more  residents  and  actual  farmers  of  the  county,  to  estab- 
lish and  locate  public  scales  at  suitable  railway  stations  in  its  county. 

Sec.  3017.  Care  and  capacity  of  scales. — Such  scales  shall  be  pur- 
chased by  the  county,  and  shall  be  under  cover,  and  of  not  less 
than  five  tons'  weighing  capacity,  and  shall  be  the  property  of  the 
county,  and  at  all  times  under  its  control  and  subject  to  removal 
when  the  county  commissioners  shall  so  require. 

Sec.  3018.  Appointment  of  weighmasters. — The  board  shall  also 
appoint  at  each  place  where  it  establishes  such  scales,  a  public  weigh  - 
master,  who  shall  have  the  custody  and  care  of  such  property,  and 
who  shall  give  a  bond  in  the  sum  of  five  hundred  dollars,  conditioned 
for  the  safe-keeping  of  the  same  and  for  the  faithful  and  impartial 
discharge  of  his  duties. 

Sec.  3019.  Weighmasters  to  keep  record. — Each  public  weighmaster 
shall  keep  a  stub  record  of  all  weighing,  which  record  and  the  re- 
ceipt of  such  weighmaster  shall  show  for  whom  property  was 
weighed,  and  shall,  with  such  receipt,  constitute  prima  facie  evidence 
of  the  facts  therein  contained. 

Sec.  3020.  Compensation. — Such  public  weighmasters  shall  receive 
such  compensation  and  shall  be  governed  by  such  rules  and  regula- 
tions as  may  be  adopted  by  the  board  of  county  commissioners,  and 
may  be  removed  at  any  time  by  such  board  for  cause. 

Comp.  Laws,  1913,  Vol.  2,  ch.  71,  p.  2296. 

Sec.  9983°.  False  weights  and  measures;  penalty. — If  any  person  with 
intent  to  defraud,  uses  a  false  balance,  weight  or  measure,  in  the 
weighing  or  measuring  of  anything  whatever  that  is  purchased,  sold, 
bartered,  shipped  or  delivered,  for  sale  or  barter,  or  that  is  pledged 
or  given  in  payment,  he  shall  be  punished  by  fine  not  exceeding  one 
hundred  dollars  nor  less  than  five  dollars,  or  by  imprisonment  in  a 
county  jail  not  more  than  thirty  days,  or  by  both  such  fine  and 
imprisonment,  and  shall  be  liable  to  the  injured  party  in  double 
the  amount  of  damages. 

Sec.  9984.  Retaining  same. — Every  person  who  retains  in  his  pos- 
session any  weight  or  measure,  knowing  it  to  be  false,  unless  it 
appears  beyond  a  reasonable  doubt  that  it  was  so  retained  without 
intent  to  use  it,  or  permits  it  to  be  used  in  violation  of  the  last  sec- 
tion, shall  be  punished  as  therein  provided. 

Sec.  9985.  Officer  may  seize  same. — Every  person  who  is  authorized 
or  enjoined  by  law  to  arrest  another  person  for  a  violation  of  sec- 
tions 9983  and  9984,  is  equally  authorized  and  enjoined  to  seize  any 
false  weights  or  measures  found  in  the  possession  of  the  person  so 
arrested,  and  to  deliver  the  same  to  the  magistrate  before  whom  the 
person  so  arrested  is  required  to  be  taken. 


598  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  9986.  May  be  tested  and  destroyed. — The  magistrate  to  whom 
any  weight  or  measures  is  delivered,  pursuant  to  the  last  section, 
shall,  upon  the  examination  of  the  accused,  or,  if  the  examination  is 
delayed  or  prevented,  without  awaiting  such  examination,  cause  the 
same  to  be  tested  by  comparison  with  standards  conformable  to  law; 
and  if  he  finds  it  to  be  false,  he  shall  cause  it  to  be  destroyed,  or  to 
be  delivered  to  the  State's  attorney  of  the  county  in  which  the  accused 
is  liable  to  prosecution  or  trial,  as  the  interests  of  justice  in  his 
judgment  may  require. 

Sec.  9987.  Duty  of  State's  attorney. — Upon  the  conviction  of  the 
accused,  such  State's  attorney  shall  cause  any  weight  or  measure  in 
respect  whereof  of  the  accused  stands  convicted,  and  which  remains 
in  the  possession  or  under  the  control  of  such  State's  attoimey,  to  be 
destroyed.  » 

Sec.  9988.  Stamping  false  weight  or  tare. — Every  person  who  know- 
ingly marks  or  stamps  false  or  short  weight  or  false  tare  on  any 
cask  or  package,  or  knowingly  sells  or  offers  for  sale  any  cask  or 
package  so  marked,  is  guilt}'  of  a  misdemeanor. 

Comp.  laws,  1913,  Vol.  1,  ch.  44,  p.  855. 

Sec.  3599  (al913).  General  powers  of  city  council;  to  provide  for  the 
place  and  manner  of  selling  commodities ;  regulate  selling  of  bread ;  regu- 
late inspecting,  weighing  and  measuring  of  certain  articles;  weights  and 
measures,  sealing  of,  etc. ;  vendors  to  use  correct  weights  and  measures. — 
The  city  council  shall  have  power : 

36.  To  provide  for  the  place  and  manner  of  sale  of  meats,  poultry, 
fish,  butter,  cheese,  lard,  vegetables  and  all  other  provisions,  and 
regulate  the  selling  of  the  same. 

37.  To  regulate  the  sale  of  bread  in  the  city  and  prescribe  the 
weight  and  quality  of  the  bread  in  the  loaf. 

39.  To  regulate  the  inspecting,  weighing  and  measuring  of  lumber, 
firewood,  coal,  hay  and  other  articles  of  merchandise,  to  establish  or 
purchase  one  or  more  city  scales,  and  to  require  dealers  in  hay,  coal, 
firewood  or  any  other  commodity  which  in  the  judgment  of  the 
city  council  should  be  weighed  upon  the  city  scales,  to  use  such 
scales  in  the  sale  of  such  commodity,  and  such  city  is  authorized  to 
charge  a  reasonable  fee  therefor. 

40.  To  provide  for  the  inspection  and  sealing  of  weights  and 
measures. 

41.  To  enforce  the  keeping  and  use  of  proper  weights  and  meas- 
ures by  vendors. 

70.  To  tax,  licence  and  regulate  auctioneers,  lumber  yards,  public 
scales,  money  changers  and  brokers. 

Comp.  Laws,  1913,  Vol.  1,  ch.  45,  p.  924. 

Sec.  3818  (al911).  General  powers  of  commissioners. — The  board  of 
city  commissioners  shall  have  power:     *     *     * 

30.  To  regulate  the  sale  of  bread  in  the  city  and  prescribe  the 
weight  and  quality  of  the  bread  in  the  loaf. 

32.  To  regulate  the  inspection,  weighing  and  measuring  of  lumber, 
firewood,  coal,  hay  and  any  articles  of  merchandise. 

33.  To  provide  for  the  inspection  and  sealing  of  weights  and 
measures. 


NORTH  DAKOTA  599 

34.  To  enforce  the  keeping  and  use  of  proper  weights  and  measures 
by  vendors. 

Comp.  Laws,  1913,  Vol.  1,  Art.  59,  p.  726. 

Sec.  3007°.  Ton  of  hay. — A  ton  of  hay  shall  consist  of  two  thousand 
pounds;  or  by  measurement,  three  hundred  and  forty-three  cubic  feet 
after  the  same  shall  have  been  stacked  thirty  days  or  such  time  as 
ma}'  be  agreed  upon  between  the  parties. 

Sec.  3008.  Perch  of  stone. — A  perch  of  mason  work  or  stone  shall 
consist  of  twenty-five  feet,  cubic  measure. 

Comp.  Laws,  1913,  Vol.  1,  ch.  14,  p.  1103. 

Sec.  4775  (1890).  Platform  scales. — Every  railroad  company  shall 
allow  suitable  scales  to  be  erected  either  upon  the  platform  or  upon 
the  grounds  adjacent  thereto,  if  upon  their  right  of  way,  for  weigh- 
ing and  shipping  purposes. 

Sec.  4776.  Penalty. — Every  railroad  company  neglecting  or  refus- 
ing to  comply  with  the  requirements  of  the  last  four  sections  shall 
be  deemed  guilty  of  a  misdemeanor  and  be  subject  to  a  fine  of  not 
less  than  five  hundred  dollars  for  every  thirty  days  such  failure  shall 
continue  after  notice  as  aforesaid. 

Laws,  1919,  ch.  192,  p.  358. 

Sec.  6.  Track  scales,  installation  of. — The  commissioners  [the  board 
of  railroad  commissioners  of  the  State]  shall  have  the  power  to  order 
and  require  the  installation  of  track  scales  by  common  carriers  at  all 
points  in  the  State  where  the  same  are  deemed  to  be  necessary  and 
to  enforce  reasonable  regulations  for  the  weighing  of  cars  and 
freight. 

Sec.  9. — (a)  The  commissioners  and  their  officers  and  employes 
shall  have  the  power  to  enter  upon  an}'  premises  occupied  by  any 
public  utility  for  the  purpose  of  making  examinations  and  tests  and 
exercising  any  of  the  powers  provided  for  in  this  act  and  to  set  out 
and  use  on  said  premises  any  weights  or  appliances  necessary  there- 
for, (b)  Any  consumer  or  user  of  any  produce  or  commodity  or 
service  of  a  public  utility  may  have  any  appliance  used  in  the  meas- 
urement thereof  tested  by  paying  the  fees  fixed  b}7  the  commissioners. 
The  commissioners  shall  establish  and  fix  reasonable  fees  to  be  paid 
for  testing  such  appliances,  (c)  The  commissioners  shall  have  the 
power  to  ascertain  and  fix  just  and  reasonable  standards,  classifica- 
tions, regulations,  practices,  measurements  or  services  to  be  fur- 
nished, imposed,  observed  and  followed  by  all  public  utilities;  to 
ascertain  and  fix  adequate  and  serviceable  standards  for  the  measure- 
ment, quantity,  quality,  pressure,  initial  voltage  or  other  condition 
pertaining  to  the  supply  of  the  product,  commodity  or  service  fur- 
nished or  rendered  by  any  such  public  utility;  to  prescribe  reasonable 
regulations  for  the  examination  and  testing  of  such  products,  com- 
modity or  service  and  for  the  measurement  thereof;  to  establish  rea- 
sonable rules,  regulations,  specifications  and  standards  to  secure  the 
accuracy  of  all  meters  and  appliances  for  measurements,  and  to  pro- 
vide for  the  examination  and  testing  of  any  and  all  such  appliances 
used  for  the  measurement  of  any  product,  commodity  or  service  of 
any  public  utility. 


600  LAWS  CONCERNING   WEIGHTS  AND  MEASURES 

Comp.  Laws,  1913,  Vol.  1,  ch.  38,  p.  614. 

Sec.  2853,  as  amended  by  Laws,  1915,  ch.  81,  p.  93.  Standard  milk  and 
cream  measures  and  tests. — The  State  standard  milk  measure,  or 
pipette,  shall  have  a  capacity  of  seventeen  and  six-tenths  cubic  centi- 
meters, and  the  standard  test  tubes  or  bottles  for  milk  shall  have  a 
capacity  of  two  cubic  centimeters  of  mercury  at  a  temperature  of 
sixty  degrees  Fahrenheit  between  "  zero,"  and  ten  on  the  graduated 
scale  on  the  neck  thereof.  Cream  shall  be  tested  by  weight  and  the 
standard  unit  for  testing  shall  be  eighteen  grams,  and  the  standard 
test  tubes  or  bottles  shall  have  a  capacity  for  ten  cubic  centimeters 
of  mercury  at  a  temperature  of  sixty  degrees  Fahrenheit  between 
"  zero,"  and  fifty  on  the  graduated  scale  on  the  neck  thereof,  and  it 
is  hereby  made  a  misdemeanor  to  use  any  means  of  determining  the 
amount  of  butterfat  in  milk  or  cream  other  than  the  Babcock  test, 
or  to  use  any  measures,  weights,  test  tubes  or  bottles,  other  than  those 
herein  described  to  test  the  value  of  milk  or  cream  or  the  products 
of  either  or  both,  or  to  determine  the  percentage  of  butterfat  con- 
tained therein.  Any  manufacturer,  merchant,  dealer  or  agent  in 
this  State  who  shall  offer  for  sale  or  sell  a  milk  pipette  or  measure, 
test  tube  or  bottle,  which  is  not  marked  or  graduated  as  herein  pro- 
vided shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  as  provided  by  law. 

Sec.  2890.  Fertilizers;  net  weight  to  be  shown. — Every  person  who 
shall  sell,  offer  or  expose  for  sale  in  this  State  any  commercial  fer- 
tilizer or  any  material  to  be  used  as  a  fertilizer,  the  selling  price  of 
which  exceeds  five  dollars  per  ton,  shall  stamp  on  or  affix  to  each 
package  of  such  fertilizer,  in  a  conspicuous  place  on  the  outside 
thereof,  a  plainly  printed  statement  which  shall  certify  as  follows: 

1.  The  number  of  net  pounds  of  fertilizer  in  the  package  sold  or 
offered  for  sale. 

2.  The  name,  brand  or  trade-mark  under  which  the  fertilizer  is 
sold. 

3.  The  name  and  address  of  the  manufacturer  of  the  fertilizer. 
Sec.  2911,  as  amended  by  Laws,  1921,  ch.  37,  p.  71.  Weight  to  be 

marked  on  packages  of  feeding  stuff. — Every  lot  or  parcel  of  any 
"  concentrated  commercial  feeding  stuff,"  as  defined  in  section  3 
[2913] ,  used  for  feeding  farm  live  stock,  sold,  offered  or  exposed  for 
sale  in  the  State,  shall  have  affixed  in  a  conspicuous  place  on  the  out- 
side thereof,  a  legible  and  plainly  written  statement,  clearly  and  truly 
certifying  the  number  of  net  pounds  contained  therein,  the  name, 
brand  or  trade-mark  under  which  the  article  is  sold,  the  name  and 
address  of  the  manufacturer  or  importer,     *     *     * 

Comp.  Laws,  1913,  Vol.  2,  ch.  51,  p.  2256. 

Sec.  9763°.  Omitting  to  mark  baled  hay. — Every  person  who,  in 
putting  up  or  pressing  any  bundle  of  hay  for  market,  omits  to  put 
the  number  of  pounds  in  each  bundle  or  bale  so  put  up,  for  which 
he  sells  or  offers  to  sell  it,  is  guilty  of  a  misdemeanor. 

Sec.  9764.  Fraudulently  increasing  weight. — Every  person  who,  in 
putting  up  in  any  bag,  bale,  box,  barrel  or  other  package,  any  hops, 
cotton,  hay  or  other  goods  usually  sold  in  bags,  bales,  barrels  or 
packages,  by  weight,  puts  in  or  conceals  therein  anything  whatever 
for  the  purpose  of  increasing  the  weight  of  such  bag,  bale,  box, 


NORTH  PAKOTA  601 

barrel  or  package,  is  punishable  by  a  fine  of  twenty-five  dollars  for 
each  offense. 

Comp.  Laws,  1913,  Vol.  2,  ch.  57,  p.  2268. 

Sec.  9345°.  Weighmaster  making  false  entry. — Every  weighmaster 
upon  any  canal  that  may  hereafter  be  constructed  and  owned  by  this 
State  and  every  clerk  of  such  weighmaster,  who  knowingly  makes  a 
false  entry  of  the  weight  of  any  boat  or  cargo  of  any  boat  navigating 
such  canal,  or  who  knowingly  makes  a  false  certificate  of  the  light 
weight  of  any  boat,  is  guilty  of  a  misdemeanor. 

Laws,  1915,  ch.  188,  p.  273. 

Sec.  13,  as  amended  by  Laws,  1917,  ch.  162,  p.  228.  Barrel  of  illuminat- 
ing oils,  gasoline  or  petroleum  products. — Each  and  every  inspector 
and  deputy  inspector  who  shall  inspect  any  consignment  of  illumi- 
nating oils  or  gasoline  or  petroleum  products  of  less  than  one  hun- 
dred degrees  Fahrenheit,  flash  test,  as  provided  in  this  article,  shall 
charge  the  consignor  or  consignee  of  such  goods  the  sum  of  three 
cents  for  testing  a  barrel  or  less  quantity.  Fifty  gallons  shall  con- 
stitute a  barrel     *     *     * 

Laws,  1919,  ch.  165,  p.  284. 

Sec.  10.  Inspector  ex  officio  sealer  of  weights  and  measures. — The 
State  coal  mine  inspector  is  hereby  made,  equally  with  the  State 
inspector  of  weights  and  measures,  ex  efficio  sealer  of  weights  and 
measures,  in  so  far  as  the  same  relates  to  coal  mines  and  coal  mining, 
and  as  such  is  empowered  to  test  and  compare  all  weights  and 
measures  used  in  weighing  and  measuring  coal  at  any  coal  mine, 
or  used  in  measuring  air  passages  or  other  openings  in  coal  mines, 
with  the  standards  of  weights  and  measures  kept  by  the  State 
inspector  of  weights  and  measures.  Upon  the  written  request  of 
any  coal  mine  owner  or  operator  or  ten  coal  miners  employed  at 
any  one  time,  it  shall  be  his  duty  to  test  and  prove  any  scale  or 
scales  at  such  mine  against  which  complaint  is  directed.  In  the 
event  that  any  test  made  by  said  coal  mine  inspector  shall  conflict 
with  any  test  made  by  any  State  sealer  of  weights  and  measures, 
then  the  test  by  said  State  coal  mine  inspector  shall  prevail. 

Sec.  11.  Standard  test  weights  to  be  furnished  to  inspector. — For  the 
purpose  of  carrying  out  the  provisions  of  this  act,  the  State  coal 
mine'  inspector  shall  be  furnished  by  the  State  with  such  sets  of 
standard  weights  suitable  for  testing  the  accuracy  of  track  scales, 
and  all  smaller  scales  at  mines,  as  may  in  the  judgment  of  the  State 
coal  mine  inspector  be  necessary;  said  test  weights  shall  remain  in 
the  custody  of  the  State  coal  mine  inspector  for  use  at  any  point 
within  the  State,  and  for  any  amounts  expended  by  him  for  the 
storage,  transportation  or  the  handling  of  the  same,  he  shall  be 
fully  reimbursed  upon  making  proper  entry  of  the  proper  items  in 
his  expense  voucher. 

Sec.  12.  Refusal  of  mine  operators  to  furnish  facilities  for  examina- 
tion.—If  any  owner,  lessor  or  operator  shall  refuse  to  permit  such 
inspection  or  to  furnish  the  necessary  facilities  for  making  such 
examination  and  inspection,  the  inspector  shall  file  his  affidavit 
setting  forth  his  refusal  with  the  judge  of  the  district  court  in  said 
county  in  which  said  mine  is  situated,  either  in  term  time  or  vaca- 


602  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

tion,  and  the  said  judge  shall  thereupon  issue  an  order  on  such  owner, 
operator  or  agent  so  refusing  as  aforesaid,  commanding  him  to  per- 
mit and  furnish  such  necessary  facilities  for  the  inspection  of  such 
coal  mine,  or  to  be  adjudged  to  stand  in  contempt  of  court  and 
punished  accordingly. 

Sec.  34.  Oath  of  weighman;  check  weighman. — The  weighman 
employed  at  any  mine  shall  subscribe  to  an  oath  of  affirmation  be- 
fore some  officer  authorized  to  administer  oaths,  to  do  justice  be- 
tween employer  and  employe,  and  to  truly  and  correctly  weigh 
the  output  of  coal  from  the  mines  as  herein  provided.  The  miners 
employed  by  or  engaged  in  working  for  any  mine  owner,  operator, 
lessee  of  any  mine  in  this  State  shall  have  the  privilege,  if  they 
desire,  of  employing  at  their  own  expense  a  check  weighman  who 
shall  have  like  equal  rights,  powers  and  privileges  in  the  weigh- 
ing of  coal  as  the  regular  weighman  and  be  subject  to  the  same 
oath  and  penalties  as  the  regular  weighman.  Said  oath  or  affirma- 
tion shall  be  kept  conspicuously  posted  in  the  weight  office  and 
any  weigher  of  coal  or  person  so  employed,  who  shall  knowingly 
violate  any  of  the  provisions  of  this  section,  or  any  owner,  operator 
or  agent  of  any  coal  mine  in  this  State  who  shall  forbid  or  hinder 
miners  employing  or  using  check  weighmen  as  herein  provided, 
or  who  shall  prevent  or  willfully  obstruct  any  such  check  weighman 
in  the  discharge  of  his  duty,  shall  be  deemed  guilty  of  an  offense 
against  this  act.  Whenever  the  State  coal  mine  inspector,  or  his 
deputy,  shall  be  satisfied  that  the  provisions  of  this  section  have 
been  wilfully  violated  it  shall  be  his  duty  to  forthwith  inform 
the  prosecuting  attorney  of  any  such  violation,  together  with  all 
the  facts  within  his  knowledge  and  the  prosecuting  attorney  shall 
thereupon  investigate  the  charges  so  preferred,  and  if  he  is  satisfied 
that  the  provisions  of  this  section  have  been  violated,  it  shall  be 
his  duty  to  prosecute  the  persons  guilty  thereof. 

Sec.  35.  Must  not  use  false  weights. — Any  person  or  persons  having 
or  using  any  scale  or  scales  for  the  purpose  of  weighing  the  output 
of  coal  at  mines  must  not  arrange  or  construct  them  so  that  fraud- 
ulent weighing  may  be  done  thereby,  and  must  not  knowingly 
resort  to  or  employ  any  means  whatsoever  by  reason  of  which 
such  coal  is  not  correctly  weighed  and  reported  in  accordance  with 
the  provisions  of  this  act. 


OHIO 

Gen.  Code,  1921,  Throckmorton,  ch.  32,  p.  1534. 

Sec.  6403  (al875).  Standards,  those  furnished  by  United  States  Gov- 
ernment; metric  system. — The  standard  weights  and  measures  fur- 
nished this  State  by  the  Secretary  of  the  Treasury  of  the  United 
States  under  a  resolution  of  Congress,  approved  June  14,  1836,  shall 
be  the  legal  standard  of  weights  and  measures  throughout  the  State. 
This  chapter  shall  not  prevent  the  use  of  the  weights  and  measures 
of  the  metric  system,  authorized  by  Congress  of  the  United  States, 
as  it  appears  in  the  Revised  Statutes  of  the  United  States. 

Sec.  6404°.  By  what  standard  contracts  construed. — Contracts  for 
work  to  be  done,  or  for  anything  to  be  sold  by  weight  or  measure, 
shall  be  construed  according  to  the  standards  hereby  adopted  as 
the  standards  of  this  State. 

Sec.  6405  (1861).  Yard,  the  standard  measure  of  length  and  surface. — 
The  unit  of  standard  measure  of  length  and  surface,  from  which 
all  other  measures  of  extension,  whether  lineal,  superficial  or  solid, 
shall  be  derived  and  ascertained,  is  the  standard  yard,  in  posses- 
sion of  the  Secretary  of  State,  and  furnished  by  the  Government 
of  the  United  States.  The  yard  shall  be  divided  into  three  equal 
parts,  called  feet,  and  each  foot  into  twelve  equal  parts,  called  inches. 
For  the  measure  of  cloths  and  other  commodities  commonly  sold 
by  the  yard,  it  may  be  divided  into  halves,  quarters,  eighths  and 
sixteenths. 

Sec.  6406°.  Contents  of  a  rod,  pole,  perch,  mile,  or  chain;  links. — The 
rod,  pole  or  perch  shall  contain  five  and  a  half  such  yards,  and 
the  mile,  one  thousand  seven  hundred  and  sixty  such  yards.  The 
chain  for  measuring  land  shall  be  twenty-two  yards  long,  and  be 
divided  into  one  hundred  equal  parts,  called  links. 

Sec.  6407°.  Acre.— The  acre  for  land  measure  shall  be  measured 
horizontally,  and  contain  ten  square  chains,  and  be  equivalent  in  area 
to  a  rectangle  sixteen  rods  in  length  and  ten  rods  in  breadth.  Six 
hundred  and  forty  acres  shall  be  contained  in  a  square  mile. 

Sec.  6408°.  Perch  of  mason  work  or  stone. — The  perch  of  mason  work 
or  stone  shall  consist  of  twenty-five  cubic  feet. 

Sec.  6409  (1869).  Cord  of  firewood  or  tanbark. — The  standard  meas- 
ure of  a  cord  of  firewood  or  tanbark  shall  be  one  hundred  and 
twenty-eight  cubic  feet,  well  stowed  and  packed. 

Sec.  6410°.  Standard  weights. — The  units  or  standards  of  weight 
from  which  all  other  weights  shall  be  derived  and  ascertained  shall 
be  the  standard  avoirdupois  and  troy  weights  furnished  this  State 
by  the  United  States  Government. 

Sec.  6411  (1861).  Pound  and  its  subdivisions;  ton. — The  avoirdupois 
pound,  which  bears  to  the  troy  pound  the  ratio  or  seven  thousand 
to  five  thousand  seven  hundred  and  sixty,  shall  be  divided  into  six- 
teen equal  parts  called  ounces.     The  hundredweight  except  of  pig- 

603 


604  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

iron  and  iron  ore,  shall  consist  of  one  hundred  avoirdupois  pounds, 
and  twenty  hundredweight  shall  constitute  a  ton.  The  troy  ounce 
shall  be  equal  to  the  twelfth  part  of  a  troy  pound. 

See.  6412°.  Gallon.— The  unit  or  standard  measure  of  capacity  for 
liquids,  from  which  all  other  measures  of  liquids  shall  be  derived 
and  ascertained,  shall  be  the  standard  gallon,  and  its  parts,  fur- 
nished this  State  by  the  Government  of  the  United  States. 

Sec.  6413  (al896).  Barrel  and  hogshead,  and  branding  thereof. — The 
barrel  shall  contain  thirty-one  and  one-half  gallons,  and  two  barrels 
shall  constitute  a  hogshead.  Barrels,1  for  the  purpose  of  containing 
apples,  potatoes,  onions  or  other  fruit,  produce  or  vegetables,  shalL 
be  made  of  staves  of  seasoned  timber,  twenty-eight  and  one-half 
inches  in  length  with  cut  heads  of  seventeen  and  one-eighth  inches 
in  diameter  and  shall  measure  at  the  bulge  not  less  than  sixty-six 
inches  in  circumference,  outside  measure.  Such  barrel  shall  be 
known  as  "  the  standard  barrel,"  and  on  the  outside  of  one  or  more 
of  the  staves  thereof  shall  be  stamped  or  branded  the  words  "  State 
of  Ohio,  standard,"  the  name  of  the  cooper  or  manufacturer  thereof 
and  the  name  of  the  city  or  town  nearest  to  which  the  cooper  shop 
or  place  of  business  of  such  manufacturer  is  located. 

See.  6414°.  Half  bushel.— The  unit  or  standard  measure  of  capacity 
for  substances  other  than  liquids,  from  which  all  other  measures  of 
such  substances  shall  be  derived  and  ascertained,  shall  be  the  stand- 
ard half-bushel  measure  furnished  this  State  by  the  Government  of 
the  United  States,  the  interior  diameter  of  which  is  thirteen  inches 
and  thirty-nine-fortieths  of  an  inch,  and  the  depth  is  seven  inches 
and  one-twenty-fourth  of  an  inch. 

Sec.  8415  (al913).  Dimensions  and  contents  of  measures  for  commodi- 
ties other  than  liquid. — The  peck,  half-peck,  quarter-peck,  quart  and 
pint  measures  for  measuring  commodities  other  than  liquids,  shall 
be  of  the  interior  dimensions  and  capacities  as  follows,  to  wit:  the 
peck  measure  shall  be  eleven  inches  in  interior  diameter,  five  and 
five-eighths  inches  in  interior  depth,  and  shall  contain  five  hundred 
thirty-seven  and  six-tenths  cubic  inches ;  the  half-peck  measure  shall 
be  eight  and  one-half  inches  in  interior  diameter,  four  and  three- 
quarter  inches  in  interior  depth,  and  shall  contain  two  hundred 
sixty-eight  and  eight-tenths  cubic  inches ;  the  quarter-peck  measures 
shall  be  six  and  five-eighths  inches  in  interior  diameter,  three  and 
seven-eighths  inches  in  interior  depth,  and  shall  contain  one  hundred 
thirty-four  and  four-tenths  cubic  inches;  the  quart  measure  shall  be 
five  and  five-sixteenths  inches  in  interior  diameter,  three  inches  in 
interior  depth,  and  shall  contain  sixty-seven  and  two-tenths  cubic 
inches ;  the  pint  measure  shall  be  four  and  one-half  inches  in  interior 
diameter,  fr\vo  and  nine-twenty-fifths  inches  in  interior  depth,  and 
shall  contain  thirty-three  and  six-tenths  cubic  inches. 

Sec.  6416  (1861).  Heaped  measures. — Articles  usually  sold  by  heaped 
measure  shall  be  heaped  in  a  conical  form  as  high  as  such  articles 
permit. 

Sec.  6417.  How  dry  commodities  measured. — Measures  for  measuring 
dry  commodities  not  usually  heaped  shall  be  struck  with  a  straight 
stick,  with  the  edges  rounded.  Commodities  other  than  liquids,  when 
sold  by  the  gallon  or  less,  shall  be  sold  by  the  dry  measure. 


>  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 


OHIO 


605 


Sec.  6418  (al913).  Standard  weight  of  bushel;  penalty. — A  bushel,  in 
avoirdupois  weight,  of  every  article  herein  mentioned  shall  be,  viz : 2 

Pounds 

Wheat 60 

Indian  corn,  in  the  ear 68 

Indian  corn,  shelled 56 

Corn  meal 48 

Popcorn,  in  the  ear 42 

Sweet  corn,  shelled 45 

Kaffir  corn 56 

Broom  corn 45 

Oats 32 


Rye 56 

Barley 48 

Buckwheat 50 

Irish  potatoes 60 

Sweet  potatoes 50 

Beans 60 

Peas 60 

Onions 56 

Onion  sets 28 

Tomatoes 56 

Turnips 60 

Parsnips 50 

Beets 56 


Pounds 

Carrots 50 

Hominy 60 

Malt 34 

Apples 48 

Dried  apples 24 

Peaches 48 

Dried  peaches 33 

Grapes 48 

Plums 50 

Clover  seed 60 

Timothv  seed 45 

Millet  seed 50 

H  ungarian  grass  seed 50 

Flax  seed 56 

Sorghum  seed 50 

Hempseed 44 

Domestic  walnuts 50 

Hickory  nuts 50 

Lime 70 

Coke 40 

Bituminous  coal 80 

Cannel  coal 70 


Unless  otherwise  agreed  to,  all  of  the  above  mentioned  articles 
shall  when  dealt  in  by  the  bushel,  be  bought  and  sold  upon  such 
actual  bulk  weight,  and  no  test  for  moisture  shall  be  used  to  change 
the  standards  herein  provided.  The  prosecuting  attorney  of  each 
county  shall  enforce  the  provisions  of  this  act.  Any  person,  firm, 
company,  corporation,  agent  or  employe  violating  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  misdemeanor,  and 
upon  conviction  shall  be  fined  not  more  than  one  hundred  dollars,  or 
imprisoned  in  the  county  jail  (if  a  company  or  corporation,  its  presi- 
dent) not  more  than  six  months,  or  both. 

Sec.  6419  (al875).  Bushel  for  measuring  stone  coal  and  lime. — The 
standard  bushel  of  stone  coal,  coke  and  unslacked  lime,  shall  con- 
tain twenty-six  hundred  and  eighty-eight  cubic  inches;  and  the 
measure  for  measuring  such  articles  shall  contain  two  bushels,  and 
be  of  the  following  interior  dimensions :  Twenty-four  inches  diameter 
at  the  top,  twenty  inches  at  the  bottom,  and  fourteen  and  one-tenth 
inches  deep. 

Sec.  6420  (al875).  When  coal  sold  by  weight;  when  by  measurement. — 
Sales  of  coal  shall  be  by  weight;  and  two  thousand  pounds  avoir- 
dupois shall  constitute  a  ton  thereof;  but  where  coal  can  not  be 
weighed,  it  may  be  sold  by  measurement. 

Sec.  6421  (1875).  Selling  coal  in  violation  of  provisions. — Whoever 
sells  stone  coal  in  violation  of  this  chapter  shall  be  liable  to  the 
person  to  whom  such  coal  is  sold  and  delivered  in  treble  damages. 
If  the  defendant  in  such  action  does  not  reside  in  the  county  where 
the  mine  is  located,  service  may  be  had  upon  him  by  leaving  a 
copy  of  the  summons  at  his  place  of  business.  A  judgment  recovered 
in  such  action  shall  be  a  lien  upon  all  property  of  such  defendant 
in  the  county  from  the  day  of  service.  This  section  shall  not  apply 
to  a  person  or  corporation  mining  or  selling  less  than  fifteen  thou- 
sand bushels  of  coal  annually. 


*  A  slight   change  has  been   made   in   the  arrangement   for  convenience  of   reference. 


606  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  6422  (1885).  Standard  of  measurement  for  bushel  of  charcoal. — 
The  standard  of  measurement  for  a  bushel  of  charcoal  shall  be 
twenty-seven  hundred  and  forty-eight  cubic  inches. 

Sec.  6422-1  (1919).  Climax  baskets  for  grapes  and  other  fruits  and 
vegetables,  standard  sizes  and  dimensions. — That  standards  for  Climax 
baskets  for  grapes  and  other  fruits  and  vegetables  shall  be  the  two- 
quart  basket,  four-quart  basket  and  twelve-quart  basket  respectively : 

(a)  The  standard  two-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions:  Length  of  bottom  piece,  nine  and  one-half  inches; 
width  of  bottom  piece,  three  and  one-half  inches ;  thickness  of  bottom 
piece,  three-eighths  of  an  inch;  height  of  basket,  three  and  seven- 
eighths  inches,  outside  measurement;  top  of  basket,  length  eleven 
inches  and  width  five  inches  outside  measurement.  Basket  to  have 
a  cover  of  five  by  eleven  inches,  when  a  cover  is  used. 

( 5 )  The  standard  four-quart  Climax  basket  shall  be  of  the  follow- 
ing dimensions :  Length  of  bottom  piece,  twelve  inches ;  width  of 
bottom  piece,  four  and  one-half  inches;  thickness  of  bottom  piece, 
three-eighths  of  an  inch ;  height  of  basket,  four  and  eleven-sixteenths 
inches,  outside  measurement;  top  of  basket,  length  fourteen  inches, 
width  six  and  one-fourth  inches,  outside  measurement.  Basket  to 
have  cover  six  and  one-fourth  inches  by  fourteen  inches,  when  cover 
is  used. 

(c)  The  standard  twelve-quart  Climax  basket  shall  be  of  the  fol- 
lowing dimensions:  Length  of  bottom  piece,  sixteen  inches;  width 
of  bottom  piece,  six  and  one-half  inches;  thickness  of  bottom  piece, 
seven-sixteenths  of  an  inch ;  height  of  basket,  seven  and  one-sixteenth 
inches,  outside  measurement ;  top  of  basket,  length  nineteen  inches, 
width  nine  inches,  outside  measurement.  Basket  to  have  cover  nine 
inches  by  nineteen  inches,  when  cover  is  used. 

Sec.  6422—2.  Standard  basket  for  small  fruits,  berries  and  vegetables, 
capacities  and  dimensions.— That  standard  basket  or  other  container 
for  small  fruits,  berries  and  vegetables  shall  be  of  the  following 
capacities:  namely,  dry  one-half  pint,  dry  pint,  dry  quart,  or  mul- 
tiples of  the  dry  quart. 

(a)  The  dry  half-pint  shall  contain  sixteen  and  eight-tenths  cubic 
inches. 

(b)  The  dry  pint  shall  contain  thirty-three  and  six-tenths  cubic 
inches. 

(c)  The  dry  quart  shall  contain  sixty-seven  and  two-tenths  cubic 
inches. 

The  dimensions  of  the  one-quart  box  used  in  the  sale  of  berries  or 
other  small  fruits  shall  be  as  follows:  Five  and  one-tenth  inches 
square  on  top,  four  and  three-tenths  inches  square  on  the  bottom 
and  three  inches  in  depth. 

Sec.  6422—3.  Standard  hampers  for  fruits  and  vegetables,  capacities 
and  dimensions. — -That  the  standard  hampers  for  fruits  and  vegetables 
shall  be  the  one  peck  hamper,  one-half  bushel  hamper,  one  bushel 
hamper  and  one  and  one-half  bushel  hamper  respectively. 

(a)  The  standard  one  peck  hamper  shall  contain  five  hundred 
thirty-seven  and  six-tenths  cubic  inches,  and  conform  to  the  follow- 
ing specifications :  The  inside  diameter  between  staves  at  upper  edge 
of  the  top  inside  hoop  shall  be  ten  and  three-eighths  inches;  the  inside 
diameter  of  the  bottom  shall  be  six  and  one-half  inches;  the  inside 


ohio  ,,  607 

length  of  the  staves  shall  be  nine  and  five-eighths  inches;  the  in- 
side top  hoop  shall  be  one-tenth  inch  thick  and  set  with  its  upper 
edge  even  with  the  upper  ends  of  the  staves ;  there  shall  be  ten  staves, 
each  not  less  than  one-tenth  inch  thick  and  ten  and  one-eighth  inches 
long ;  and  the  bottom  piece  shall  be  one-half  inch  thick. 

(&)  The  standard  one-half  bushel  hamper  shall  contain  one  thou- 
sand, seventy-five  and  twenty-one  one-hundredths  cubic  inches,  and 
conform  to  the  following  specifications :  The  inside  diameter  between 
staves  at  upper  edge  of  the  top  inside  hoop  shall  be  thirteen  inches ; 
the  inside  diameter  of  the  bottom  shall  be  eight  inches;  the  inside 
length  of  staves  shall  be  twelve  and  one-half  inches;  the  inside  top 
hoop  shall  be  one-ninth  of  an  inch  thick  and  set  with  its  upper  edge 
even  with  the  upper  ends  of  the  staves;  there  shall  be  ten  staves, 
each  not  less  than  one-tenth  of  an  inch  thick  and  thirteen  and  one- 
eighth  inches  long ;  and  the  bottom  piece  shall  be  five-eighths  of  an 
inch  thick. 

(c)  The  standard  one  bushel  hamper  shall  contain  two  thousand, 
one  hundred  fifty  and  forty-two  one-hundredths  cubic  inches,  and 
conform  to  the  following  specifications :  The  inside  diameter  between 
staves  at  upper  edge  of  the  top  inside  hoop  shall  be  fifteen  and  one- 
eighth  inches ;  the  inside  diameter  of  the  bottom  shall  be  nine  inches ; 
the  inside  length  of  the  staves  to  the  upper  edge  of  the  top  inside 
hoop  shall  be  nineteen  inches ;  the  inside  top  hoop  shall  be  one-eighth 
of  an  inch  thick  and  set  with  its  upper  edge  three-eighths  of  an 
inch  below  the  upper  ends  of  the  staves ;  there  shall  be  either  ten  or 
twelve  staves,  each  not  less  than  one-eighth  of  an  inch  thick  and 
twenty  inches  long ;  and  the  bottom  piece  shall  be  five-eighths  of  an 
inch  thick. 

(d)  The  standard  one  and  one-half  bushel  hamper  shall  contain 
three  thousand,  two  hundred  twenty-five  and  sixty-three  one-hun- 
dredths cubic  inches,  and  conform  to  either  of  the  following 
specifications : 

(1)  The  inside  diameter  between  staves  at  upper  edge  of  the  top 
inside  hoop  shall  be  sixteen  and  one- fourth  inches;  the  inside  diam- 
eter of  the  bottom  shall  be  nine  inches ;  the  inside  length  of  the  staves 
to  the  upper  edge  of  the  top  inside  hoop  shall  be  twenty-five '  and 
thirteen-sixteenths  inches ;  the  inside  top  hoop  shall  be  one-eighth  of 
an  inch  thick  and  set  with  its  upper  edge  three-eighths  of  an  inch 
below  the  upper  ends  of  the  staves;  there  shall  be  ten  staves,  each 
not  less  than  one-sixth  of  an  inch  thick  and  twenty-seven  inches 
long ;  and  the  bottom  piece  shall  be  five-eighths  of  an  inch  thick. 

(2)  The  inside  diameter  between  staves  at  upper  edge  of  the  top 
inside  hoop  shall  be  sixteen  and  three-fourths  inches;  the  inside 
diameter  or  the  bottom  shall  be  ten  inches ;  the  inside  length  of  the 
staves  to  the  upper  edge  of  the  top  inside  hoop  shall  be  twenty-three 
inches;  the  inside  top  hoop  shall  be  one-eighth  of  an  inch  thick  and 
set  with  its  upper  edge  three-eighths  of  an  inch  below  the  upper  ends 
of  the  staves ;  there  shall  be  ten  staves,  each  not  less  than  one-eighth 
of  an  inch  thick  and  twenty-four  inches  long,  and  the  bottom  piece 
shall  be  five-eighths  of  an  inch  thick. 

Sec.  6422-4.  Standard  round  stave  baskets  for  fruits  and  vegetables, 
capacities  and  dimensions. — That  the  standard  round  stave  baskets  for 
fruits  and  vegetables  shall  be  one-half  bushel  basket,  one  bushel 

517—27 39 


608  LAWS   CONCERNING  WEIGHTS   AND  MEASURES 

basket,  one  and  one-half  bushel  basket  and  two  bushel  basket  respec- 
tively. 

(a)  The  one-half  bushel  round  stave  basket  shall  contain  one 
thousand  seventy-five  and  twenty  one-hundredths  cubic  inches,  and 
conform  to  the  following  specifications:  The  inside  diameter  at  the 
upper  inner  edge  of  the  top  inside  hoop  shall  be  thirteen  and  one- 
half  inches;  the  average  inside  depth  shall  be  not  less  than  eight 
and  one-half  inches;  the  web  shall  consist  of  twenty  intersecting 
staves,  each  not  less  than  one-eighteenth  of  an  inch  thick  and  of 
such  length  that  they  will  form  the  sides  and  bottom  of  a  basket 
which  shall  contain  sixteen  quarts,  standard  dry  measure. 

(b)  The  one  bushel  round  stave  basket  shall  contain  two  thou- 
sand, one  hundred  fifty  and  forty-two  one-hundredths  cubic  inches, 
and  conform  to  the  following  specifications:  The  inside  diameter 
at  upper  inner  edges  of  the  top  inside  hoop  shall  be  seventeen  inches ; 
the  average  inside  depth  shall  be  not  less  than  ten  and  three-fourths 
inches;  the  web  shall  consist  of  twenty  intersecting  staves,  each  not 
less  than  one-eighteenth  of  an  inch  thick  and  of  such  length  that 
they  will  form  the  sides  and  bottom  of  a  basket  which  shall  con- 
tain thirty-two  quarts  standard  dry  measure. 

(c)  The  one  and  one-half  bushel  round  stave  basket  shall  contain 
three  thousand,  two  hundred  and  twenty-five  and  sixty-three  one-hun- 
dredths cubic  inches,  and  conform  to  the  following  specifications: 
The  inside  diameter  at  upper  inner  edge  of  the  top  inside  hoop 
shall  be  nineteen  inches;  the  average  inside  depth  shall  be  not  less 
than  twelve  and  three-fourths  inches;  the  web  shall  consist  of 
twenty-four  intersecting  staves,  each  not  less  than  one-sixteenth 
of  an  inch  thick  and  of  such  length  that  they  will  form  the  sides 
and  bottom  of  a  basket  which  shall  contain  forty-eight  quarts  stand- 
ard dry  measure. 

(d)  The  two  bushel  round  stave  basket  shall  contain  four  thou- 
sand, three  hundred,  and  eighty-four  one-hundredths  cubic  inches, 
and  conform  to  the  following  specifications :  The  inside  diameter  at 
upper  inner  edge  of  the  top  inside  hoop  shall  be  twenty  and  three- 
fourths  inches;  the  average  inside  depth  shall  be  not  less  than 
thirteen  and  three-fourths  inches;  the  web  shall  consist  of  twenty- 
four  intersecting  staves,  each  not  less  than  one-sixteenth  of  an  inch 
thick  and  of  such  length  that  they  will  form  the  sides  and  bottom  of 
a  basket  which  shall  contain  sixty-four  quarts,  standard  dry  measure. 

Sec.  6422-5.  Unlawful  to  ship  or  deliver  for  shipment  baskets  or 
hampers  in  violation  of  this  act;  how  filled;  penalty. — That  it  shall  be 
unlawful  to  ship  or  deliver  for  shipment  within  the  State  of  Ohio, 
Climax  baskets,  small  fruit  baskets,  hampers,  or  round  stave  bas- 
kets, for  fruits  or  vegetables,  either  filled  or  unfilled  or  parts  of 
such  Climax  baskets,  small  fruit  baskets,  hampers  or  round  stave 
baskets,  that  do  not  comply  with  this  act;  or  fruits  or  vegetables  in 
Climax  baskets,  small  fruit  baskets,  hampers  or  round  stave  bas- 
kets, that  at  the  time  of  such  shipment,  delivery  for  shipment,  or 
offer  for  sale,  are  not  filled  to  the  full  capacity  thereof,  stricken 
measure.  Any  individual,  partnership,  association  or  corporation, 
that  wilfully  violates  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by  a  fine 


ohio  609 

of  not  exceeding  $100.00  or  imprisonment  not  exceeding  sixty  days 
or  both. 

Sec.  6422-6.  Rules  and  regulations;  inspection  of  baskets  and  authority 
of  agents  in  connection  therewith. — That  the  secretary  of  agriculture 
is  authorized  to  prescribe  such  regulations  as  he  may  find  necessary 
for  carrying  into  effect  the  provisions  of  this  act,  and  to  cause  such 
examinations  and  tests  to  be  made  as  may  be  necessary  in  order  to 
determine  whether  Climax  baskets,  small  fruit  baskets,  hampers  and 
round  stave  baskets  or  parts  thereof  subject  to  this  act,  meet  its 
requirements.  For  said  purpose  the  authorized  officers  and  agents 
of  the  secretary  of  agriculture  may  visit  factories,  stock  rooms,  and 
other  places  of  business  where  such  hampers  or  baskets  or  parts 
thereof  are  manufactured  or  held  for  sale  or  shipment  or  offered  for 
sale,  may  enter  cars,  vessels,  other  vehicles  and  places  under  the  con- 
trol of  carriers  engaged  in  the  transportation  of  such  hampers  or 
baskets  or  parts  thereof,  and  may  take  samples  of  such  hampers  or 
baskets  or  parts,  the  cost  of  which  samples,  upon  request,  shall  be 
paid  to  the  person  entitled  thereto. 

Sec.  6422-7.  Enforcement  of  act;  rules  and  regualtions  prescribed  and 
tolerances  allowed  to  conform  to  United  States  requirements. — It  shall 
be  the  duty  of  the  secretary  of  agriculture  to  enforce  all  the  pro- 
visions of  this  act,  and  to  prescribe  such  rules  and  regulations  not 
otherwise  herein  provided,  as  he  may  deem  necessary,  for  the  efficient 
execution  of  the  provisions  of  the  same,  including  the  amount  of 
tolerance  necessary  in  the  enforcement  of  this  act,  because  of  the 
impossibility  of  perfect  scientific  exactitude  in  the  manufacture  of 
such  Climax  baskets,  small  fruit  baskets,  hampers  and  round  stave 
baskets ;  and  which  regulations  and  tolerances  shall  be  in  conformity 
with  those  from  time  to  time  promulgated  by  the  United  States  De- 
partment of  Agriculture. 

Sec.  6422-8.  Baskets  of  different  form  but  same  capacity  may  be  per- 
mitted, when. — The  secretary  of  agriculture  for  good  and  sufficient 
reasons  may  permit  the  use  of  Climax  baskets,  small  fruit  baskets, 
hampers  and  round  stave  baskets  of  a  different  form  from  the  baskets 
prescribed  in  this  act  but  of  the  same  capacity. 

Sec.  6422-9.  Dealer  shall  not  be  prosecuted  when  protected  by  guar- 
anty.— That  no  dealer  shall  be  prosecuted  under  the  provisions  of 
this  act  when  he  can  establish  a  guaranty  signed  by  the  manufac- 
turer, wholesaler,  jobber,  or  other  party  residing  within  the  United 
States  from  whom  such  Climax  basket,  baskets,  or  other  containers 
as  defined  in  this  act,  were  purchased,  to  the  effect  that  said  Climax 
basket,  baskets,  or  other  containers  are  correct  within  the  meaning 
of  this  act.  Said  guaranty,  to  afford  protection,  shall  contain  the 
name  and  address  of  the  party  or  parties  making  the  sale  of  Climax 
basket,  baskets,  or  other  containers,  hampers  or  round  stave  baskets, 
to  such  dealer,  and  in  such  case  said  guarantor  shall  be  amenable 
to  the  prosecutions,  fines  and  other  penalties  which  would  attach  in 
due  course  to  the  dealer  under  the  provisions  of  this  act. 

Gen.  Code,  1921,  Throckmorton,  ch.  11,  p.  1777. 

Sec.  7965  (al917).  State  sealer;  standards  shall  be  kept  at  Columbus 
and  comparisons  made  every  three  years;  copies  of  standards  shall  be 
procured  by  county  and  municipal  officials;  proving  and  sealing  weights 


610  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

and  measures. — The  secretary  of  agriculture  shall  be  State  sealer,  and 
shall  make,  promulgate  and  enforce  such  rules  and  regulations  as 
may  be  necessary  to  the  prompt  and  effective  enforcement  of  the 
weights  and  measures  laws  of  this  State.  The  standards  of  weights 
and  measures  adopted  by  the  State  shall  be  deposited  in  a  suitable 
voom  at  Columbus,  and  be  kept  in  suitable  cases,  to  be  opened  only 
for  the  purpose  of  comparing  them  with  such  standards  and  copies 
which  by  law  are  furnished  for  the  use  of  the  several  counties  or 
villages  unless  by  joint  resolution  of  the  general  assembly,  or  upon  a 
call  of  either  house  for  information,  or  by  order  of  the  governor  for 
scientific  purposes.  The  secretary  of  agriculture  shall,  upon  the 
passage  of  this  act,  and  once  every  three  years  thereafter,  require 
each  county  auditor  and  city  or  village  sealer,  in  this  State,  to  present 
all  standards  of  weights  and  measures  in  their  possession  to  him  for 
comparison  with  the  standards  adopted  by  the  State,  and  he  shall 
condemn  and  destroy  all  of  such  standards  as  do  not  conform  with 
the  standards  adopted  by  the  State.  Each  county  auditor  and  each 
city  and  village  sealer  shall  be  required  to  procure  copies  of  all  the 
original  standards  adopted  by  the  State  named  in  section  7966  of 
the  General  Code,  except  such  standards  now  in  their  possession  as 
the  secretary  of  agriculture  shall  find  to  conform  with  the  standards 
adopted  by  the  State.  It  shall  be  the  duty  of  the  secretary  of  agri- 
culture to  advise  and  assist  all  county,  city  and  village  sealers,  and 
generally  be  charged  with  the  enforcement  of  all  laws  relating  to 
weights  and  measures;  and  in  the  performance  of  such  duties  it 
[he]  may  use  the  services  of  any  person  employed  under  its  depart- 
ment. The  secretary  of  agriculture  or  any  person  employed  by  him 
for  that  purpose  may  try  and  prove  any  weights,  measures,  bal- 
ance and  any  other  weighing  or  measuring  device  or  [on]  request 
from  any  person,  and  when  the  same  are  found  or  made  to  conform 
to  the  State  standards  shall  cause  the  same  to  be  sealed  and  marked, 
as  provided  in  section  2616  of  the  General  Code. 

Sec.  7965-1.  When  weight  or  measure  condemned  and  confiscated. — 
The  secretary  of  agriculture  or  his  deputy,  or  any  other  duly  author- 
ized sealer  of  weights  and  measures  or  his  deputy,  may  inspect  and 
test  any  weight,  measure,  balance  or  other  weighing  or  measuring 
device,  wherever  the  same  is  used  or  maintained  for  use,  and  if  such 
weight,  measure,  balance  or  other  weighing  or  measuring  device  is 
found  to  be  false  or  fraudulent,  or  can  not  be  made  to  conform  to 
the  legal  standard  the  same  shall  be  condemned  and  confiscated  by 
the  said  sealer  or  deputy  sealer. 

Sec.  7965-2  (al917).  Approving  or  condemning  weights  or  measures 
upon  examination. — The  secretary  of  agriculture  or  any  duly  author- 
ized sealer  of  weights  and  measures  or  his  deputy,  shall  inspect  and 
test  any  weights  and  measures,  balances  and  weighing  or  measuring 
devices  having  a  device  for  indicating  or  registering  the  price  as  well 
as  the  weight  or  quantity  of  commodities  both  as  to  correctness  of 
weight  or  quantity  and  value  indicated  by  them,  the  secretary  or 
any  sealer  of  weights  and  measures  or  his  deputy  shall  seal  such 
weights  and  measures,  or  balances  and  weighing  and  measuring  de- 
vices as  shall  be  tested  and  found  correct,  and,  after  ten  days'  notice, 
in  writing,  to  the  owner  shall  condemn  or  seize  such  as  are  found  to 
be  incorrect,  and  shall  seal  such  weights  and  measures,  balances, 


OHIO  611 

weighing  and  measuring  devices  having  a  device  for  indicating  or 
registering  the  price  as  well  as  the  weight  or  quantity  of  commodities 
only  when  correct,  both  in  indications  of  weight  or  quantity  and 
value,  and  shall  condemn  or  seize  such  in  which  the  graduations  or 
indications  are  found  to  be  false  or  inaccurately  placed,  either  as  to 
weight  or  quantity  or  value. 

Sec.  7966  (1861).  Copies  of  standards  for  use  of  counties. — Copies  of 
the  original  standards  of  the  following  materials,  shall  be  procured 
by  the  State  sealer  for  the  use  of  each  county  in  this  State,  not  al- 
ready furnished,  in  pursuance  of  law,  and  be  delivered  by  him  to 
the  auditor  thereof:  One-half  bushel  measure,  of  one-eighth  inch 
copper,  with  brass  rim;  one  gallon  measure,  of  one-sixteenth  inch 
copper,  with  brass  rim  and  handle;  one-half  gallon,  one  quart,  one 
pint  and  one-half  pint  measure,  to  be  made  in  the  same  manner  and 
of  the  same  material ;  fifty,  twenty -five,  twenty,  ten,  five,  four,  three, 
two,  and  one  pound  weights,  avoirdupois,  to  be  made  of  castiron, 
turned,  polished,  and  trimmed;  and  one-half  pound,  one  quarter 
pound,  two  ounce,  one  ounce,  half  ounce,  and  quarter  ounce  weights, 
troy,  to  be  made  of  brass;  one  brass  yard  measure,  graduated  into 
feet,  inches  and  tenths. 

Sec.  7967.  Device  on  county  standards. — The  State  sealer  shall  cause 
to  be  impressed  on  each  of  the  copies,  so  to  be  delivered  to  the  coun- 
ties, the  letter  "O,"  and  such  other  device  for  each  county  as  he 
directs  before  its  deposit  in  the  county  auditor's  office.  Such  device 
shall  be  recorded  in  the  State  sealer's  office,  and  a  copy  thereof  fur- 
nished to  the  auditor  of  the  proper  county. 

Sec.  7968.  Like  copies  to  be  furnished  to  cities  and  villages. — The  State 
sealer  shall  furnish  like  copies  of  the  original  standards  to  the 
sealer  of  any  city  or  village  upon  application  therefor,  and  payment 
of  the  cost  thereof,  by  such  city  or  village. 

Sec.  7969.  Expenses. — The  State  sealer  shall  render  accounts  to  the 
auditor  of  State  of  all  moneys  by  him  paid  or  liabilities  incurred  in 
procuring  and  delivering  copies  of  the  standards  to  the  counties ;  and 
the  auditor  shall  audit  such  accounts  and  draw  his  warrants  on  the 
State  treasurer  for  the  amounts  he  finds  due,  which  must  be  paid  by 
the  treasurer  out  of  any  moneys  to  the  credit  of  the  general  revenue 
fund. 

Sec.  7970  (al891).  Inspection  of  gas  and  meters. — The  State  sealer 
of  weights  and  measures  shall  have  charge  of  all  the  apparatus  and 
property,  belonging  to  the  State,  intended  for  the  inspection  of 
illuminating  gas  and  gas  meters,  and  the  testing  of  the  registration 
of  meter-provers ;  he  shall  test  the  registration  of  all  meter-provers 
that  may  be  presented  to  him  for  that  purpose,  and  stamp  and  seal 
all  such  meter-provers,  so  tested,  that  are  found  correct.  For  testing 
the  registration  of  gas  meter-provers,  to  be  paid  by  the  persons 
requiring  such  service,  he  shall  be  allowed  the  sum  of  five  dollars 
for  each  meter-prover  tested. 

Gen.  Code,  1921,  Throckmorton,  ch.  3,  p.  733. 

Sec.  2615  (al910).  County  sealer. — By  virtue  of  his  office,  the 
county  auditor  shall  be  county  sealer  of  weights  and  measures  and 
shall  be  responsible  for  the  preservation  of  the  copies  of  the  original 
standards  delivered  to  his  office.  It  shall  be  the  duty  of  the  county 
auditor  to  see  that  all  State  laws  relating  to  weights  and  measures 


612  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

be  strictly  enforced  throughout  his  county  and  to  assist  generally  in 
the  prosecution  of  all  violations  of  such  laws. 

Sec.  2616  (al917).  Comparison  by  county  sealer;  stamp;  penalty,  juris- 
diction.— The  county  sealer  shall  compare  all  weights  and  measures, 
brought  to  him  for  that  purpose,  with  the  copies  of  standards  in  his 
possession.  When  they  are  made  to  confirm  [conform]  to  the  legal 
standards,  the  officer  comparing  them  shall  seal  and  mark  such 
weights  and  measures.  No  weight,  measure,  balance  or  other  weigh- 
ing or  measuring  device  shall  be  used  or  maintained  for  weighing  and 
measuring  in  this  State  unless  such  weight,  measure,  balance  or  other 
weighing  or  measuring  device  has  been  sealed  or  marked  by  the  secre- 
tary of  agriculture  or  any  employe  of  the  secretary  detailed  for  that 
purpose,  or  by  the  county  sealer  3  of  the  city  or  village  in  which  the 
same  is  used  or  maintained,  and  by  stamping  upon  each  the  letter  "O" 
and  the  last  two  figures  of  the  year  in  which  it  has  been  compared 
with  legal  standards,  adjusted  and  found  or  made  to  conform  to  said 
standards,  with  seals  so  provided  by  said  secretary  of  agriculture, 
for  that  purpose.  Whoever  violates  any  of  the  provisions  of  this 
section  shall  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  the  first  offense  and  for  each  subsequent  offense 
shall  be  fined  not  less  than  one  hundred  dollars,  nor  more  than  five 
hundred  dollars  and  imprisoned  for  not  more  than  ninety  days  or 
both.  A  justice  of  the  peace,  police  judge,  or  mayor  shall  have 
jurisdiction  in  such  cases  as  in  cases  of  violation  of  law  relating  to 
the  adulteration  of  food  and  drink  and  dairy  products. 

Sec.  2617  (1861).  County  sealer  shall  deliver  copies  to  successor. — 
When  a  county  sealer  resigns,  is  removed  from  office,  or  removes 
from  the  county,  he  shall  deliver  to  his  successor  in  office  the  stand- 
ards, beams,  weights,  and  measures  in  his  possession.  In  case  of  the 
death  of  a  county  sealer  his  representatives  shall,  in  like  manner, 
deliver  to  his  successor  in  office  such  beams,  weights,  and  measures. 

Sec.  2618.  Penalty  for  refusal. — In  case  of  neglect  or  refusal  to 
deliver  such  standards  entire  and  complete,  the  successor  in  office 
may  maintain  a  civil  action  against  the  person  so  refusing  or  neg- 
lecting, and  recover  double  the  value  of  such  standards  as  have  not 
been  delivered,  with  costs  of  suit,  which  shall  be  by  him  appropri- 
ated to  the  purchase  of  such  standards  as  are  required  in  his  office. 

Sec.  2619.  Surveyors'  chains,  and  testimony. — No  surveyor  shall  give 
evidence  in  a  cause  pending  in  any  of  the  courts  of  this  State,  or 
before  arbitrators,  in  any  of  the  courts  of  this  State,  or  before 
arbitrators,4  respecting  the  survey  or  admeasurement  of  any  lands, 
unless  such  survej^or  makes  oath,  if  required,  that  the  chain  or 
measure  used  by  him  was  conformable  to  the  standards  of  this  State. 

Sec.  2620.  Penalty  for  using  false  weights  and  measures. — If  any 
person  hereafter  uses  any  weights,  measures,  or  beams,  in  weighing 
or  measuring,  which  do  not  conform  to  the  standards  of  the  State, 
or  any  other  measures  established  by  law,  whereby  a  dealer  in,  pur- 
chaser, or  seller  of,  any  commodity  or  article  of  traffic  is  injured  or 
defrauded,  such  dealer,  purchaser,  or  seller,  may  maintain  a  civil 
action  against  the  offender,  and  if  judgment  is  rendered  him,  he 
shall  receive  double  damages  and  costs  of  suit. 

3  It  would  apppav  that  the  words  "  or  by  the  sealer  "  were  inadvertently  omitted  here 
when  this  section  wsis  revised  in  1917. 

*The  words  "in  any  of  the  courts  of  this  State,  or  before  arbitrage ,"  appear  to  be 
repeated  inadvertently. 


ohio  613 

Sec.  2621.  When  not  to  be  enforced. — The  provisions  of  the  preced- 
ing two  sections  shall  not  be  enforced  in  any  county,  unless  it  has 
been  furnished  with  copies  of  the  standards  of  this  State,  at  least 
six  months  previous  to  such  measuring  or  surveying. 

Sec.  2622  (al911).  Deputy  sealer  of  weights  and  measures;  salary; 
duties. — Each  county  sealer  of  weights  and  measures  shall  appoint 
by  writing  under  his  hand  and  seal,  a  deputy  who  shall  compare 
weights  and  measures  wherever  the  same  are  used  or  maintained 
for  use  within  his  county,  or  which  are  brought  to  the  office  of  the 
county  sealer  for  that  purpose,  with  the  copies  of  the  original 
standards  in  the  possession  of  the  county  sealer,  who  shall  receive 
a  salary  fixed  by  the  county  commissioners,  to  be  paid  by  the  county, 
which  salary  shall  be  instead  of  all  fees  or  charges  otherwise  allowed 
by  law.  Such  deputy  shall  also  be  employed  by  the  county  sealer 
to  assist  in  the  prosecution  of  all  violations  of  laws  relating  to 
weights  and  measures. 

Sec.  2623  (1861).  Fees. — Each  sealer  may  receive  for  his  services, 
the  following  fees :  For  sealing  and  marking  every  beam,  ten  cents ; 
for  sealing  and  marking  measures  of  extension,  at  the  rate  of  ten 
cents  per  yard,  not  exceeding  twenty-five  cents  for  any  one  measure ; 
for  sealing  and  marking  each  weight,  five  cents;  for  sealing  and 
marking  liquid  or  dry  measures,  if  of  one  gallon  or  more,  ten  cents, 
and  if  less  than  one  gallon,  five  cents;  and  a  reasonable  compensa- 
tion for  marking  such  weights  and  measures,  so  as  to  conform  to  the 
standards. 

Gen.  Code,  1921,  Throckmorton,  ch.  7,  p.  1118. 

Sec.  4318  (al908).  Sealer  of  weights  and  measures;  cities  and  villages; 
appointment  and  term. — The  mayor  may  appoint  a  sealer  of  weights 
and  measures,  who  shall  hold  office  co-extensive  with  the  term  of 
office  of  the  mayor  who  made  his  appointment,  and  until  his  suc- 
cessor is  appointed  and  qualified,  unless  otherwise  removed  from 
office. 

Sec.  4319.  Qualification  and  compensation. — The  sealer  of  weights 
and  measures  shall  be  a  competent  person  for  the  position,  and  shall 
receive  a  salary  fixed  by  ordinance,  to  be  paid  by  the  corporation, 
which  salary  shall  be  instead  of  all  fees  or  charges  otherwise  allowed 
by  law  or  ordinance. 

Sec.  4320.  Oath  and  bond. — Before  entering  upon  his  duties,  the 
sealer  of  weights  and  measures  shall  take  the  oath  of  office  required 
by  law,  and  give  bond  to  the  corporation  in  such  amount  as  is  pre- 
scribed by  ordinance,  with  security  to  the  approval  of  the  mayor, 
and  conditioned  for  the  faithful  performance  of  his  duties. 

Sec.  4321.  Comparison  with  county  standards. — At  least  once  in  three 
years,  the  sealer  of  weights  and  measures  shall  compare  the  copy 
of  standards,  in  his  possession  with  those  in  the  office  of  the  county 
sealer. 

Sec.  4322  (al911).  Comparison  and  sealing  of  weights  and  measures; 
weighing  and  measuring  devices,  etc. ;  may  be  seized,  when. — The  sealer 
of  weights  and  measures  shall  compare  all  weights  and  measures, 
balances,  weighing  and  measuring  devices  used  in  the  purchase  and 
sale  of  commodities  with  the  copies  in  his  possession.  Any  weights 
and  measures,  balances  and  weighing  and  measuring  devices  hav- 
ing a  device  for  indicating  or  registering  the  price  as  well  as  the 


614  LAWS   CONCEBNING  WEIGHTS   AND   MEASURES 

weight  or  quantity  of  commodities  shall  be  tested  by  him  both  as 
to  correctness  of  weight  or  quantity  and  value  indicated  by  them; 
such  sealer  shall  seal  such  weights  and  measures,  balances  and  weigh- 
ing and  measuring  devices  as  shall  be  tested  and  found  correct,  and, 
after  ten  days'  notice  in  writing  to  the  owner,  shall  condemn  or 
seize  such  as  are  found  to  be  incorrect,  and  shall  seal  such  weights 
and  measures,  balances,  weighing  and  measuring  devices  having  a 
device  for  indicating  or  registering  the  price  as  well  as  the  weight 
or  quantity  of  commodities  only  when  correct  both  in  indications 
of  weight  or  quantity  and  value,  and  shall  condemn  or  seize  such  in 
which  the  graduations  or  indications  are  found  to  be  false  or  inaccu- 
rately placed  either  as  to  weight  or  quantity  or  value. 

Laws,  1921,  p.  604. 

Sec.  16.  Bread  sold  by  weight;  units  specified;  statements  on  loaf  or 
wrapper,  required. — Bread  shall  not  be  sold  or  offered  or  exposed  for 
sale  otherwise  than  by  weight  and  shall  be  manufactured  for  sale  and 
sold  only  in  units  of  sixteen  or  twenty-four  ounces,  or  multiples  of 
one  pound.  When  multiple  loaves  are  baked  each  unit  of  the  loaf 
shall  conform  to  the  weight  required  by  this  section.  The  weights 
herein  specified  shall  be  construed  to  mean  net  weights  twelve  hours 
after  baking  and  to  be  determined  by  the  average  weight  of  at  least 
twenty-five  loaves.  Such  unit  weights  shall  not  apply  to  rolls  and 
such  bread  as  shall  be  defined  as  fancy  bread  by  the  secretary  of 
agriculture.  Every  loaf  of  bread  manufactured  for  sale,  sold,  offered 
or  exposed  for  sale  shall  have  affixed  thereon  a  plain  statement  in 
plain  position  of  the  weight  of  the  loaf  of  bread,  the  business  name  of 
the  maker,  baker,  or  manufacturer.  In  the  case  of  wrapped  bread 
such  information  shall  be  stated  on  the  wrapper  of  each  loaf  and  in 
the  case  of  unwrapped  bread  shall  be  stated  by  means  of  a  pan  im- 
pression or  other  mechanical  means  or  shall  be  stated  on  a  label  using 
plain  legible  type.  Such  label  affixed  to  an  unwrapped  loaf  shall 
not  be  affixed  in  any  manner  or  with  any  gums  or  pastes  which  are 
unsanitary  and  unwholesome,  and  there  shall  not  be  more  than  one 
label  of  [on]  a  loaf  or  a  unit. 

Sec.  17.  Rules  and  regulations  for  enforcement  of  provisions  of  law; 
notice  before  prosecution.— The  secretary  of  agriculture  shall  prescribe 
such  rules  and  regulations  as  may  be  necessary  to  enforce  the  pre- 
ceding section,  including  reasonable  tolerances  or  variations  within 
which  all  weights  shall  be  kept :  Provided,  however,  That  such  toler- 
ances or  variations  shall  not  exceed  one  ounce  per  pound  over  or 
under  the  standard  unit  for  single  loaves:  Provided,  however,  That 
tolerance  permitted  in  the  weighing  of  twenty-five  or  more  loaves 
shall  not  exceed  one-half  ounce  per  pound.  The  said  secretary,  and 
under  his  direction,  the  local  sealers  of  weights  and  measures,  shall 
cause  the  provisions  of  this  section  to  be  enforced.  Before  any  pros- 
ecution is  begun  under  this  section  the  parties  against  whom  com- 
plaint is  made  shall  be  notified  and  be  given  an  opportunity  to  be 
heard  by  said  secretary. 

Sec.  22.  Penalty  for  violation. — A  violation  of  any  provision  of  this 
act  or  any  rule  or  regulation  adopted  herein,  shall,  for  the  first 
offense,  be  fined  not  less  than  $25.00  nor  more  than  $100.00,  and  for 
each  subsequent  offense  not  less  than  $100.00  nor  more  than  $300.00. 


ohio  615 

Gen.  Code,  1921,  Throckmorton,  ch.  16,  p.  2951. 

Sec.  13106,  as  amended  by  laws,  1923,  p.  121.  Penalty  for  giving  false 
or  short  weight. — Whoever,  in  buying  or  selling  any  property,  or 
directing  or  permitting  an  employee  so  to  do,  makes  or  gives  a  false 
or  short  weight  or  measure ;  or  whoever  has  charge  of  scales  or  steel 
yards  fixed  for  the  purpose  of  misweighing  an  article  bought  or 
sold,  or,  having  scales  or  steel  yards  for  the  purpose  of  weighing 
property,  reports  a  false  or  untrue  weight;  or  whoever  uses  in  the 
sale  of  a  commodity  a  computing  scale  or  device  indicating  the 
weight  and  price  of  such  commodity  upon  which  scale  or  device  the 
graduations  or  indications  are  false,  or  inaccurately  placed,  either 
as  to  weight  or  price,  shall  be  fined  not  more  than  five  hundred 
dollars. 

Sec.  13107  (al877).  Selling  stone  coal  by  unlawful  weights  or  meas- 
ures.— Whoever  sells  and  delivers  stone-coal  except  at  legal  weights 
and  measures,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  or  imprisoned  not  less  than  five  days  nor  more  than 
thirty  days. 

Sec.  13109.  Miller,  grain  dealer,  etc.,  must  use  standard  half  bushel. — 
Whoever,  being  a  commission  merchant,  miller,  dealer,  grain  in- 
spector, corporation,  firm,  association  or  person,  or  an  officer,  agent 
or  employe  thereof  purchasing  or  receiving  wheat  in  barter  or  ex- 
change for  flour,  or  otherwise,  from  the  original  producer,  his  agent 
or  employe,  for  testing  or  determining  the  weight,  grade,  milling 
or  market  value  thereof,  uses  a  measure  other  than  the  standard  half- 
bushel  or  uses  a  measure  that  is  a  fractional  part  of  such  standard 
half-bushel,  furnished  this  State  by  the  United  States,  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars  or  imprisoned  in  jail  not  more  than  thirty  days,  or  both. 
Fines  collected  under  this  section  shall  be  paid  into  the  county  treas- 
ury to  the  credit  of  the  county  fund. 

Sec.  13128  (al919).  Commodities  sold  by  weight  or  count,  quantity 
of  contents  to  be  marked;  tolerances  and  exemptions;  repacking,  or 
transferring  brands  or  marks;  net  weight  required;  separate  charge  for 
wrapper  may  be  made;  penalty.— Whoever  puts  up  or  packs  goods  or 
articles  sold  by  weight  or  count  into  a  sack,  bag,  barrel,  case  or  pack- 
age, or  whoever  puts  up  or  fills  a  bottle,  barrel,  keg,  drum,  can  or 
other  container  with  any  commodity  sold  or  offered  for  sale  by 
liquid  measure,  shall  mark  thereon  in  plain  letters  and  figures  the 
exact  quantity  of  the  contents  thereof  in  terms  of  weight,  measure 
or  numerical  count;  provided,  however,  that  reasonable  tolerances 
and  variations  and  also  exemptions  as  to  small  packages  shall  be 
established  by  rules  made  by  the  secretary  of  agriculture  and  shall 
conform  to  those  of  the  federal  law,  and  provided,  further,  that  this 
act  shall  not  apply  to  such  packages  or  containers,  weighed,  put  up, 
packed  or  filled  in  the  presence  of  the  customer. 

Whoever,  with  intent  to  defraud,  transfers  a  brand,  mark  or 
stamp  placed  upon  a  case  or  package  by  a  manufacturer  to  another 
case  or  package,  or  with  like  intent,  repacks  a  case  or  package  so 
marked,  branded  or  stamped,  with  goods  or  articles  of  quality 
inferior  to  those  of  such  manufacturer  shall  be  deemed  guilty  of  a 
violation  of  this  section. 

Any  article  or  commodity  packed  and  sold  by  weight  shall  be  sold 
by  net  weight  only,  and  no  wood,  paper,  burlap,  cord,  paraffin  or 


616  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

other  substance  used  for  wrapping  or  packing,  shall  be  included  as 
a  part  of  the  weight  of  such  commodity  sold. 

Provided,  however,  That  nothing  in  this  section  shall  prohibit 
making  a  reasonable  separate  charge  for  any  wrapper  or  container 
used  in  packing  or  preparing  such  article  or  commodity  for  sale,  if 
such  be  agreed  to  by  the  purchasers  of  such  article  or  commodity  at 
time  of  sale.  Any  person,  firm,  company,  corporation  or  agent,  who 
fails  to  comply  with  any  provision  of  this  act,  shall  be  fined  not 
less  than  twenty-five  dollars  ($25.00)  nor  more  than  five  hundred 
dollars  ($500.00). 

Sec.  13165  (1893).  Labeling  of  binding  twine. — •  Whoever,  being  a 
dealer,  manufacturing  corporation,  company  or  agent,  sells  or  offers 
for  sale  a  ball  or  parcel  of  binding  twine,  commonly  employed  in 
binding  grain,  without  there  is  attached  thereto  a  tab  or  label  on 
which  is  written  or  printed  the  kind  of  material  of  which  it  is  com- 
posed and  the  weight  of  such  ball  or  parcel,  shall  be  fined  not  less 
than  one  dollar  nor  more  than  twenty-five  dollars. 

Gen.  Code,  1921,  Throckmorton,  ch.  1,  p.  2995. 

Sec.  13423  (al913).  Special  jurisdiction  of  justices,  police  judges  and 
mayors. — Justices  of  the  peace,  police  judges  and  mayors  of  cities 
and  villages  shall  have  jurisdiction,  within  their  respective  counties, 
in  all  cases  of  violation  of  any  law  relating  to : 

1.  Adulteration  or  deception  in  the  sale  of  dairy  products  and 
other  food,  drink,  drugs,  and  medicines. 

15.  The  prevention  of  short  weighing  and  measuring  and  all  vio- 
lations of  the  weights  and  measures  laws. 

Gen.  Code,  1921,  Throckmorton,  ch.  1,  p.  948. 

Sec.  3616  (al908).  Powers  of  municipal  corporations. — All  municipal 
corporations 5  shall  have  the  general  powers  mentioned  in  this 
chapter,  and  council  may  provide  by  ordinance  or  resolution  for  the 
exercise  and  enforcement  of  them. 

Sec.  3651  (al908).  To  seize  false  weights,  etc. — To  regulate  the 
weighing  and  measuring  of  hay,  wood  and  coal,  and  other  articles 
exposed  for  sale,  and  to  provide  for  the  seizure,  forfeiture  and 
destruction  of  weights  and  measures,  implements  and  appliances 
for  measuring  and  weighing  which  are  imperfect  or  liable  to 
indicate  false  or  inaccurate  weight  or  measure,  or  which  do  not  con- 
form to  the  standards  established  by  law  and  Avhich  are  known,  used 
or  kept  to  be  used  for  weighing  or  measuring  articles  to  be  purchased, 
sold  or  offered  or  exposed  for  sale. 

Gen.  Code,  1921,  Throckmorton,  ch.  2,  p.  1046. 

Sec.  3988.  Council  may  provide  for  electric  current  and  gas  inspec- 
tion.—In  a  municipality  in  which  gas  works  are  constructed,  coun- 
cil may  provide,  by  ordinance,  for  the  appointment  of  an  officer,  to 
be  known  as  inspector  of  gas,  whose  duty  it  shall  be  to  inspect  all 
gas  and  gas  meters,  and  certify  the  correctness  of  all  bills  against 
consumers  of  gas,  make  photometric  tests,  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinance,  and  the  council  shall  fix 


6  Municipal  coporations  which  at  the  last  Federal  census  had  a  population  of  five 
thousand  or  more  are  called  cities,  and  those  which  had  a  population  of  less  than  five 
thousand  are  called  villages. 


ohio  617 

his  compensation.  Council  may  also  provide  for  the  inspection  and 
testing  of  meters  used  for  measuring  electric  current  for  electric 
light,  power  or  other  purposes,  furnished  by  any  individual  or  com- 
pany within  the  corporation,  and  may  prescribe  a  suitable  charge 
for  such  inspection  and  testing,  and  the  manner  of  collecting  it. 

Gen.  Code,  1921,  Throckmorton,  eh.  1,  p.  1405. 

Sec.  5785  (al919).  What  is  misbranding  of  food,  etc. — Food,  drink, 
flavoring  extracts,  confectionery  or  condiment  shall  be  misbranded 
within  the  meaning  of  this  chapter :     *     *     * 

3.  If  in  package  form,  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package;     *     *     * 

Gen.  Code,  1921,  Throckmorton,  ch.  14,  p.  1449. 

Sec.  5993  (1857).  Penalty  for  undermarking  tare  on  barrels  of  flour,  etc. 
—A  manufacturer  of  flour  or  meal,  or  packer  of  meat,  butter,  lard  or 
other  packed  article  sold  by  weight,  undermarking  the  tare  upon  a 
hogshead,  cask,  box  or  barrel,  or  part  thereof,  or  placing  thereon 
a  less  quantity  than  that  marked  or  branded  thereon  as  specified 
by  law,  shall  forfeit  the  hogshead,  cask,  box  or  barrel,  or  part  thereof, 
and  half  the  contents  thereof.  One-fourth  of  such  entire  contents 
shall  go  to  the  party  injured,  prosecuting  the  case,  with  such  other 
damages  as  he  majr  sustain,  and  the  other  fourth  to  the  use  of  the 
poor  of  the  township  where  the  conviction  is  had.  The  residue 
shall  be  accounted  for  to  such  manufacturer  or  packer,  who  shall  be 
notified  by  such  inspector.  Such  forfeiture  shall  not  take  place,  nor 
conviction  be  had,  when  the  light  weight  was  occasioned  after  leaving 
such  manufacturer  or  packer,  if  such  packing  was  done  according  to 
law. 

Sec.  5998  (1830-31).  Flour  barrel,  size  of;  weight  and  tare  of  barrel 
of  flour  to  be  marked  thereon. — Flour  and  meal  shall  be  packed  in 
well-made  barrels  of  seasoned  timber,  twenty-seven  inches  m  length, 
when  finished,  with  a  cut  head  of  seventeen  and  one-half  inches, 
tightly  bound,  with  ten  smart  hoops  or  six  flat  hoops  two  inches 
broad,  secured  with  four  nails  in  each  end  hoop,  and  three  nails  in 
each  outward  bilge  hoop.  Such  barrel  shall  contain  one  hundred  and 
ninety-six  pounds  of  flour  or  meal,  and  the  tare  thereof  shall  be 
marked  on  the  head  of  such  barrel  by  the  miller,  with  a  marking  iron. 
The  weight  of  the  flour  or  meal  shall  be  branded  on  the  barrel  with  a 
branding  iron,  to  be  provided  by  him  for  that  purpose.     *     *     * 

Sec.  5999  (al891).  Weight  of  flour  to  be  branded  on  barrel  or  sack; 
penalty. — A  miller  or  mill  owner  shall  brand  or  cause  to  be  branded 
on  the  head  of  each  barrel  or  side  of  each  sack  the  weight  and  quality 
of  the  flour  or  meal  contained  therein,  and  the  initial  letter  of  his 
Christian  name  and  his  surname  in  full;  or  if  the  mill  is  owned  or 
operated  by  more  than  one  person,  then  the  name  of  such  persons  or 
such  company.  If  a  miller,  mill  owner  or  company  neglects  to  so 
brand  such  flour  or  meal,  or  packs  or  exposes  it  for  sale  in  a  barrel 
or  sack  of  a  less  quantity  or  poorer  quality  than  is  branded  thereon, 
he  or  they  shall  forfeit  and  pay  for  each  offense  ten  dollars  for  the 
use  of  the  county,  and  be  liable  to  the  person  injured  in  double  the 
amount  of  damages  sustained. 


618  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  6002  (1830-31).  Regulation  barrels  for  beef  or  pork.— Barrels 
for  beef  or  pork  shall  be  made  of  sound,  well-seasoned  white  oak 
timber,  clear  of  sap  wood,  twenty-nine  inches  in  length,  with  a  cut 
head  of  seventeen  and  a  half  inches  in  diameter,  bound  with  strong 
hoops,  one-third  of  the  length  thereof,  at  each  end.  When  packed 
and  headed  up,  the  outward  hoop  on  each  end  shall  be  secured  with 
four  nails  of  suitable  size. 

Sec.  6003.  Regulation  half  barrels  for  beef  or  pork. — Half  barrels 
for  beef  or  pork  shall  be  made  of  sound,  well  seasoned  white  oak 
timber,  clear  of  sap,  twenty-four  inches  in  length,  with  a  cut  head 
fourteen  inches  in  diameter,  bound  with  hoops  one-third  the  length 
thereof,  at  each  end,  the  outward  hoops  thereof  being  secured  with 
at  least  three  nails  of  suitable  size. 

Sec.  6004.  Weight  of  barrel  of  beef  or  pork. — A  barrel  of  beef  or 
pork,  packed  for  exportation,  shall  contain  two  hundred  pounds 
of  sound,  clean,  well-slaughtered  meat,  that  is  well  fattened.    *    *    * 

Sec.  6006  (al869).  Weight  of  gallon  of  linseed  oil,  etc.— When  lin- 
seed, flaxseed  or  lard  oil  is  sold  by  the  barrel,  without  a  special 
agreement  as  to  the  measurement  thereof,  the  standard  for  linseed 
or  flaxseed  oil  shall  be  seven  and  one-half  pounds  to  the  gallon;  and 
for  lard  oil,  seven  and  two-fifths  pounds  to  the  gallon. 

Sec.  6008.  Inspector  to  weigh  empty  barrel  and  brand  weight 
thereon. — Inspectors  shall  inspect  barrels  intended  for  linseed,  flax- 
seed or  lard  oil,  and,  before  filling  them,  ascertain  the  weight  thereof 
and  when  so  inspected  and  weighed,  mark  on  such  barrel  the  weight 
thereof  with  marking  irons,  provided  by  the  inspector  for  that  pur- 
pose, with  his  name  and  the  name  of  the  county. 

Sec.  6013.  Regulations  as  to  fish  barrel;  weight  of  barrel  and  contents. — 
Fish  barrels  shall  be  made  of  good,  sound  and  seasoned  timber,  ap- 
proved by  the  inspector,  and  be  bound  with  at  least  twelve  sufficient, 
smart  hoops,  or  eight  flat  hoops,  not  less  than  two1  inches  broad,  se- 
cured with  at  least  three  nails  in  each  chime  hoop,  and  contain  two 
hundred  pounds  of  clean  fish  in  each  barrel,  and  one  hundred  pounds 
of  clean  fish  in  each  half-barrel.  Only  one  species  of  fish  shall  be 
packed  into  each  barrel  or  half -barrel.  All  fish  shall  be  salted  with 
not  less  than  fifty  pounds  of  coarse  salt,  or  fifty-six  pounds  of  fine 
salt  to  each  barrel,  and  in  a  like  proportion  to  each  half -barrel. 

Sec.  6016  (1872).  What  barrel  of  fish  shall  contain. — A  barrel  of  fish 
shall  contain  two  hundred  pounds,  and  a  package  or  vessel,  being  or 
purporting  to  be  a  fractional  part  of  such  barrel,  shall  contain  a  like 
fractional  part  of  two  hundred  pounds  net,  of  fish,  exclusive  of  salt, 
brine  and  package.  A  barrel  or  other  vessel  of  fish  packed  or  sold 
in  this  State,  shall  have  the  number  of  pounds  contained  therein 
distinctly  branded  upon  the  head  thereof. 

Sec.  6020  (1852).  Wet  weight  to  be  marked  on  barrels  of  salt. — Manu- 
facturers of  salt  shall  have  it  sufficiently  drained,  and  packed  in 
good  barrels  made  of  good,  sound,  seasoned  timber;  the  head  and 
bilge  hoops  to  be  nailed  with  not  less  than  four  nails  in  each  hoop. 
The  head  shall  be  bored  with  a  metallic  instrument  not  less  than  one 
inch  in  size.  The  name  of  the  manufacturer  shall  be  distinctly 
branded  on  the  head  thereof.  Salt  sold  at  the  manufactory  shall  be 
marked  with  the  net  weight  in  figures,  directly  under  the  name,  with 
good,  durable  paint. 


ohio  619 

Sec.  6021.  Penalty. — A  manufacturer  refusing  to  comply  with  the 
next  preceding  section  shall  forfeit  for  each  offense  the  sum  of  fifty 
cents  per  barrel,  to  be  collected  by  any  person  in  a  civil  action. 

Sec.  6029  (1844).  How  tare  of  salt  barrels  regulated. — The  inspector 
of  salt  shall  regulate  the  tare  of  barrels  as  follows :  Barrels  weigh- 
ing less  than  three  hundred  pounds  shall  be  tared  at  thirty  pounds ; 
barrels  weighing  over  three  hundred  and  less  than  four  hundred, 
shall  be  tared  at  thirty-five  pounds ;  and  barrels  weighing  over  four 
hundred  pounds  shall  be  tared  at  forty  pounds. 

Sec.  6036  (1830-31).  Tare  and  net  weight  to  be  marked  on  butter 
firkins. — Butter  and  lard  shall  be  packed  in  tight  and  well  seasoned 
firkins  or  kegs,  on  each  of  which  shall  be  marked  with  a  marking 
iron,  the  tare  and  net  weight  of  the  contents  thereof.     *     *     * 

Sec.  6037.  Tare  and  net  weight  to  be  marked  on  biscuit  casks. — Casks 
containing  biscuits,  packed  for  exportation,  shall  be  of  a  like  size 
and  quality  as  those  specified  for  flour  in  this  chapter,  and  the  tare 
and  net  weight  shall  be  marked  thereon  with  a  marking  iron.    *    *    * 

Sec.  6038.  Dimensions,  weight,  and  tare  of  pot  and  pearl  ash  barrels. — 
Pot  and  pearl  ashes,  subject  to  inspection,  shall  be  placed  in  barrels 
of  well  seasoned  white  oak  or  white  ash,  hooped  with  substantial 
hoops  for  at  least  ten  inches  from  each  end,  the  staves  not  to  be 
more  than  thirty-one  inches  nor  less  than  thirty  inches  in  length. 
The  head  of  a  potash  barrel  shall  not  exceed  nineteen  inches,  and 
that  of  a  pearl  ash  barrel,  twenty-one  inches  in  diameter;  and  no 
barrel  shall  be  tared  less  than  fifty-six  pounds.  Barrels  weighing 
fifty-six  pounds  or  more  shall  be  so  tared.  An  inspector  of  pot 
and  pearl  ashes  shall  empty  the  barrels  containing  them  brought 
to  him  for  inspection,  examine  and  determine  the  quality,  and 
repack  and  brand  the  head  of  each  barrel  as  prescribed  in  this 
chapter. 

Sec.  6039  (1861).  Weight  to  be  marked  on  packages  of  soap  and 
candles;  penalty. — Manufacturers  of  soap  and  candles  shall  mark 
upon  each  package  or  box  thereof  offered  for  sale  the  name  of  the 
manufacturer,  and  the  net  weight  avoirdupois  of  the  contents  there- 
of, in  legible  letters  and  figures.  A  manufacturer  neglecting  or  re- 
fusing to  comply  with  the  provisions  of  this  section  or  placing  in 
such  box  or  package  a  less  quantity  than  is  marked  or  branded  there- 
on shall  forfeit  one  dollar  for  each  offense  and  pay  the  costs  of  prose- 
cution. Forfeitures  collected  hereunder  shall  be  paid  into  the  treas- 
ury of  the  county  in  which  they  are  collected. 

Sec.  6053.  Duty  of  inspector. — An  inspector  shall  uncase  and  break 
each  hogshead,  barrel,  package,  case  or  box  of  tobacco,  or  cause 
it  to  be  done  in  his  presence,  which  he  is  called  on  to  inspect  and 
weigh,  in  not  less  than  four  different  places.  If  such  inspector 
believes  that  such  tobacco  is  sound,  clean,  in  good  order  and  con- 
dition, and  merchantable,  he  shall  cause  it  to  be  weighed.  He  shall 
cause  the  head,  side  or  bulge  of  such  hogshead,  barrel,  box  or 
package  to  be  marked  with  the  tare  thereof,  the  quantity  of  net 
tobacco  contained  therein  and  the  name  of  the  warehouse.  He 
shall  also  mark  the  head  of  such  hogshead,  barrel,  box  or  package, 
with  the  initials  of  the  name  of  the  owner  thereof  and  the  number 
of  such  hogshead,  barrel,  box  or  package. 


620  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  6054.  To  preserve  samples. — The  inspector  shall  select  two  sam- 

Eles  of  each  hogshead,  barrel,  box  or  package  of  tobacco  inspected 
y  him  and  passed  as  sound  and  merchantable.  Such  samples  shall 
consist  of  not  less  than  six  hands  or  bundles,  each  of  which  he  shall 
bind  together  with  a  cord  and  attach  a  label  thereto.  On  such  label 
shall  be  written  the  name  of  the  person  for  whom,  or  in  whose  name 
such  tobacco  is  inspected,  with  the  number  of  the  package,  the 
gross  weight,  tare  and  net  weight  of  such  tobacco.  One  of  such 
samples  shall  be  delivered  to  the  purchaser  of  the  tobacco,  with  a  note 
or  certificate  hereinafter  provided  for,  and  the  other  such  inspector 
shall  retain  for  one  year  after  such  inspection. 

Sec.  6055.  Record  of  inspection  to  be  kept. — The  inspector  shall 
cause  to  be  entered  in  a  book  provided  for  that  purpose,  each  hogs- 
head of  tobacco  viewed,  passed  and  marked  by  him,  and  the  quality 
thereof,  mark  and  warehouse  number,  with  the  gross,  tare  and  net 
weight  thereof. 

Sec.  6060.  Inspector's  receipt. — An  inspector  who  passes  tobacco 
shall  deliver  to  the  owner  as  many  receipts  as  may  be  required,  not 
exceeding  one  receipt  for  each  hogshead  or  cask.  Such  receipt 
shall  state  the  place  and  time  of  reception,  the  mark,  the  warehouse 
number,  gross,  tare  and  net  weight  for  the  tobacco  inspected  and 
passed,  and  whether  of  the  first  or  second  quality.  The  first  quality 
shall  consist  of  tobacco  clear  of  and  unmixed  with  trash.  The  to- 
bacco for  which  such  receipt  calls  shall  be  delivered  to  the  owner  or 
bearer  thereof  on  demand  and  surrender  of  such  receipt. 

Sec.  6062.  Proprietor  liable  for  failure  of  samples. — A  proprietor  of  a 
commission  leaf -tobacco  warehouse  shall  be  liable  to  the  purchaser 
of  a  hogshead,  barrel,  package,  box  or  parcel  of  tobacco,  inspected 
and  weighed  at  such  warehouse,  for  the  failure  of  the  sample  drawn 
therefrom  to  fairly  represent  the  tobacco  packed  therein.  He  shall 
also  be  so  liable  for  underweight  existing  in  such  tobacco  inspected 
and  marked  by  such  inspector  as  required  by  this  chapter. 

Gen.  Code,  1921,  Throckmorton,  ch.  24,  p.  1509. 

Sec.  6334  (1908).  Net  weight  and  measure  to  be  marked  on  packages 
of  paint. — The  label  on  paint  sold  by  measure  shall  show  the  net 
measure  of  the  contents  of  the  container,  and  on  paint  sold  by  weight, 
the  net  weight  of  the  contents  of  the  package. 

Sec.  6335.  Possession  prima  facie  evidence. — The  possession  of  an 
article  or  substance  improperly  marked  or  inaccurately  labeled,  as 
provided  in  this  chapter,  by  a  person,  firm  or  corporation  dealing 
therein  shall  be  prima  facie  evidence  that  it  is  so  kept  in  violation 
of  this  chapter  and  the  penal  statutes  relating  thereto. 

Sec.  6336.  Who  empowered  to  enforce  penal  statutes. — The  secretary 
of  agriculture  shall  enforce  the  provisions  of  this  chapter  and  the 
penal  statutes  relating  thereto  and  the  secretary,  his  assistants,  ex- 
perts, chemists  and  agents  shall  have  access  and  ingress  to  the  places 
of  business,  stores  and  buildings  used  for  the  sale  of  paint,  turpentine, 
or  linseed  oil,  and  may  open  any  package,  can,  jar,  tub  or  other 
receptacle  containing  an  article  that  may  be  sold  or  exposed  for 
sale  in  violation  of  such  provisions  or  statutes.  The  inspectors, 
assistants  or  chemists,  appointed  by  the  secretary  shall  perform  like 
duties  and  have  like  authority  under  this  chapter  and  the  penal 
statutes  relating  thereto  as  is  provided  by  law  in  other  cases. 


ohio  621 

Gen.  Code,  1921,  Throckmorton,  ch.  16,  p.  2951. 

Sec.  13168  (1911).  Penalty. — Whoever  violates  any  provision  of 
law  relating  to  the  labeling,  marking,  or  stenciling  of  turpentine, 
wood  turpentine,  paints,  mixed  paints  and  similar  compounds  or 
white  lead  by  manufacturers  or  distributors  thereof,  shall  be  fined 
not  more  than  fifty  dollars,  and  for  each  subsequent  offense  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  or  imprisoned  not  less  than  thirty  days  nor  more  than  one 
hundred  days,  or  both. 

Gen.  Code,  1921,  Throckmorton,  ch.  6,  p.  2873. 

Sec.  12722  (1904).  Penalty  for  use  of  false  standard  measure  for  milk 
or  cream. — Whoever  uses  a  standard  measure  of  milk  or  cream  other 
than  that  which  is  defined  in  this  section,  where  milk  or  cream  is 
purchased  by  or  furnished  to  creameries  or  cheese  factories  and  where 
the  value  of  such  milk  or  cream  is  determined  by  the  per  cent  of 
butter  fat  contained  therein  by  the  Babcock  test,  shall  be  fined  not 
iess  than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 
In  the  use  of  the  Babcock  test  the  standard  milk  measures  or  pipettes 
shall  have  a  capacity  of  17.6  cubic  centimeters  and  the  standard  test 
tubes  or  bottles  for  milk  shall  have  a  capacity  of  two  cubic  centi- 
meters for  each  ten  per  cent  marked  on  the  necks  thereof.  The 
standard  unit  of  cream  for  testing  shall  be  eighteen  grams. 

Sec.  12723.  Penalty  for  sale  of  falsely  marked  pipette. — Whoever 
offers  for  sale  or  sells  a  milk  pipette  or  measure,  test  tube  or  bottle 
which  is  not  correctly  marked  or  graduated  as  provided  in  the  next 
preceding  section,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

Gen.  Code,  1921,  Throckmorton,  Suppl. 

Sec.  12730-1  (1921).  Weight  of  ice  cream.— (a)  *  *  *  It  [ice 
cream]  shall  not  weigh  less  than  four  and  one-fourth  pounds  per 
gallon. 

Gen.  Code,  1921,  Throckmorton,  ch.  6,  p.  2873. 

Sec.  12763  (1906).  Maple  sugar  and  syrup  defined. — Maple  sugar  or 
pure  maple  sugar  and  maple  syrup  or  pure  maple  syrup  are  the  un- 
adulterated product  [produced]  by  the  evaporation  of  pure  sap  from 
the  maple  tree.  The  standard  of  weight  of  a  gallon  of  maple  syrup 
of  two  hundred  and  thirty-one  cubic  inches  shall  be  eleven  pounds.  A 
substance  purporting  to  be  maple  syrup  or  maple  sugar  not  made  in 
compliance  with  this  section  shall  be  an  adulteration  of  maple  syrup 
or  maple  sugar,  and  maple  syrup  of  less  weight  than  herein  required 
shall  be  an  adulteration  of  maple  syrup. 

Gen.  Code,  1921,  Throckmorton,  ch.  6,  p.  2082. 

Sec.  9326  (1866).  Illuminating  gas;  unit  of  measure. — The  standard 
or  unit  of  measure  for  the  sale  of  illuminating  gas  by  meter  shall 
be  the  cubic  foot,  containing  sixty-two  and  three  hundred  twenty-one 
one-thousandth  pounds  avoirdupois  weight  of  distilled  or  rain  water, 
weighed  in  air,  of  the  temperature  of  sixty-two  degrees  Fahrenheit's 
scale,  the  barometer  being  at  twenty-nine  and  one-half  inches. 

Sec.  9327  (1867).  Meters  to  be  sealed  and  stamped;  penalty  for  failure 
to  seal  and  stamp. — No  meter  shall  be  set  unless  it  is  tested  by  a 


622  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

meter-prover,  sealed  and  stamped  as  hereinafter  provided.  A  com- 
pany authorizing  the  setting  of  a  meter,  or  allowing  it  to  be  used 
by  a  consumer  of  gas,  without  being  so  sealed  and  stamped,  shall 
forfeit  and  pay  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  to  be  recovered  upon  the  complaint  of  such  consumer,  in  the 
name  of  the  State,  before  any  court  of  competent  jurisdiction. 

Sec.  9329  (al908).  Meters;  testing  of;  fee. — Meters  in  use  shall 
be  tested  on  the  request  of  the  consumer,  in  his  presence,  if  desired, 
with  a  meter-prover,  tested  and  sealed  as  provided  by  law,  by  an 
officer  or  servant  of  the  company.  If  the  meter  be  found  to  be 
correct,  and  it  shall  be  deemed  correct  if  there  be  no  greater  varia- 
tion than  three  per  cent,  the  party  requesting  the  inspection  shall 
pay  a  fee  of  twenty-five  cents,  and  the  expense  of  removing  it  for  the 
purpose  of  being  tested.  The  re-inspection  shall  be  stamped  on 
the  meter.  If  proved  incorrect,  no  fees  or  expense  shall  be  paid 
by  the  consumer,  and  the  company  shall  furnish  a  new  meter  with- 
out charge  to  the  consumer.  No  gas  company  shall  charge  rent  for 
meters. 

Sec.  9338  (al915).  Meter-prover  and  photometer;  penalty. — All  gas 
companies  supplying  the  public  with  artificial  or  natural  gas,  which 
are  not  supplied  with  such  apparatus,  forthwith  shall  provide  for 
their  use  a  meter-prover,  the  holder  of  which  must  contain  not  less 
than  five  feet,  such  prover  to  be  tested  in  the  place  where  it  is  to  be 
used  and  stamped  and  sealed  by  the  public  utilities  commission  of 
Ohio,  all  such  tests  to  be  open  to  the  public.  All  gas  companies  sup- 
plying artificial  or  natural  gas  for  illuminating  purposes  shall  on 
the  order  of  the  public  utilities  commission  of  Ohio  provide  for  their 
use  a  photometer  of  a  type  approved  by  such  commission.  The 
failure  on  the  part  of  any  person,  firm  or  corporation  supplying  the 
public  with  artificial  or  natural  gas  to  comply  with  the  provisions 
of  this  section  shall  cause  said  person,  firm  or  corporation  to  forfeit 
and  pay  to  the  State  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars  to  be  recovered  upon  the  complaint  of  any  such 
consumer,  in  the  name  of  the  State,  before  any  court  of  competent 
jurisdiction. 

Gen.  Code,  1921,  Throckmorton,  ch.  16,  p.  2951. 

See.  13127  (1859).  Making  or  using  false  gas  meters. — Whoever, 
with  intent  to  defraud,  constructs  or  uses  a  false  meter  for  measur- 
ing and  registering  the  gas  consumed  under  a  contract  with  a  gas 
company,  shall  be  fined  not  more  than  five  hundred  dollars  or  im- 
prisoned not  more  than  thirty  days,  or  both. 

Gen.  Code,  1921,  Throckmorton,  Part  First,  Div.  2,  ch.  1,  p.  111. 

Sec.  521  (1906).  Weighing  of  freight. — The  commission  [utilities 
commission]  may  enforce  reasonable  regulations  for  furnishing  cars 
to  shippers,  switching,  loading  and  unloading  them,  and  the  weigh- 
ing of  cars  and  freight  offered  for  shipment  over  any  line  of  railroad. 

Sec.  614-36  (1911).  Standards  of  measurement. — The  commission 
[utilities  commission]  may  ascertain  and  fix  adequate  and  service- 
able standards  for  the  measurement  of  quality,  pressure,  initial 
voltage  or  other  condition  pertaining  to  the  supply  or  quality  or 
the  product  or  service  rendered  by  any  public  utility  and  prescribe 
reasonable  regulations  for  examination  and  testing  of  such  product 


ohio  623 

or  service  and  for  the  measurements  thereof.  It  may  establish 
reasonable  rules,  regulations,  specifications  and  standards  to  secure 
the  accuracy  of  all  meters  and  appliances  for  measurements,  and 
every  public  utility  is  required  to  carry  into  effect  all  orders  issued 
by  the  commission  relative  thereto. 

Sec.  614-37  (al917).  Examinations  and  tests  of  instruments. — The 
commission  may  provide  instruments  for  and  carry  on  the  examina- 
tion and  testing  of  any  and  all  appliances  used  for  the  measurement 
of  any  product  or  service  of  a  public  utility  or  for  the  examination 
and  testing  of  any  devices  or  appliances  of  such  public  utility  used 
for  testing  for  accuracy  any  and  all  appliances  used  for  the  measure- 
ment of  any  product  or  service  of  such  public  utility.  Any  con- 
sumer or  user  may  have  any  such  appliance  tested  upon  payment  of 
the  fees  fixed  by  the  commission.  The  commission  may  declare  and 
establish  reasonable  fees  to  be  paid  for  testing  such  appliances  on  the 
request  of  the  consumers  or  users,  the  fees  to  be  paid  by  the  con- 
sumer or  user  at  the  time  the  request  is  made,  but  to  be  paid  by  the 
public  utility  and  repaid  to  the  consumer  or  user  if  the  appliance 
be  found  commercially  defective  or  incorrect,  to  the  disadvantage 
of  the  consumer  or  user. 

Gen.  Code,  1921,  Throckmorton,  ch.  15,  p.  286. 

Sec.  1141,  as  amended  by  Laws,  1923,  H.  B.  278,  p.  74.  Printed  state- 
ment on  outside  of  package;  contents  of  statement. — Whoever  sells  or 
offers  for  sale  within  this  State  any  feedstuff's  or  condimental  stock 
or  poultry  feeds,  animal  or  poultry  regulators,  conditioners,  tonics, 
or  similar  articles,  for  any  oi:  which  any  food  value  is  claimed  in 
any  manner  by  the  manufacturer  or  seller  thereof,  in  carload  lots 
or  in  bulk  packages  thereof,  shall  furnish  with  each  carload  or 
quantity  in  bulk  or  package  thereof  or  affix  to  each  bag,  barrel  or 
other  package  thereof,  in  a  conspicuous  place  on  the  outside  thereof, 
a  plainly  printed  certificate,  which  shall  state  the  number  of  net 
pounds  in  each  car  or  quantity  in  bulk  or  in  each  package,  the 
name,  brand  or  trade-mark,  wilder  which  it  is  sold  or  offered  for 
sale,  the  name,  and  post-office  address  of  the  manufacturer,  shipper 
or  vendor.     *     *     * 

Sec.  1150  (al911).  Fertilizer  to  bear  statement  of  net  weight. — Each 
person,  firm  or  corporation  who  manufactures,  sells  or  offers  for 
sale  in  the  State  a  commercial  fertilizer  which  means  any  substance 
for  fertilizing  or  manurial  purposes,  except  barnyard  manure,  marl, 
lime  and  plaster,  shall  affix  to  each  package  in  a  conspicuous  place 
on  the  outside  thereof,  a  plainly  printed  certificate  which  shall  state 
the  number  of  net  pounds  contained  therein,  the  name,  brand  or 
trade-mark,  under  which  it  is  sold,  or  offered  for  sale,  the  name 
of  the  manufacturer,  with  his  or  its  post-office  address.     *     *     * 

Gen.  Code,  1921,  Throckmorton,  ch.  17,  p.  312. 

Sec.  1177-44.  Statement  on  outside  of  bulk  package  offered  for  sale; 
contents  of  statement. — Any  person,  company,  corporation  or  agent 
that  shall  sell,  offer  or  expose  for  sale,  any  agricultural  lime  or 
limestone  in  this  State,  shall  affix  or  cause  to  be  affixed,  to  every 
package  or  sample  of  such  agricultural  lime  or  limestone  in  a  con- 
spicuous place  on  the  outside  thereof,  a  tag  or  label  which  shall  be 
517—27 40 


624  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

accepted  as  a  guarantee  of  the  manufacturer,  importer,  dealer,  or 
agent,  and  which  shall  have  plainly  printed  thereon  in  the  English 
language  the  number  of  net  pounds  of  agricultural  lime  or  lime- 
stone in  the  package,  the  name,  brand  or  trade-mark  under  which 
the  agricultural  lime  or  limestone  is  sold,  the  name  of  the  manufac- 
turer, or  shipper,  the  location  of  the  principal  office  of  the  manu- 
facturer    *     *     *. 

Gen.  Code,  1921,  Throckmorton,  c'h.  12,  p.  1446. 

Sec.  5979  (1893).  Central  standard  time. — The  standard  of  time 
throughout  this  State  shall  be  that  of  the  ninetieth  meridian  of 
longitude  west  from  Greenwich,  and  shall  be  known  as  "  central 
standard  time."  Courts,  banks,  public  offices,  and  legal  or  official 
proceedings  shall  be  regulated  thereby;  and  when,  by  a  law,  rule, 
order  or  process  of  any  authority,  created  by  or  pursuant  to  law, 
an  act  must  be  performed  at  or  within  a  prescribed  time,  it  shall 
be  so  performed  according  to  such  standard  of  time. 

Gen.  Code,  1921,  Throckmorton,  ch.  11,  p.  240. 

Sec.  910  (al910).  District  inspector  to  be  sealer  of  weights  and  meas- 
ures.— The  district  inspectors  of  mines  are  hereby  vested  with  all 
the  powers  and  authority  of  county  auditors  as  sealers  of  weights 
and  measures  in  the  different  counties  of  this  State,  but  shall  exercise 
such  authority  in  connection  with  weights  and  measures  at  mines, 
only.  Each  district  inspector  of  mines  may  upon  his  regular  ex- 
amination of  a  mine,  and  shall,  upon  the  written  request  of  the 
duly  authorized  representatives  of  the  miners,  the  owner,  lessee,  or 
agent,  or  the  interested  land  owner,  test  the  accuracy  of  the  scales 
at  any  time,  and  post  in  the  weigh  house  a  certificate  provided  by 
the  chief  inspector  of  mines,  certifying  the  condition  of  the  scales, 
provided  that  such  tests  be  made  at  a  reasonable  time  without  un- 
necessary interference  with  the  use  of  such  scales. 

In  case  of  a  controversy  or  disagreement  between  the  district 
inspector  of  mines,  and  the  owner,  lessee  or  agent  of  a  mine,  or 
persons  working  therein,  or  in  case  of  emergency  requiring  counsel, 
the  district  inspector  of  mines  may  call  upon  the  chief  inspector 
of  mines  for  such  assistance  and  counsel  as  is  necessary. 

Sec.  941.  Test  weights. — The  owner,  lessee  or  agent  of  a  coal  mine, 
at  which  the  earnings  of  ten  or  more  persons  depend  upon  the 
weights  of  coal  mined,  shall  provide  and  keep  accessible  for  the 
purpose  of  testing  the  weigh  scales  as  provided  elsewhere  in  this 
act  the  following  standard  test  weights,  properly  sealed :  Where  the 
coal  mined  is  weighed  upon  hopper  or  pan  scales,  two  standard  test 
weights  of  fifty  pounds  each;  where  the  coal  mined  is  weighed  upon 
railroad  track  scales,  ten  standard  test  weights  of  fifty  pounds  each. 
******* 

Sec.  970.  Check  weighman;  duties,  etc.;  check  measurer. — The  miners 
employed  at  a  mine  where  the  earnings  of  such  miners  depend 
upon  the  weight  of  coal  mined,  may,  at  their  own  cost,  designate 
or  appoint  a  competent  person  as  check  weighman,  who,  at  all 
proper  times,  shall  have  full  right  of  access  to  and  examination 
of  the  scales,  machinery  or  apparatus  used  at  such  mine  to  deter- 
mine the  correct  weight  of  coal  mined,  and  whose  duty  shall  be  to 
see  the  coal  weighed  and  to  make  a  correct  record  of  such  weights. 


ohio  625 

Not  more  than  one  person,  however,  on  behalf  of  the  miners  collec- 
tively shall  have  such  right  at  the  same  time. 

The  landowners,  or  other  persons  interested  in  the  rental  or 
royalty  at  such  mine,  may,  at  their  own  cost,  designate  or  appoint 
a  competent  person  to  act  as  check  weighman  for  them,  who  shall 
have  the  same  rights  as  the  check  weighman  for  the  miners.  Not 
more  than  one  person,  however,  on  behalf  of  the  landowners,  or 
other  persons  interested  in  the  rental  or  royalty,  jointly  shall  have 
such  right  at  the  same  time.  Check  weighman  shall  not  interfere 
with  the  use  of  or  tamper  with  such  scales,  machinery  or  apparatus, 
nor  make  any  false  entry  of  any  weight,  or  in  any  manner  exceed 
the  duties  prescribed  herein. 

The  miners  employed  at  a  mine  where  the  earnings  of  such 
miners  depend  upon  measurements,  may,  at  their  own  cost,  designate 
or  employ,  not  more  than  one  of  their  number  as  check-measurer 
to  accompany  each  mine-foreman  or  other  person  making  the 
measurements  and  see  them  make  such  measurements,  and  made  a 
correct  record  of  same.  Each  mine-foreman  or  other  person  mak- 
ing measurements  may  have  a  helper,  but  such  helper  shall  not  be 
regarded  as  a  person  making  measurements.  The  person  or  per- 
sons designated  as  check-measurer  shall  not  in  any  manner  interfere 
with  or  interrupt  the  work  of  the  mine-foreman  or  other  person, 
while  making  such  measurements. 

Sec.  978-1  (al915).  Payment  shall  be  made  according  to  total  weight 
unless  otherwise  agreed. — Every  miner  and  every  loader  of  coal  in  any 
mine  in  this  State  who  under  the  terms  of  his  employment  is  to  be 
paid  for  mining  or  loading  such  coal  on  the  basis  of  the  ton  or  other 
weight  shall  be  paid  for  such  mining  or  loading  according  to  the 
total  weight  of  all  such  coal  contained  within  the  car  (hereinafter 
referred  to  as  mine  car)  in  which  the  same  shall  have  been  removed 
out  of  the  mine  unless  otherwise  agreed  between  employer  and  miner 
or  loader. 

Sec.  978-6.  Passing  coal  over  screen  to  determine  pay  unlawful; 
penalty. — It  shall  be  unlawful  for  the  employer  of  a  miner  or  loader 
of  the  contents  of  any  car  of  coal  to  pass  any  part  of  such  contents 
over  a  screen  or  other  device,  for  the  purpose  of  ascertaining  or  cal- 
culating the  amount  to  be  paid  such  miner  or  loader  for  mining  or 
loading  such  contents,  whereby  the  total  weight  of  such  contents 
shall  be  reduced  or  diminished  unless  otherwise  agreed  between  em- 
ployer and  miner  or  loader.  Any  person,  firm  or  corporation  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction,  shall  be  fined  for  each  separate  offense 
not  less  than  three  hundred  dollars  nor  more  than  six  hundred 
dollars. 


OKLAHOMA 

Comp.  Stats.,  1921,  Vol.  2,  ch.  92,  Art.  II,  p.  3607. 

Sec.  11193  (1915).  State  bureau  established;  officers;  location. — There 
shall  be  established  a  State  bureau  of  standards  of  weights,  meas- 
ures and  tests  of  all  kinds.  This  bureau  shall  be  located  at  the  State 
University  of  Oklahoma;  which  shall  provide  rooms  and  equipment 
for  its  use.  The  president  of  the  State  University  of  Oklahoma 
shall  appoint  as  director  of  the  bureau  of  standards  a  member  of  the 
regular  faculty  of  the  university.  Upon  the  recommendation  of  the 
director,  the  president  of  the  State  University  of  Oklahoma  shall 
appoint  at  least  two  members  from  the  faculty,  as  assistant  directors. 
The  director  and  assistant  directors  shall  constitute  a  board  of  con- 
trol, of  the  bureau  of  standards.  The  members  of  the  board  of  con- 
trol shall  serve  without  salary. 

Sec.  11194.  Assistants. — In  order  properly  to  carry  on  the  work  of 
the  bureau  of  standards,  the  president  of  the  State  University  of 
Oklahoma  shall  upon  the  recommendation  of  the  board  of  control, 
appoint  as  assistants  to  the  board  of  control,  men  already  in  the 
service  of  the  university,  assigning  to  these  men  such  titles  as  he  de- 
sires. In  case  additional  assistance  is  necessary,  this  assistance  shall 
be  supplied  by  the  State  board  of  education. 

Sec.  11195.  Standards  and  methods;  Federal  standards. — The  board  of 
control  shall  have  charge  of  the  various  standards  of  weights,  meas- 
ures and  testing  devices  received  by  the  State  of  Oklahoma  from 
the  United  States  under  a  resolution  of  Congress,  approved  June 
14,  1836,  and  July  27,  1866,  and  such  additional  standards  as  may 
or  shall  be  received  from  the  United  States  in  the  future.  The 
board  shall  also  have  charge  of  the  various  State  or  office  standards 
purchased  by  the  State  University,  or  by  the  State  for  the  bureau. 

The  board  shall  also  have  charge  and  control  of  the  standard 
methods  of  weighing,  measuring  and  testing  in  the  State.  The 
board  of  control  shall  maintain  the  standards  in  good  order  and  shall 
submit  a  set  of  standards,  called  the  primary  standards,  at  proper 
intervals,  to  the  National  Bureau  of  Standards  for  certification. 

Sec.  11196.  Powers  and  duties;  general  control. — The  bureau  of  stand- 
ards shall  be  available  to  all  State  departments,  municipal  and 
private  corporations  and  citizens  of  the  State.  The  bureau  shall 
be,  for  the  State  of  Oklahoma,  the  highest  official  authority  in  re- 
gard to  standards  of  weights,  measures  and  tests,  and  methods  of 
weighing,  measuring  and  testing.  The  findings  of  the  bureau  of 
standards  in  any  case  or  question  shall  be  considered  prima  facie 
evidence  of  the  correctness  thereof.  All  enforcing  officers  of  weights, 
measures  and  tests  legislation  in  the  State  of  Oklahoma  shall  sub- 
mit their  weighing,  measuring,  and  testing  devices  to  the  State  bu- 
reau of  standards  at  such  periods  as  set  by  the  board  of  control  for 
626 


OKLAHOMA 


627 


certification  and  seal.  The  board  of  control  shall  adopt  a  seal  for 
this  purpose.  The  board  of  control  shall  have  authority  to  place  any 
test  or  question  referred  to  it  to  the  proper  individual  or  laboratory 
in  the  university. 

Sec.  11197.  Fees;  expenses. — The  board  of  control  shall  establish 
fees  for  all  tests  and  certifications  made  by  the  bureau.  The  fees 
shall  in  no  case  exceed  those  established  for  similar  work  by  the 
National  Bureau  of  Standards.  The  fees  shall  be  paid  to  the 
treasurer  of  the  university  and  shall  be  disbursed  by  him  upon  the 
proper  approval  of  the  board  of  [control.  Fees  shall  be  disbursed 
for  meeting-  expenses  of]  *  making  tests  and  for  equipment.  Any 
fees  unspent  at  the  end  of  each  biennium  shall  revert  to  the  State. 

Sec.  11198.  Information  published.— The  bureau  shall  publish  from 
time  to  time  through  the  University  of  Oklahoma  press  for  general 
distribution  such  literature  and  directions  in  regard  to  weights, 
measures  and  tests,  and  methods  of  weighing,  measuring  and  test- 
ing as  deemed  advisable  by  the  board  of  control. 

Sec.  11199.  Report  to  governor. — The  board  of  control  shall  report 
biennially  to  the  governor  of  the  State — this  report  to  cover  the 
details  of  all  operations  of  the  bureau  during  the  biennium.  It  shall 
report  to  each  legislature,  making  such  recommendations  as  it 
deems  advisable  with  reference  to  proper  legislation  on  weights, 
measures  and  tests  and  methods  of  weighing,  measuring  and  testing. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  92,  Art.  1,  p.  3605. 

Sec.  11184  (1910).  Board  of  agriculture  to  enforce  act. — The  State 
board  of  agriculture  shall  be  charged  with  the  duties  of  enforcing 
the  provisions  of  this  chapter. 

Sec.  11185.  Bushel  weights;  ton. — Whenever  the  articles  hereinafter 
named  shall  be  sold  by  the  bushel,  and  no  agreement  as  to  weights 
or  measures  thereof  shall  be  made  by  the  parties,  the  bushel  shall 
consist  of  the  following  number  of  pounds,  Viz : 2 


Salt 

Mineral  coal _      

Pounds 
80 
80 
80 
72 
70 
60 
60 
60 
60 
60 
60 
60 

60 
57 
56 
56 
56 
56 
56 
55 

Buckwheat .      

Carrots 

Rutabagas _    . 

Pounds 
52 
50 

Lime.. .    .    .    ._    _ 

50 

Corn  in  shuck . 

Corn,  unshelledl'-   .. 

Corn  meal...           .. 

Millet 

50 
50 

Wheat 

Beans     - 

Peas .._-.-- 

Split  peas 

Beets _ 

Irish  potatoes.  ..                 _ 

Sorghum  seed 

Eape _   . 

Barley...  _         .     _.   _   .. 
Apples...                            _   . 
Peaches  _!_ 

Pears _ 

Cucumbers . 

Hungarian  grass  seed..  _   . 
Broom  corn  seed  . 
Castor  beans 

50 
50 

48 
48 
48 
48 

Clover  seed     __ 

Alfalfa  and  alsike  (or  Swedish) 

seed 

Onions 

48 
48 
48 
46 

Rye- 

Corn,  shelled 

Tomatoes..  ... 
Timothv  seed ... 

45 
45 

Flax  seed     ..       L.   . . 

Green  peas  (unshelled) _ 

Parsnips.              .        _    _ 
Hemp  seed.. 

44 
44 

Kaffir  corn _   . 

Sweet  potatoes 

Common  turnips 

Bermuda  grass  seed 

42 
40 

1  The  portion  inclosed  in  brackets  is  not  given  in  the  Complied  Statutes  of  1921,  but 
appears  In  the  session  laws  for  1915. 

2  l'"or  convenience  in  printing  a  slight  change  has  been  made  In  arrangement  of  thesa 
articles. 


628  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 


Pounds 

Malt 38 

Osage  orange  seed 36 

Dried  peaches 33 

Oats 32 

Cotton  seed 32 

Top  onion  sets 28 

Dried  apples 24 


Pounds 


Peanuts 22 

Bran 20 

Blue  grass  seed 14 

Red  top  seed 14 

Orchard  grass  seed 14 

Coke 3  2,680 

Charcoal 3  2,680 


A  ton  shall  consist  of  two  thousand  pounds  of  the  article  or  com- 
modity named. 

Sec. '11186  (1890).  Hay,  ton  of.— A  ton  of  hay  shall  consist  of  two 
thousand  pounds,  or,  by  measurement,  three  hundred  and  forty- 
three  cubic  feet,  after  the  same  shall  have  been  stacked  thirty  days, 
or  such  time  as  may  be  agreed  upon  between  the  parties. 

Sec.  11187.  Perch  of  stone. — A  perch  of  mason  work,  or  stone,  is 
hereby  declared   to  consist  of  twenty-five   feet  cubic  measure. 

Sec.  11188  (1910).  Standard  weights  of  mill  products. — Mill  products 
hereinafter  mentioned  shall  have  the  following  standard  weights : 
Barrels  of  flour,  in  wood,  one  hundred  and  ninety-six  pounds  net; 
half  barrels,  in  wood,  ninety-eight  pounds  net ;  one-fourth  barrels,  in 
sacks,  forty-eight  pounds  gross ;  one-eighth  barrels,  in  sacks,  twenty- 
four  pounds  gross.  Corn  meal,  in  sacks,  thirty-five  pounds  gross; 
half  sacks,  seventeen  and  one-half  pounds  gross;  one-fourth  sacks, 
eight  and  three-fourths  pounds  gross.  And  all  feed  made  from 
cereals  of  any  kind,  whether  pure,  mixed,  or  adulterated,  one  hun- 
dred pounds  per  sack  gross. 

Sec.  11189.  JTame  and  weight  stamped  on  package. — The  correct 
name  and  tr.iie  weight  of  the  contents  of  each  and  every  barrel,  box, 
sack,  bale,  cask  or  package  of  any  of  the  foregoing  products,  whether 
sold  in  single  packages  or  lots,  shall  be  plainly  marked,  branded  or 
stenciled  in  letters  and  figures,  not  less  than  two  inches  in  length 
and  not  less  than  one-eighth  of  an  inch  in  width,  upon  the  exterior 
of  such  barrel,  box,  sack,  bale,  cask  or  package,  in  a  conspicuous 
place  as  the  head  in  case  of  barrel,  and  the  front  or  branded  side  in 
case  of  sacks,  bales  or  packages,  and  it  shall  be  unlawful  for  any 
person,  firm  or  corporation,  or  the  agent,  employee,  or  representa- 
tive of  any  firm  or  corporation  to  sell  or  exchange  any  such  product 
so  packed  or  contained  until  the  provisions  hereof  have  been  com- 
plied with. 

Sec.  11190.  Violation;  penalty;  separate  offense. — If  any  person  shall 
knowingly  violate  the  provisions  of  this  chapter,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  twenty-five  dollars,  nor  more  than  one 
thousand  dollars,  and  each  violation  shall  be  deemed  a  separate 
offense,  which  fine  or  fines  shall  be  recovered  in  any  court  of  com- 
petent jurisdiction,  without  bond  or  advance  costs. 

Sec.  11191.  Obstructing  inspectors. — Any  manufacturer,  dealer  or 
other  person  who  shall  impede,  obstruct,  hinder  or  otherwise  pre- 
vent or  attempt  to  prevent  any  inspector  or  other  person  in  the 
performance  of  his  duty  in  connection  with  this  chapter  shall  be 
guilty  of  a  misdemeanor  and  shall,  upon  conviction,  be  fined  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars. 

3  Cubic  inches  per  bushel. 


OKLAHOMA  629 

Sec.  11192.  Seizure  of  products  for  violation. — Any  member  of  the 
board  of  agriculture  shall  have  the  privilege  of  seizing  any  mill 
product  and  cereal  sold  in  the  State  in  violation  and  contravention 
of  the  provisions  of  this  chapter,  and  may  proceed  by  writ  of  pro- 
visional seizure  against  the  mill  products  and  cereals  so  sold  in  the 
hands  of  whomsoever  they  may  be  and  wheresoever  he  may  find 
them,  regardless  of  the  residence  of  the  owner  thereof,  to  recover 
the  fines  and  penalties  due  for  the  illegal  sale  thereof,  by  presenting 
a  petition  to  a  competent  judge  or  magistrate,  within  whose  juris- 
diction said  mill  products  and  cereals  are  found,  stating  on  oath 
at  the  foot  of  the  petition  the  amount  and  nature  of  the  demand, 
the  mill  products  or  cereals  on  which  the  privilege  exists,  and  pray- 
ing that  the  mill  products  and  cereals  be  seized  to  satisfy  the  claim 
and  pay  the  costs  of  the  suit. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  35,  Art.  6,  p.  2138. 

Sec.  5735  (al917).  Public  weigher;  election. — At  each  general  elec- 
tion there  shall  be  elected  in  each  county  a  county  judge,  *  *  * 
a  public  weigher,  *  *  *  who  shall  hold  office  for  a  term  of  two 
years,     *     *     * 

Comp.  Laws,  1921,  Vol.  2,  ch.  35,  Art.  15,  p.  2185. 

Sec.  5943  (1908).  Who  eligible. — No  person  shall  be  eligible  to  the 
office  of  public  weigher  who  is  not,  at  the  time  of  his  appointment  or 
election,  a  legal  voter,  resident  in  his  county. 

Sec.  5945.  Deputy  weighers. — The  public  weigher  may  appoint  one 
or  more  deputies  in  each  precinct  of  his  county,  which  deputy  shall 
have  all  the  powers  conferred  upon  the  public  weigher,  and  shall  be 
answerable  to  all  the  penalties  prescribed  for  the  violation  of  this 
article;  *  *  *  Deputy  weighers  shall  be  confined  in  their  juris- 
diction to  the  limits  of  their  respective  precincts.  They  shall  keep 
a  record  of  their  transactions  as  herein  prescribed  for  the  public 
weigher,  which  record  shall  be  open  at  all  times  to  public  inspection : 
Provided ',  That  all  deputy  weighers  appointed  under  the  provisions 
of  this  article  shall,  before  entering  upon  the  duties  of  their  office,  be 
approved  by  the  board  of  county  commissioners. 

Sec.  5946.  Office,  etc.,  scales  to  be  provided. — The  public  weigher  shall 
hold  an  office  at  the  county  seat,  said  office  being  provided  by  such 
public  weigher  at  his  own  expense,  and  he  shall  also  provide  his  own 
record  books,  blanks,  stationery;  and  in  no  event  shall  the  State 
become  liable  for  any  of  the  expenses  incurred  in  the  operation  of 
the  office  of  public  weigher.  All  books,  reports,  or  other  records  in 
the  office  of  such  public  weigher,  or  of  any  deputy  weigher,  shall  be 
delivered  to  their  successors  in  office.  All  public  weighers,  and  all 
deputy  weighers  shall  provide,  at  their  expense,  by  purchase  or  lease, 
all  scales  essential  for  conducting  their  business,  and  in  no  event 
shall  the  State  become  liable  for  the  cost  thereof. 

Sec.  5947  (al909).  Sheriff  to  inspect  scales  used  by  weigher;  violation, 
penalty  for;  fees  for  inspecting  public  scales;  special  test  of  scales. — 
It  shall  be  the  duty  of  the  sheriff  of  each  county,  in  person 
or  by  his  regular  deputies,  to  inspect  and  test  all  scales  used 
by  the  public  weigher,  or  any  deputy  weigher,  and  such  scales 
shall  be  tested  with  the  United  States  standard  weights;  and 
such  sheriff  shall  place  his  seal  upon  all  such  tested  scales,  at   a 


630  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

conspicuous  place,  which  seal  shall  be  prima  facie  evidence  of  such 
test,  and  such  test  shall  be  made  once  each  three  months,  upon  all 
scales  so  used.  Said  sheriff  shall  make  a  report  in  writing,  setting 
forth  the  date  of  such  test,  the  result  thereof,  and  specifying  the 
scales  so  tested,  together  with  the  name  of  the  public  weigher  or 
deputy  weigher  using  such  scales,  and  where  the  same  are  located. 
Such  report  shall  be  filed  in  the  office  of  the  county  clerk  within  five 
days  after  the  inspection  is  made.  Said  sheriff,  or  the  deputy  mak- 
ing such  test,  shall  verify  each  report  so  filed,  stating  that  the  same 
is  a  correct,  true  and  exact  report  of  the  condition  of  the  scales  men- 
tioned therein,  and  any  failure  upon  the  part  of  the  sheriff  to  com- 
ply with  the  provisions  of  this  section  shall  be  a  misdemeanor,  and 
upon  conviction  shall  subject  such  offending  official  to  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars  for  each  scale  so 
omitted  from  inspection;  and  any  sheriff  making  a  misstatement  of 
facts,  or  who  reports  any  scale  to  he  in  a  condition  other  than  their 
[its]  true  condition,  shall  be  deemed  guilty  of  false  swearing,  and 
upon  conviction  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  less  than  one,  nor  more  than  two  years :  Provided,  how- 
ever, That  a  sheriff  or  any  deputy  sheriff  shall  receive  as  compensa- 
tion for  inspecting  any  public  scales  of  any  such  public  weigher  or 
deputy  weigher,  the  sum  of  one  dollar  for  each  scale  inspected :  Pro- 
vided, further,  That  if  as  many  as  five  citizens  sign  a  written  request 
to  the  sheriff,  designating  any  public  scale  and  asking  for  an  official 
inspection  thereof,  such  sheriff  shall  comply  with  such  request  and 
make  such  inspection  and  test  at  any  time,  not  oftener,  however,  than 
once  each  thirty  days,  and  the  fees  allowed  for  such  special  inspection 
and  test  shall  be  the  same  as  above  provided :  And  provided,  further, 
That  the  sheriff  or  his  deputy  shall  have  the  same  authority  for  regu- 
lating all  scales,  either  public  or  private,  if  they  be  used  to  weigh  for 
the  public,  either  with  or  without  hire. 

Sec.  5948  (1907-8).  Duties  of—It  shall  be  the  duty  of  every  public 
weigher,  or  duputy  [deputy]  weigher,  within  his  county,  to  receive, 
inspect  and  weigh,  according  to  the  standard  weights  of  the  United 
States,  all  cotton,  grain  of  every  kind,  livestock,  hay,  cotton-seed, 
coal,  wood,  broomcorn  and  all  other  farm  products  sold  by  weight, 
and  such  articles  shall  be  weighed  by  such  weigher  in  the  order  in 
which  they  are  received,  and  he  shall,  at  the  time  of  such  weighing, 
make  a  record  in  duplicate  form,  either  upon  a  stub  attached,  or  by  a 
carbon  duplicate  sheet,  such  records  to  be  in  a  binding  and  kept  for 
future  reference.  Such  record  shall  contain  a  statement  as  to  the 
article,  its  gross  and  net  weight,  its  condition  and  the  date  of  its 
weighing,  together  with  the  description  of  any  marks,  brands,  or  other 
peculiarity  essential  to  the  complete  description  thereof.  A  copy  of 
such  entry  shall  be  furnished  the  person  applying  for  such  weights. 
Said  statement  of  the  record  of  each  weight  shall  be  signed  by  the 
official  weigher,  and  all  such  weights,  when  so  made  by  the  public 
weigher,  shall  be  taken  as  the  legal  weight  of  any  commodity  men- 
tioned in  this  section. 

Sec.  5949  (1909).  Books  and  records  open  to  inspection. — The  books 
and  records  of  all  county  weighers  or  deputy  weighers  shall  at  all 
times  be  open  to  inspection  by  any  citizen. 


OKLAHOMA  631 

Sec.  5950  (al919) .  Weights  official ;  person  who  shall  not  he  weighers. — 
The  purchaser  of  an  article  weighed  upon  the  official  scales  of  any 
county  weigher  or  deputy  county  weigher,  shall  receive  and  accept 
such  weights  as  official  and  correct,  and  no  person,  not  a  county 
weigher  or  deputy  county  weigher  shall  hold  himself  out  as  such,  or 
be  allowed  to  weigh  any  of  the  before  mentioned  articles  offered  for 
sale :  Provided,  That  nothing  herein  shall  prevent  the  purchaser  and 
seller  of  cotton  or  other  products  from  agreeing  upon  the  proper 
dockage  of  the  cotton  or  article  sold  wh:ch  may  be  net.  No  person 
shall  be  appointed  as  a  county  weigher  or  deputy  county  weigher 
or  weigh  for  the  public  who  is  in  any  wise  interested  as  a  dealer  or 
speculator,  or  as  an  agent  or  employee  of  any  firm,  company  or  cor- 
poration in  the  sale  or  purchase  of  cotton,  grain,  livestock,  hay,  cot- 
ton-seed, broom-corn,  and  all  other  farm  products  sold  by  weight. 

Sec.  5951  (1909).  Cattle  to  be  weighed,  when. — Wherever  and  when- 
ever cattle  are  bought  or  sold,  either  for  shipment  or  slaughter,  and 
the  buyer  or  seller  shall  so  demand,  such  cattle  shall  be  weighed  by 
the  public  weigher,  the  fee  to  be  paid  equally  by  the  seller  and 
purchaser.  At  all  places  where  cattle  are  bought  and  sold  either 
for  slaughter  or  shipment,  the  public  weigher  shall  provide  a  safe 
and  sufficient  enclosure  around  his  scales,  so  that  cattle  can  be 
weighed  in  lots  of  five  or  more  at  one  draft. 

Sec.  5952.  Penalty  for  violating  two  preceding  sections. — Any  person, 
firm  or  corporation  who  shall  violate  any  of  the  provisions  of  the 
two  preceding  sections  shall  be  liable  to  the  public  weigher  for 
damages  in  a  sum  not  to  exceed  five  dollars  for  each  load  or  draft  so 
unlawfully  weighed,  to  be.  recovered  in  any  court  having  competent 
jurisdiction  thereof. 

Sec.  5953.  Things  not  required  to  be  weighed. — Nothing  in  the  provi- 
sions of  this  article  shall  be  construed  so  as  to  prohibit  any  person 
from  weighing  his  own  products;  and  this  article  shall  not  be  so 
construed  as  to  require  the  weighing  of  vegetables,  poultry,  eggs  or 
dairy  products. 

Sec.  5954  (1907-8).  Violations  of  this  article;  penalties. — Any  public 
weigher  or  deputy  weigher  violating  any  of  the  provisions  of  this 
article,  or  refusing  to  receive  and  weigh  any  commodity  herein,  or 
who  incorrectly  weighs  the  same,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars,  in  the  discretion  of  the 
court ;  he  may  be  removed  from  office ;  and  any  person,  either  a  pur- 
chaser or  dealer,  in  any  of  the  commodities  weighed  upon  such 
private  scales  who,  with  intent  to  cheat  or  defraud  any  person,  firm 
or  corporation  with  plates,  sand  packs,  false  packs  or  water  packs 
in  cotton,  uses  any  device,  trick  or  scheme  for  the  purpose  of  obtain- 
ing false  weights  to  his  advantage,  or  to  the  disadvantage  of  any 
person,  firm  or  corporation,  and  every  ginner  of  cotton  or  any  other 
person  who  is  a  party  to  such  defrauding,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars,  and  upon 
the  second  conviction  any  such  person  shall  be,  in  addition  to  said 
fine,  confined  in  the  county  jail  not  less  than  thirty  nor  more  than 
one  hundred  and  twenty  days.  Any  public  weigher  or  deputy 
weigher,  or  any  other  person  who  knows  of  the  perpetration  of 


632  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

any  such  deception  or  fraud,  shall  make  a  report  thereof  to  the 
grand  jury  of  his  county,  and  if  it  be  the  public  weigher,  or  the 
deputy  weigher,  he  shall  file  a  written  report  with  the  records  of 
his  office,  setting  forth  the  facts,  naming  the  person  guilty  of  such 
deception,  and  the  failure  to  so  report  shall  subject  the  party  01 
weigher  to  a  fine  of  not  less  than  five  nor  more  than  twenty-five 
dollars.  Any  person,  firm  or  corporation  who,  in  violation  of  the 
provisions  of  this  article,  weighs  any  of  the  products  mentioned 
herein  for  other  persons,  and  who  exacts  or  receives  any  charges 
therefor,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  lined  not  less  than  ten  nor  'more  than  one  hundred 
dollars:  Provided,  however,  That  any  person,  firm  or  corporation 
may  weigh  any  product  for  any  other  person,  if  such  person,  firm 
or  corporation  so  weighing  is  a  bona  fide  purchaser  of  such  product; 
but  no  charges  shall  be  made  or  received  for  such  weighing  under 
the  penalty  aforesaid. 

Comp.  Stats.,  1921,  Vol.  2,  eh.  20,  Art.  4,  p.  1612. 

Sec.  3707  (1909).  Record  kept  by  ginners.— It  shall  be  the  duty  of 
all  ginners  or  owners  of  cotton  gins  in  this  State  to  brand,  number, 
and  place  upon  each  bale  of  cotton,  whether  round  or  square,  ginned 
and  baled  at  their  respective  gins,  the  name  of  the  ginner  and  the 
owner,  and  the  number  and  weight  of  the  bale  so  ginned,  each 
ginner  beginning  with  number  one  each  ginning  season,  and  contin- 
uing consecutively  with  each  bale  ginned  to  the  close  of  the  ginning 
season ;  which  brand,  names  and  number  shall  be  recorded  in  a  book 
kept  at  such  gin  for  that  purpose :  Provided,  That  no  brands  or 
marks  shall  be  placed  on  the  sample  side  of  any  bale  of  cotton. 

Sec.  3711.  Penalty  for  violation. — Any  person  who  shall  fail  to  com- 
ply with  the  provisions  of  this  article  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  fined  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars.. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  43,  Art.  1,  p.  2311. 

Sec.  6431  (1909).  Fees. — A  public  weigher,  or  any  deputjr  weigher, 
shall  receive  for  his  services  in  weighing  any  article,  the  following 
schedule  of  fees :  Ten  cents  for  each  load  or  draft  weighed  separate- 
ly :  Provided,  That  such  public  Aveigher  shall  not  be  allowed  compen- 
sation for  any  extra  weighing  which  may  be  essential  in  determining 
the  net  weight  of  any  article  or  load.  The  public  weigher,  or  any 
deputy  weigher,  shall  be  allowed  and  is  hereby  granted  a  lien  upon 
any  article  or  product  weighed  for  the  fees  above  mentioned,  and 
such  fee  shall  attach  to  and  follow  such  article  into  the  hands  of 
the  purchaser,  and  shall  not  be  barred  or  canceled  by  any  sale  or 
transfer  of  such  article  during  the  day  upon  which  the  article 
is  weighed:  Provided,  That  deputy  weighers  shall  be  allowed  to 
retain  as  their  compensation  the  sum  of  eight  cents  for  each  load  or 
draft  weighed  separately;  the  residue  of  the  price  allowed  here- 
under shall  be  paid  by  the  deputies  to  the  county  weigher  at  the 
close  of  the  month. 

Comp.  Stats.,  1921,  Vol.  1,  ch.  6,  Art.  58,  p.  1105. 

Sec.  2196.  False  weights  and  measures;  fine. — If  any  person  with 
intent  to  defraud,  use  a  false  balance,  weight  or  measure,  in  the 


OKLAHOMA  633 

weighing  or  measuring  of  anything  whatever  that  is  purchased,  sold, 
bartered,  shipped  or  delivered,  for  sale  or  barter,  or  that  is  pledged, 
or  given  in  payment,  he  shall  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars  nor  less  than  five  dollars,  or  by  imprison- 
ment in  the  county  jail  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment,  and  shall  be  liable  to  the  injured  party  in 
double  the  amount  of  damages. 

Sec.  2197.  Retention  is  punishable. — Any  person  who  retains  in  his 
possession  any  weight  or  measure,  knowing  it  to  be  false,  unless  it 
appears  beyond  a  reasonable  doubt  that  it  was  so  retained  without 
intent  to  use  it  or  permit  it  to  be  used  in  violation  of  the  last  section, 
shall  be  punished  as  therein  provided. 

Sec.  2198.  May  be  seized. — Any  person  who  is  authorized  or  en- 
joined by  law  to  arrest  another  person  for  violation  of  the  first 
two  sections  of  this  article,  is  equally  authorized  and  enjoined  to 
seize  any  false  weights  or  measures  found  in  the  possession  of  the 
person  so  arrested,  and  to  deliver  the  same  to  the  magistrate  before 
whom  the  person  so  arrested  is  required  to  be  taken. 

Sec.  2199.  May  be  tested  arid  destroyed;  indictment. — The  magistrate 
to  whom  any  weight  or  measure  is  delivered,  pursuant  to  the  last 
section,  shall,  upon  examination  of  the  accused,  or  if  the  examination 
is  delayed  or  prevented,  without  awaiting  such  examination,  cause 
the  same  to  be  tested  by  comparison  with  standards  conformable  to 
law;  and  if  he  finds  it  to  be  false,  he  shall  cause  it  to  be  destroyed, 
or  to  be  delivered  to  the  county  attorney  of  the  county  in  which  the 
accused  is  liable  to  indictment  or  trial,  as  the  interests  of  justice 
in  his  judgment  require. 

Sec.  2200.  Shall  be  destroyed,  when. — Upon  the  conviction  of  the 
accused,  such  county  attorney  shall  cause  any  weight  or  measure 
in  respect  whereof  the  accused  stands  convicted,  and  which  remains 
in  the  possession  or  under  the  control  of  such  county  attorney,  to  be 
destroyed. 

Sec.  2201.  Stamping  false  weights  or  false  tare. — Any  person  who 
knowingly  marks  or  stamps  false  or  short  weight,  or  false  tare  on 
any  cask  or  package  or  knowingly  sells  or  offers  for  sale  any  cask 
or  package  so  marked  is  guilty  of  a  misdemeanor. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  29,  Art.  11,  p.  1833. 

Sec.  4566°.  Regulations  of  weights  and  measures. — The  council  may 
prescribe  rules  for  the  weighing  and  measuring  of  every  commodity 
sold  in  the  city,  in  all  cases  not  otherwise  provided  for  by  law,  anil 
may  provide  for  the  inspection  and  weighing  of  hay,  grain  and  coal, 
the  measuring  of  wood  and  fuel,  and  determine  the  place  or  places 
of  the  same,  and  regulate  and  prescribe  the  place  or  places  of  expos- 
ing of  [for]  sale,  hay,  coal  and  wood,  and  fix  the  fees  and  duties  of 
the  persons  authorized  to  perform  the  duties  named  in  this  section. 

(Applicable  to  cities  of  the  first  class.)4 

Comp.  Stats.,  1921,  Vol.  2,  ch.  91,  p.  3576. 

Sec.  11081  (1899).  Public  warehouse  scales  tested.—  *  *  *  All 
scales  used  for  the  weighing  of  property  in  public  warehouses  shall 
be  subject  to  examinaton  and  test  by  any  duly  authorized  inspector, 

4  Cities  of  2,000  population  or  more  may  become  cities  of  the  first  class  upon  petition 
of  35  per  cent  of  electors. 


634  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

the  expense  of  such  tests  by  inspector  to  be  paid  by  the  warehouse- 
man where  scales  are  so  tested;  and  no  scales  shall  be  used  for  the 
weighing  of  grain  after  being  found  incorrect,  until  put  in  order  and 
found  accurate  and  approved  for  further  use  by  an  authorized 
inspector. 

Sec.  11082.  Penalty  for  violation. — Except  as  herein  otherwise  pro- 
vided, a  violation  of  any  of  the  preceding  provisions  of  this  article, 
by  any  warehouseman,  owner,  lessee,  manager  or  employee  of  public 
warehouses  created  by  this  act  [article]  is  declared  a  m.sdemeanor, 
and,  upon  conviction  thereof,  the  violators  shall  be  fined  not  less 
than  one  thousand  nor  more  than  five  thousand  dollars,  one- fourth 
of  such  fine  to  be  awarded  and  paid  to  the  informer  of  such  mis- 
demeanor. 

Sec.  11121  (1919).  Scales,  weights  and  grades. — The  person,  firm, 
company  or  corporation  owning  a  bonded  warehouse  shall  maintain 
sufficient  scales  and  equipment  for  weighing  and  keeping  records  of 
all  products  stored  and  shall  place  upon  the  certificate  the  weight 
and  grade  as  determined  to  the  best  of  his  ability. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  79,  p.  2923. 

Sec.  8838,  as  amended  by  Laws,  1925,  ch.  177,  p.  280.  Misbranding  of 
food. — Food  shall  be  deemed  mislabeled  within  the  meaning  of  this 
article  in  any  of  the  following  cases: 

Third.  If  in  package  form  and  the  contents  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  53,  p.  2518. 

Sec.  7085  (1905).  Water,  standard  measure  of  flow  and  volume, — The 
standard  of  measurement  of  the  flow  of  water  shall  be  the  cubic 
foot  per  second  of  time ;  the  standard  measurement  of  the  volume  of 
water  shall  be  the  acre  foot,  being  the  amount  of  water  upon  an 
acre  covered  one  foot  deep,  equivalent  to  forty -three  thousand  five 
hundred  sixty  cubic  feet. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  20,  Art.  9,  p.  1624. 

Sec.  3760  (1905).  Commercial  fertilizer,  net  weight  to  be  marked. — 
Every  person,  firm  or  corporation  who  shall  sell,  expose  or  offer  for 
sale,  within  the  limits  of  the  State  any  commercial  fertilizer,  shall 
affix  to  every  package,  in  a  conspicuous  place  on  the  outside  thereof, 
a  plainly  printed  certificate,  stating  the  number  of  net  pounds  in  the 
package  sold  or  offered  for  sale,  the  name  of  the  brand  or  trade- 
mark under  which  the  article  is  sold,  the  name  of  the  manufacturer 
and  the  place  of  manufacture.     *     *     * 

Sec.  3771.  Tax  tag;  net  weight  to  be  marked. — Every  lot  or  parcel 
of  concentrated  commercial  stuffs  as  defined  in  section  1  [3769],  of 
this  act,  used  for  feeding  farm  live  stock,  sold,  offered  or  exposed  for 
sale  in  the  State  of  Oklahoma  for  use  within  this  State,  shall  have 
printed  on  a  tax  tag,  *  *  *  a  plainly  printed  statement  clearly 
and  truly  certifying: 

(a)  The  number  of  net  pounds  of  feeding  stuff  in  the  pack- 

n     •  •£  SB  *•* 

(d)  The  name  and  address  of  the  manufacturer  or  importer ;  *    *    * 


OKLAHOMA  635 

Comp.  Stats.,  1921,  Vol.  2,  ch.  30,  p.  4874. 

Sec.  4939  (1908).  Bill  of  lading  for  coal  to  show  weight.— Whenever 
any  coal  is  shipped  over  any  common  carrier  from  any  point  within 
the  State  of  Oklahoma  to  any  other  point  within  the  said  State,  the 
common  carrier  transporting  such  coal  shall  issue  a  bill  of  lading 
stating  the  true  weight  of  the  coal  so  transported. 

Sec.  4940.  Coal  weighed  at  destination;  liability  for  shortage. — When 
said  coal  arrives  at  its  destination,  the  said  carrier  shall  cause  the 
same  to  be  weighed  at  that  point,  provided  it  has  scales  at  that  point, 
and  if  not,  then  it  shall  cause  said  coal  to  be  weighed  at  the  nearest 
track  scales  on  its  line  between  the  point  of  shipment  and  the  point 
of  destination,  and  if  the  weight  of  said  coal  at  the  point  of  delivery 
is  less  than  the  weight  set  out  in  the  bill  of  lading,  the  carrier  deliver- 
ing to  the  consignee  shall  be  liable  to  the  consignee  for  all  deficiencies 
in  weight,  less  the  natural  shrinkage,  which  shall  not  exceed  one  per 
cent  for  a  one  hundred  and  fifty  mile  haul  or  less  and  one  and  one- 
half  per  cent  on  more  than  a  one  hundred  and  fifty  mile  haul; 
and  the  measure  of  damage  of  the  consignee  for  such  deficiency  or 
shortage  shall  be  the  value  of  the  deficiency  at  the  point  of  destina- 
tion less  freight  thereon  if  the  freight  has  not  been  paid;  and  in 
weighing  cars  of  coal  they  shall  be  detached  from  the  train,  and  in 
the  event  the  loss  or  shortage  does  not  occur  on  the  delivering  line 
the  carrier  delivering  to  the  consignee  shall  be  entitled  to  recover 
from  the  carrier  upon  whose  line  the  loss  or  shortage  occurred,  such 
amount  for  the  loss  or  shortage  as  the  carrier  delivering  to  the 
consignee  may  be  required  to  pay  to  the  consignee  as  may  be  evi- 
denced by  any  receipt,  judgment  or  transcript  thereof. 

Sec.  4941.  Connecting  lines. — In  case  any  coal  shipped  shall  be 
carried  over  the  lines  of  the  connecting  carriers,  the  carrier  receiving 
said  coal  shall  cause  the  correct  weight  thereof  to  be  placed  in  the 
bill  of  lading,  and  such  coal  shall  be  reweighed  when  delivered  to  the 
connecting  carrier,  and  the  value  of  the  coal  at  the  point  of  destina- 
tion shall  be  the  measure  of  damages. 

Sec.  4942.  Refusal  to  weigh;  consignee  may  weigh,  when. — In  case 
the  carrier  shall  fail  or  refuse  to  weigh  said  coal  at  its  destination 
or  at  the  nearest  track  scales  to  the  point  of  destination  between  said 
point  and  the  point  of  shipment,  the  consignee  may  weigh  said  coal, 
and  his  weights  shall  be  prima  facie  evidence  of  the  amount  of  coal 
received,  and  the  carrier  shall  be  liable  in  damages  as  set  out  in  this 
article  for  any  shortage  between  the  actual  quantity  received  at  the 
point  of  destination  and  the  amount  named  in  the  bill  of  lading: 
Provided^  That  if  the  consignee  shall  have  the  coal  weighed  at  the 
point  of  destination,  on  other  than  track  scales,  an  allowance  of  ten 
pounds  per  ton  shall  be  deducted  from  the  weight. 

Sec.  4943.  Refusal  to  weigh;  penalty. — Any  agent,  servant  or  em- 
ployee of  any  carrier  who  shall  fail  or  refuse  to  weigh  any  coal  at  its 
point  of  destination,  or  shall  knowingly  or  wilfully  make  false 
weights  of  such  coal,  or  in  case  there  are  no  track  scales  at  the  point 
of  destination  at  the  nearest  track  scales  passed  in  its  transit  from 
its  point  of  shipment,  such  agents,  servants  or  employees  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  one  hundred  dollars,  or  be  im- 
prisoned not  less  than  thirty  days  nor  more  than  sixty  days  or  both 
such  fine  and  imprisonment. 


636  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  4944.  Shipments  into  State. — Whenever  any  coal  shall  be 
brought  into  this  State  by  any  carrier  where  the  point  of  shipment 
is  outside  of  the  State,  the  same  shall  be  weighed  by  the  carrier  at 
the  nearest  track  scales  within  the  State  to  the  State  line,  and  after 
being  so  weighed,  as  to  its  further  carriage  all  of  the  provisions  of 
this  article  shall  apply  thereto  in  the  same  manner  as  if  the  shipment 
originated  within  this  State. 

Sec.  4945.  In  case  of  dispute  over  shortage. — In  case  any  contention 
shall  arise  between  the  consignee  and  the  carrier  in  regard  to  the 
shortage  of  coal  on  any  car,  the  car  shall  be  weighed  first  while 
loaded  and  then  the  empty  car  shall  be  weighed  again  and  the  actual 
gross  and  net  weights  shall  be  ascertained,  and  the  stencil  weight  of 
any  car  marked  thereon  shall  not  be  taken  in  any  case  as  a  true 
weight  of  said  car. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  68,  p.  2744. 

Sec.  8011  (1915).  Gas  companies  to  use  meters. — That  all  persons, 
firms,  corporations  or  other  business  organizations  engaged  in  the 
business  of  furnishing  natural  gas  in  municipalities  in  this  State,  to 
the  inhabitants  thereof,  shall  do  so  through  standard  meters  at  me- 
ter rates :  Provided,  That  this  act  shall  only  apply  to  towns  where 
the  population  exceeds  five  hundred,  and  shall  not  prohibit  the  sale  of 
gas  at  a  flat  rate  to  Federal,  State  or  municipally  owned  buildings, 
institutions  or  plants:  Provided  further,  That  this  act  shall  not 
abrogate  any  existing  contract,  or  effect  or  change  the  terms  or  condi- 
tions of  any  franchise  granted  by  any  municipal  corporation  prior 
to,  and  in  effect  April  28th,  1913. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  20,  p.  1588. 

Sec.  3738  (1919).  Marking  of  glassware,  manufacturer's  bond. — Any 
and  all  pieces  of  testing  glassware  shipped  into  or  manufactured 
within  the  State  shall  have  clearly  blown,  or  otherwise  permanently 
marked,  in  the  side  of  the  bottle,  the  word  "  Sealed,"1  and  in  the  side 
or  bottom  of  the  piece  the  name,  initials  or  the  trade-mark  of  the 
manufacturer  and  designating  number,  which  designating  number 
shall  be  different  for  each  manufacturer  and  may  be  used  in  iden- 
tifying the  bottles.  The  designating  number  shall  be  furnished  by 
the  State  dairy  commission  or  commissioner  upon  application  by  the 
manufacturer,  and  upon  filing  by  the  manufacturer  of  a  bond  in 
the  sum  of  one  thousand  dollars,  with  sureties  to  be  approved  by  the 
attorney  general,  conditioned  upon  their  conformance  with  the  re- 
quirements of  those  sections  relating  to  specifications  therefor.  A 
record  of  the  bonds  furnished  the  designating  numbers,  and  to  whom 
furnished,  shall  be  kept  in  the  office  of  the  State  dairy  commission  or 
commissioner. 

Sec.  3739.  Penalty. — Any  manufacturer  who  sells  testing  glassware 
to  be  used  in  this  State  that  fails  to  comply  with  the  specifications 
in  the  section  relating  thereto,  shall  suffer  the  penalty  of  five  hundred 
dollars,  to  be  recovered  by  the  attorney  general  in  an  action  against 
the  offender's  bondsmen,  to  be  brought  in  the  name  of  the  people 
of  the  State. 

Sec.  3740.  Inspection  and  tests. —  (a)  State  inspectors  of  dairy  prod- 
ucts are  required  to  examine  all  glassware  in  creameries,  cream  sta- 
tions and  in  all  other  places  where  milk  or  cream  is  bought  or  sold 


OKLAHOMA  637 

by  test,  as  provided  in  this  act,  for  butter-fat,  and  determine  whether 
such  glassware  is  properly  marked  and  sealed,  and  shall  be  required 
from  time  to  time  to  collect  samples  of  glassware  to  be  calibrated 
and  examined  by  the  experiment  station  chemist  of  Oklahoma,  for 
the  purpose  of  determining  the  capacity  of  the  graduated  portions 
of  the  necks  of  test  bottles  and  whether  or  not  the  glassware  meets 
all  the  provisions  of  the  sections  pertaining  thereto. 

(b)  All  users  of  glassware  where  milk  or  milk  products  are  bought 
or  sold  on  a  butter-fat  test,  shall  be  required  to  submit,  within  ninety 
days  after  this  act  shall  go  into  effect,  all  pieces  of  glassware  to  be 
used  by  them  to  the  experiment  station  chemist  of  Oklahoma,  to 
be  calibrated,  and  such  pieces  as  pass  inspection  shall  be  permanently 
marked  with  the  letters  "  S.  D.  C."  and  returned  at  the  owner's 
expense:  Provided,  That  nothing  in  this  act  shall  apply  in  case  of 
violations  of  provisions  in  this  section. 

Sec.  3741.  Standard  test  bottles. — The  standard  test  bottles  for  milk 
shall  have  a  capacity  of  two  cubic  centimeters  for  each  ten  per  cent 
marked  on  the  necks  thereof. 

The  necks  of  the  standard  milk  test  bottles  shall  be  graduated  from 
zero  to  ten  per  cent  and  the  graduated  scale  shall  be  seventy-five 
millimeters  in  length,  with  an  allowable  tolerance  of  five  milli- 
meters either  above  or  below.  The  graduated  scale  shall  be  plainly 
divided  into  per  cent  and  fifty  per  cent  divisions  by  lines  of  different 
lengths.  Each  per  cent  graduation  shall  be  numbered  and  the  toler- 
ance for  the  entire  graduated  scale  or  for  either  half  thereof  shall 
not  exceed  one-tenth  of  one  per  cent. 

(a)  Milk  pipettes  shall  deliver  17.6  cubic  centimeters  of  distilled 
water,  the  last  drop  being  expelled  by  pressing  the  finger  over  the 
suction  tube  and  holding  the  bulb  of  the  pipette  in  the  hand. 

(b)  When  filled  with  water  at  20°  C.  delivery  shall  be  in  4  to  8 
seconds.  The  tolerance  in  excess  of  [or]  deficiency  shall  not  exceed 
0.05  cubic  centimeters. 

(c)  Cream  Test  Bottles:  Cream  test  bottles  shall  be  of  three 
types  and  shall  comply  with  the  following  specifications : 

Type  A — Fifty  per  cent,  9  gram,  6  inches,  one-half  per  cent  grad- 
uation: Each  ten  per  cent  of  the  neck  of  the  bottle  shall  represent 
a  volume  of  one  cubic  centimeter. 

The  neck  of  the  bottle  shall  be  graduated  from  zero  to  fifty  per 
cent  and  the  graduated  scale  shall  be  ninety  millimeters  in  length, 
with  an  allowable  tolerance  of  ten  millimeters  above  or  below.  The 
graduated  scale  shall  be  plainly  divided  into  five  per  cent,  one  per 
cent  and  one-half  per  cent  divisions  by  lines  of  different  lengths. 
Each  five  per  cent  or  ten  per  cent  graduation  shall  be  numbered. 
The  allowable  tolerance  for  calibration  shall  not  exceed  one-half 
per  cent  for  the  entire  graduated  scale  or  for  either  half  thereof. 

Type  B — Thirty  per  cent,  eighteen  grams,  six  inches  one-half  per 
cent  graduations:  Each  five  per  cent  on  the  neck  of  the  bottle  shall 
represent  a  volume  of  one  cubic  centimeter.  The  neck  of  the  bottle 
shall  be  graduated  from  zero  to  thirty  per  cent,  and  the  graduated 
scale  shall  be  seventy-five  millimeters  in  length.  All  other  specifica- 
tions are  to  be  the  same  as  type  A. 

Type  C — Fifty  per  cent,  18  grams,  9  inches,  one-half  per  cent  grad- 
uations: The  neck  of  the  bottle  shall  be  graduated   from  zero  to 


638  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

fifty  per  cent  and  the  graduated  scale  shall  be  one  hundred  and 
twenty-five  millimeters  in  length,  with  an  allowable  tolerance  of 
five  millimeters,  either  above  or  below,  each  five  per  cent  on  the 
neck  of  the  bottle  shall  represent  a  volume  of  one  cubic  centimeter. 
All  other  specifications  are  to  be  the  same  as  for  type  A. 

Sec.  3742.  Testing  dairy  products. — It  shall  be  unlawful  for  any 
person,  by  himself,  his  servant  or  agent,  or  as  the  servant  or  agent 
of  another,  to  falsely  manipulate  or  underread  or  overread  or  make 
any  false  determination  by  the  test  as  provided  in  this  act,  or  any 
other  contrivance  used  for  determining  the  quality  or  value  of 
milk  or  cream  delivered  to  a  creamery,  cheese  factory,  cream  receiv- 
ing station,  ice  cream  factory,  or  at  any  other  place  when  sold  or 
purchased.     Cream  shall  be  tested  by  weight  only. 

All  tests  must  be  free  from  curd,  charr  or  other  foreign  matter, 
and  shall  be  read  at  a  temperature  of  130  degrees  to  140  degrees 
F.  and  glymol  shall  be  used  to  reduce  the  meniscus,  before  the 
reading  is  taken  on  cream  tests. 

Sec.  3743.  Cream  sales. — Cream  test  scales  shall  be  sensitive  and  ac- 
curate to  one-tenth  part  of  one  gram.  The  test  of  accuracy  shall 
be  made  by  noting  the  action  of  the  scale  when  a  100  mg.  weight 
is  placed  on  the  pan  when  the  scale  is  in  a  balanced  position. 

Sec.  3744.  Penalty. — Anyone  violating  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  shall,  upon  con- 
viction, be  fined  not  less  than  twenty-five  dollars,  nor  more  than 
fifty  dollars,  or  imprisoned  in  the  county  jail  for  thirty  days,  or 
both  such  fine  and  imprisonment. 

Comp.  Stats.,  1921,  Vol.  2,  ch.  63,  p.  2665. 

Sec.  7621  (1908).  Screening  coal;  weighing  same;  penalty. — It  shall 
be  unlawful  for  any  mine  owner,  lessee,  or  operator  of  coal  mine 
employing  miners  who  are  paid  by  the  quantity  of  coal  mined  by 
them,  to  use  any  other  than  a  recognized  standard  scale  or  to  pass 
the  output  of  coal  mined  by  said  miners,  over  any  screen  or  any 
other  device  until  the  same  shall  have  been  weighed  and  duly  cred- 
ited to  the  miner  sending  the  same  to  the  surface  and  accounted 
for  at  the  legal  rate  of  weights,  *  *  *  and  any  owner,  agent 
or  operator  of  any  coal  mine  who  shall  knowingly  violate  any  of 
provisions  of  this  section,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  two 
hundred  nor  more  than  five  hundred  dollars  for  each  offense,  or 
by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than 
sixty  days  nor  more  than  six  months  or  by  both  such  fine  and 
imprisonment. 

Sec.  7623  (1907-8).  Cheekweighman,  rights  of. — The  miners  em- 
ployed by  or  engaged  in  working  for  any  mine  owner,  operator  or 
lessee  of  any  mine  in  this  State,  shall  have  the  privilege,  if  they 
desire,  of  employing,  at  their  own  expense,  a  check-weighman,  who 
shall  have  equal  rights,  powers  and  privileges  in  the  weighing  of 
coal  with  the  regular  weighman,  and  shall  subscribe  to  the  same  oath 
as  regular  weighman.  Said  oath  shall  be  kept  conspicuously  posted 
in  the  weigh  office  and  any  regular  weigher  of  coal  or  person  so 
employed  who  shall  knowingly  violate  any  of  the  provisions  of  this 
or  the  next  preceding  section,  or  any  owner,  operator  or  agent  of 
any  coal  mine  in  this  State  who  shall  forbid  or  hinder  miners  employ- 


OKLAHOMA  639 

ing  or  using  check- weighman,  in  the  discharge  of  his  duties,  shall  be 
deemed  quilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  for  each  offense  or  by  imprisonment,  of 
not  less  than  thirty  days  nor  more  than  six  months.  Whenever  the 
chief  mine  inspector'  shall  be  satisfied  that  the  provisions  of  this 
section  have  been  so  violated  it  shall  be  his  duty  to  prosecute  the 
person  guilty  thereof. 

Sec.  7624  (al910).  Standard  scales;  fraudulent  weighing. — Every 
owner,  operator  or  agent  of  any  coal  mine  in  this  State  employing 
miners  at  bushel  or  ton  rates,  shall  provide  at  such  mine  accurate 
and  suitable  scales,  of  standard  manufacture,  upon  which  shall  be 
accurately  weighed  all  coal  coming  out  of  such  mine  before  being 
screened  or  placed  in  railroad  cars;  said  scales  to  be  located  at  a 
reasonable  distance  from  the  point  where  the  coal  is  delivered  to 
the  surface  opening  of  the  mine ;  and  any  owner,  agent  or  operator, 
having  or  using  any  scales  for  the  purpose  of  weighing  the  product 
of  the  miner's  labor,  who  shall  by  arrangement  or  construction  of 
scales  or  by  any  contrivance  therewith  connected,  causes  any  fraud- 
ulent weighing  of  such  coal,  or  who  shall  knowingly  resort  to,  permit 
or  employ  any  person  or  means  whatever,  by  reason  of  which  said 
product  of  the  miners'  labor  is  not  correctly  weighed  and  the  true 
weight  reported  in  accordance  with  the  provisions  of  this  article, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction 
for  each  offense  be  punished  by  a  fine  of  not  less  than  two  hundred 
dollars,  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  a  period  of  not  less  than  sixty  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  7625  (1908).  Inspection  of  mine  scales;  penalty. — The  chief 
mine  inspector  and  assistant  mine  inspector,  shall  be  ex-officio  in- 
spectors of  weights,  measures  and  scales  used  at  coal  mines,  and 
it  shall  be  their  duty  to  test  all  scales,  and  if  defects  or  irregulari- 
ties are  found  in  such  scales  which  prevent  correct  weights  and 
measurements,  the  inspector  shall  call  the  attention  of  the  mine 
owner,  agent  or  operator  to  said  defects,  and  shall  direct  the  same 
be  at  once  properly  adjusted  and  corrected,  and  if  such  owner, 
agent  or  operator  shall  refuse  to  put  such  scales  in  proper  adjust- 
ment and  condition,  so  that  the  same  shall  correctly  weigh  the  coal, 
after  being  notified  by  the  inspector  to  do  so,  such  owner,  agent  or 
operator  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction therefor  shall  be  fined  not  exceeding  five  hundred  dollars 
or  be  confined  not  exceeding  six  months  in  the  county  jail,  or  both. 

517—27 41 


OREGON 

Oregon  Laws,  1920,  Vol.  2,  Title  43,  ch.  10,  p.  3085. 

Sec.  8112  (1854).  Standards  established. — The  weights  and  measures, 
together  with  the  scales  and  beams,  and  those  made  in  conformity 
therewith,  which  are  now  or  may  hereafter  be  deposited  in  the 
treasury  of  this  State,  shall  be  preserved  by  the  treasurer  x  and  be 
the  public  standards  in  this  State. 

Sec.  8083.  Treasurer  of  State  to  be  sealer. — The  treasurer  of  the  State 
shall  be  the  sealer  of  weights  and  measures,  and  he  shall  have  and 
keep  a  seal,  which  shall  be  so  formed  as  to  impress  the  word  "  Ore- 
gon "  upon  the  weights  and  measures,  scales,  and  beams,  to  be  sealed 
by  him,  with  which  he  shall  seal  all  such  authorized  public  stand- 
ards of  weights  and  measures,  and  all  the  weights  and  measures, 
scales  and  beams,  to  be  provided  by  the  several  counties  when  exam- 
ined by  said  treasurer  and  found  to  be  in  conformity  with  the 
standard  weights  and  measures,  scales  and  beams,  aforesaid. 

Sec.  8084  (1913).  Deputy  State  sealer,  authority  of. — The  State  treas- 
urer shall  appoint  a  deputy  State  sealer  of  weights  and  measures 
who  shall  have  authority  throughout  the  State  to  test  such  scales, 
weights,  measures,  or  any  device  used  to  ascertain  the  quantity  of 
any  commodity,  and  to  enter  any  place  of  business  at  all  reasonable 
hours  for  such  purpose  of  ascertaining  whether  the  law  is  being 
complied  with  in  relation  to  the  use  of  weights  and  measures  or 
the  giving  of  full  weight  and  measure  in  trade. 

Sec.  8085.  Supervisory  control. — It  will  be  the  duty  of  the  deputy 
State  sealer  of  weights  and  measures  to  exercise  general  supervisory 
control  over  the  inspection  of  weights  and  measures  in  use  through- 
out the  State,  and  to  investigate  all  trades  and  trade  customs  or 
practices  of  every  description  which  have  a  tendency  in  his  judg- 
ment toward  dishonesty  in  the  use  of  weights  and  measures  or  in 
the  buying  or  selling  of  any  commodity  by  weight  or  measure. 

Sec.  8086.  Violation;  duty  of  deputy  State  sealer  in. — It  shall  be  the 
duty  of  the  deputy  State  sealer  of  weights  and  measures  whenever 
he  has  knowledge  of  the  violation  of  any  State  law  relating  to  the 
subject  of  weights  and  measures  to  institute  or  cause  to  be  instituted 
criminal  proceedings  for  the  prosecution  of  any  person,  firm  or 
corporation  responsible  for  such  violation  of  the  law. 

Sec.  8087.  Violation,  proceedings  under. — It  shall  be  the  duty  of  the 
prosecuting  attorney  in  each  district  to  represent  the  State  in  any 
procedure  for  the  violation  of  the  State  law  brought  under  this  act. 

Sec.  8088.  Standards,  testing  and  sealing  of. — It  shall  be  the  duty  of 
the  deputy  State  sealer  of  weights  and  measures  to  try,  prove  and 
seal  with  the  seal  of  the  State  all  proper  standards  sent  to  him  by  the 

1  See  Laws,  1923,  ch.  271,  infra,  by  which  the  duties  of  the  State  treasurer  in  the 
capacity  of  State  sealer  of  weights  and  measures  are  to  be  transferred  to  the  State 
market  agent  after  the  expiration  of  the  incumbency  of  the  present  State  treasurer. 

640 


OREGON  641 

properly  authorized  sealer  of  any  county,  municipality  or  town  with- 
in the  State. 

Sec.  8089.  Purchase  of  standards  and  equipment. — The  State  sealer 
of  weights  and  measures  is  hereby  authorized  to  procure  at  the  ex- 
pense of  the  State  such  standards  and  other  equipment  as  may  be 
necessary  for  the  proper  execution  of  the  duties  under  this  law, 
and  to  procure  and  use  such  standards  only  as  have  been  passed  upon 
as  correct  by  the  National  Bureau  of  Standards  of  the  United  States, 
and  such  other  standards  that  have  heretofore  been  adopted  or  may 
hereafter  be  adopted  by  the  State  of  Oregon. 

Sec.  8090.  Standards,  testing  and  proving  of. — The  standards  in  pos- 
session of  the  State  sealer  of  weights  and  measures  obtained  through 
and  passed  upon  by  the  National  Bureau  of  Standards  of  the  United 
States,  shall  be  at  least  once  in  ten  years  tested  by  the  National 
Bureau  of  Standards,  and  such  standards  shall  be  known  and  recog- 
nized as  the  State  standards  of  Oregon. 

Sec.  8091.  Assistants,  appointment  of. — The  State  sealer  of  weights 
and  measures  is  further  authorized  and  empowered  to  appoint  such 
assistant  and  clerical  aid  as  may  be  necessary  to  place  in  practical 
operation  the  provisions  of  this  act. 

Sec.  8092.  Report. — It  shall  be  the  duty  of  the  State  sealer  of 
weights  and  measures  to  embody  in  his  biennial  report  the  proceed- 
ings under  this  act,  accompanied  with  a  detailed  statement  of  ex- 
penses thereof,  and  such  other  information  or  recommendations  as  he 
may  deem  proper. 

Sec.  8093  (1915).  Weights  and  measures  districts,  how  formed;  district 
sealer,  appointment  of;  counties  pay  salary  and  expenses  pro  rata. — That 
the  State  treasurer,  as  State  sealer,  is  hereby  authorized  and  directed 
to  divide  the  State  into  not  to  exceed  four  weights  and  measures  dis- 
tricts; said  districts  to  be  formed  from  counties  contiguous  to  each 
other;  he  shall  appoint  a  person  residing  in  each  of  said  districts  as 
his  deputy  under  the  name  and  title  of  district  sealer  of  weights 
and  measures. 

Said  district  sealer  shall  receive  his  actual  traveling  expenses  and 
a  salary  of  not  to  exceed  one  hundred  dollars  per  month;  said  ex- 
penses and  salary  shall  be  paid  pro  rata  by  each  of  the  counties 
comprising  the  district,  upon  certification  of  the  State  treasurer, 
as  to  amount  due :  Provided,  however,  That  such  expenses  as  may  be 
incurred  by  the  district  sealer  shall  not  exceed  eight  hundred  and 
fifty  dollars  in  any  one  district  in  any  one  year. 

Upon  receipt  of  the  certificate  of  the  State  treasurer  showing  the 
amount  due  from  his  county  for  the  services  of  said  district  sealer, 
the  county  clerk  of  that  county  shall  draw .  a  warrant  for  said 
amount  upon  the  county  treasurer  in  favor  of  said  district  sealer  in 
the  same  manner  that  warrants  are  drawn  for  the  payment  of  salaries 
of  county  officers. 

Sec.  8094.  Pro  rata  share  based  on  population. — The  pro  rata  share 
of  each  county  shall  be  apportioned  by  the  State  treasurer,  according 
to  the  population  of  the  several  counties  comprising  the  district  as 
shown  by  the  last  regular  United  States  census :  Provided,  That  any 
city  that  may  or  does  provide  for  local  inspection  shall  not  be  in- 
cluded as  a  part  of  the  population  of  that  county  within  which  it  is 
located. 


642  LAWS   CONCERNING  WEIGHTS   AND  MEASURES 

Sec.  8095.  Rearrangement  of  districts. — The  State  sealer  may,  at  any 
time  when  in  his  best  judgment  he  deems  it  advisable  for  the  more 
efficient  or  economical  administration  of  the  law,  change  or  rear- 
range the  counties  comprising  the  districts :  Provided,  That  such 
change  or  rearrangement  will  require  not  more  than  four  districts,  as 
heretofore  mentioned. 

Sec.  8096.  Provide  for  keeping  equipment. — The  county  court  of  that 
county  within  which  the  district  sealer  has  his  residence  shall  provide 
such  district  sealer  with  a  suitable  and  convenient  place  for  keeping 
such  standards  or  equipment  as  may  be  necessary. 

Sec.  8097.  Removal  of  district  sealers;  duties. — The  district  sealers 
shall  serve  at  the  direction  and  under'  the  supervision  of  the  State 
treasurer,  as  State  sealer,  and  may  be  removed  by  him  for  incom- 
petency, inefficiency  or  inattention  to  duty.  All  duties  required 
by  law  to  be  discharged  by  county  sealers  in  connection  with  the 
supervision  of  weights  and  measures,  or  authority  delegated  to  them, 
shall,  from  and  after  the  taking  effect  of  this  act,  be  discharged  by 
the  said  district  sealers. 

Sec.  8098.  Deputy  State  sealer;  duties. — Under  the  direction  of  the 
State  treasurer,  as  State  sealer,  the  deputy  State  sealer  shall  have 
and  keep  general  supervisory  control  over  inspection  of  weights  and 
measures,  and  weighing  and  measuring  devices,  offered  for  sale,  sold, 
or  in  use  in  the  State.  He,  or  district  sealers  at  his  direction,  shall, 
upon  the  written  request  of  any  citizen,  firm,  corporation  or  educa- 
tional institution  in  the  State,  test  or  calibrate  weights,  measures,  and 
weighing  or  measuring  devices  used  as  standards  in  the  State.  He, 
or  district  sealers  at  his  direction,  shall,  at  least  once  annually,  test 
the  scales,  weights  and  measures  used  in  checking  the  receipts  or 
disbursements  of  supplies  in  every  State  institution  for  the  mainte- 
nance of  which  moneys  are  appropriated  by  the  legislature,  and 
he  shall  report  in  writing  his  findings  to  the  State  board  of  control 
and  to  the  executive  officer  of  the  institution  concerned.  He  shall,  at 
the  request  of  such  State  board  of  control  or  executive  officer  of 
any  State  institution,  appoint,  in  writing,  an  employee  then  in  the 
actual  service  of  such  institution,  who  shall,  without  receiving  addi- 
tional compensation,  act  as  special  deputy,  for  the  purpose  of  check- 
ing the  receipts  and  disbursements  of  supplies. 

Sec.  8099  (1913).  Testing,  sealing  and  condemning. — It  shall  be  the 
duty  of  the  county  [district]  sealer  of  weights  and  measures,  within 
the  county  [district]  for  which  he  is  appointed,  to  visit  at  least 
once  in  each  year  during  his  term  of  office  every  place  of  business 
where  any  scale,  weight  or  measure,  or  any  device  for  ascertaining 
the  quantity  of  any  commodity,  is  kept  for  the  purpose  of  trade, 
and  try,  test  and  prove  such  scale,  weight,  or  measure,  or  such  device 
for  ascertaining  the  quantity  of  any  commodity,  and  where  they  are 
found  to  be  accurate  shall  seal  the  same  with  the  seal  to  be  kept 
by  him  for  that  purpose,  and  when  found  to  be  inaccurate  shall 
condemn  the  same  and  mark  with  a  tag  forbidding  the  further  use 
thereof  until  made  to  comply  with  the  county  standards:  Provided, 
That  where,  in  the  judgment  of  the  county  [district]  sealer  of 
weights  and  measures,  such  scale,  weight,  or  measure,  or  device  for 
ascertaining  the  quantity  of  any  commodity  is  needed  for  use  as 
evidence  in  the  trial  of  any  case,  he  shall  take  the  same  into  his 


OREGON  643 

possession  there  to  await  a  decision  of  a  competent  court  of  justice, 
who  shall,  in  addition  to  any  other  penalty  provided  by  law,  order 
the  destruction  thereof  where  it  appears  that  the  same  was  used 
with  intent  to  defraud  or  is  incapable  of  repair  or  correct  ad- 
justment. 

Sec.  8100.  Reports. — It  shall  be  the  duty  of  the  county  [district] 
sealer  of  weights  and  measures  to  file  with  the  county  court  and  the 
State  sealer  of  weights  and  measures  not  later  than  the  first  clay  of 
September  of  each  year  a  report  covering  the  activities  of  his  office 
for  the  preceding  year,  together  with  a  statement  of  the  expenses 
thereof,  and  such  other  information  or  recommendations  as  may  be 
proper,  or  the  State  sealer  of  weights  and  measures  may  require. 

Sec.  8101.  Criminal  proceedings,  instituting. — It  shall  be  the  duty  of 
the  county  [district]  sealer  of  weights  and  measures,  whenever  he 
has  knowledge  of  the  violation  of  any  State  law  relating  to  the 
subjects  of  weights  and  measures,  to  institute  criminal  proceedings 
for  the  prosecution  of  any  person  or  persons,  firm  or  corporation 
responsible  for  such  violation :  Provided,  however,  That  none  of  the 
provisions  of  this  act  shall  be  so  construed  as  to  give  any  county 
[district]  sealer  the  right  to  exercise  his  authority  within  the  cor- 
porate limits  of  any  city  located  within  the  bounds  of  the  county 
for  which  such  county  [district]  sealer  shall  have  been  appointed 
where  such  city  has  provided,  or  may  hereafter  provide,  by  ordi- 
nance, for  the  appointment  of  a  city  sealer  of  weights  and  measures. 

Sec.  8102.  Salaries  and  expenses,  how  paid. — The  salary  and  expenses 
of  the  deputy  State  sealer  of  weights  and  measures  required  to  en- 
force the  provisions  of  this  act,  the  salary  of  the  assistant  deputy 
State  sealer  and  stenographer,  which  assistant  deputy  and  stenog- 
rapher the  State  sealer  is  hereby  authorized  to  employ  in  his 
discretion,  and  all  other  expenses  of  every  kind  incurred  in  carrying 
out  the  provisions  of  this  act  shall  be  paid  from  the  general  fund 
of  the  State  in  the  same  manner  as  other  State  salaries  and  expenses 
are  paid. 

Sec.  8103.  Ordinances  not  limited  by  act. — None  of  the  provisions  of 
this  act  shall  be  construed  as  in  any  way  limiting  the  rights  of  any 
city  regularly  incorporated,  within  the  State,  to  enforce  any  ordi- 
nance, or  ordinances,  which  it  may  have  heretofore,  or  any  hereafter 
enact,  providing  for  the  sealing  of  weights  and  measures,  or  regulat- 
ing the  method  of  sale  of  any  commodity  usually  sold  by  weight  or 
measure,  unless  such  ordinance  or  ordinances  are  in  conflict  with  the 
standards  of  weights  and  measures  as  adopted  by  this  State. 

Sec.  8104  (1915).  Tolerances  and  specifications;  unlawful  to  use  differ- 
ent weights  and  measures. — The  deputy  State  sealer  shall  prescribe 
such  tolerances  and  specifications  for  weights  or  measures  as  he  may, 
in  his  judgment,  deem  necessary  for  the  proper  protection  of  the 
public,  and  it  shall  be  unlawful  for  any  person  to  offer  or  expose 
for  sale,  sell  or  use  such  weights  or  measures  for  commercial  purposes 
as  are  made  contrary  to  such  specifications  or  that  do  not  come  within 
the  prescribed  tolerance :  Provided,  however,  That  such  tolerances  and 
specifications  as  he  may  prescribe  shall  conform  to  any  statute  oi 
the  State  relating  to  same,  or  to  such  as  have  been  recommended  by 
the  National  Bureau  of  Standards.  Such  tolerances  and  specifica- 
tions, when  prescribed,  shall  be  followed  in  making  all  inspections 


644  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

and  tests  throughout  the  State.  A  weight  or  measure  defined  as  cor- 
rect shall  be  understood  and  construed  to  mean  only  such  one  as  con- 
forms to  the  "  standard  "  within  the  tolerance  prescribed  and  which 
complies  with  such  specifications  as  are  applicable  to  it;  all  other 
weights  or  measures  shall  be  understood  and  construed  to  be  incorrect, 
and  in  violation  of  law. 

Sec.  8105.  Weights  and  measures  condemned  for  repairs;  confiscation 
of,  when;  destruction  of,  when. — Such  weights  or  measures  as  are 
incorrect  and  yet  may  be  repaired,  shall  be  marked  or  tagged  as  "  con- 
demned for  repairs,"  and  the  owners  or  users  shall  have  the  same 
repaired  within  such  time  as  the  deputy  State  sealer  or  the  district 
sealer  may  require,  and  any  weight  or  measure  or  weighing  or  meas- 
uring device  that  has  not  been  repaired  within  the  required  time  may 
be  confiscated  and  such  weight  or  measure  as  is,  in  their  best  judg- 
ment, not  susceptible  to  satisfactory  adjustment  or  repair  may  be 
taken  into  their  possession,  and  shall  be  held  for  a  period  of  thirty 
days  next  ensuing,  at  the  expiration  of  which  time,  if  no  action  at  law 
or  suit  in  equity  has  been  brought  for  the  recovery  of  the  same,  it 
may  be  destroyed. 

Sec.  8106.  Scale  out  of  balance. — It  shall  be  unlawful  for  any  person 
to  have  in  his  possession,  maintain  for  use  or  use  any  scale  for  com- 
mercial purposes,  which  is  out  of  balance. 

Sec.  8107.  Weights  and  measures  not  sealed. — It  shall  be  the  duty  of 
the  district  sealers  to  seal  all  such  weights  and  measures  and  weighing 
and  measuring  devices  as  are  found  correct,  after  test,  with  an  ap- 
propriate seal,  the  design  for  which  shall  be  furnished  by  the  deputy 
State  sealer:  Provided,  however,  That  weights  used  in  connection 
with  scales,  graduates,  milk  bottles  and  similar  glass  measures  need 
not  be  sealed. 

Sec.  8108.  Eepresent  State. — It  shall  be  the  duty  of  the  district 
attorney  in  each  district  to  represent  the  State  in  any  procedure  for 
the  violation  of  the  State  law  brought  under  this  act. 

Sec.  8109.  Certain  State  regulations  shall  be  followed. — None  of  the 
provisions  of  this  act  shall  be  construed  as  in  any  way  limiting  the 
right  of  any  city  regularly  incorporated  within  the  State  from 
enforcing  any  ordinance  or  ordinances  which  it  may  have  heretofore 
or  may  hereafter  enact  relating  to  weights  and  measures :  Provided, 
hoxoever,  That  such  ordinance  shall  not  establish  standards  of  weight 
or  measure  in  relation  to  the  sale  of  commodities  other  than  such 
as  will  conform  to  those  adopted  by  the  State :  And  be  it  further  pro- 
vided, That  such  specifications,  tolerances  and  regulations  apper- 
taining to  the  testing,  sealing,  condemning  or  confiscation  of  weights, 
measures  or  weighing  or  measuring  devices  established  or  adopted  by 
the  State  shall  be  followed  by  such  city  in  making  inspections  and 
tests. 

Sec.  8110.  Special  sealers  may  enforce  State  laws. — The  State  sealer 
and  the  deputy  State  sealer  of  weights  and  measures  shall  have  such 
authority  as  is  authorized  and  conferred  upon  them  within  the  limits 
of  such  city,  and  the  State  sealer  is  hereby  authorized,  at  his  discre- 
tion, to  appoint  as  special  sealers,  the  person  or  persons  who  mav 
for  the  time  being,  hold  the  position  of  city  sealer  or  deputy  city 
sealer,  within  such  city,  to  enforce  the  provisions  of  this  act  within 
the  limits  of  such  city,  and  such  person  or  persons  so  appointed 
shall  receive  no  additional  compensation  therefor. 


OREGON  645 

Sec.  8111.  Authority  limited. — None  of  the  provisions  of  this  act 
shall  be  construed  as  in  any  way  authorizing  or  empowering  a  district 
sealer  to  exercise  any  authority  conferred  upon  him,  within  such 
city,  so  having  provided  for  local  inspection  of  weights  and  measures. 

Sec.  8113.  Dry  measures;  unlawful  to  use;  to  sell  by  net  weight  or 
numerical  count;  boxes  and  baskets;  contracts. — From  and  after  the 
passage  and  adoption  of  this  act,  it  shall  be  unlawful  to  use  or 
employ  any  dry  capacity  measure  as  a  means  to  determine  the 
amounts2  or  quantities  of  commodities  offered  or  exposed  for  sale 
or  sold. 

All  commodities  heretofore  commonly  sold  by  dry  measure  shall, 
from  and  after  the  taking  effect  of  this  act,  be  sold  upon  the  basis 
of  net  weight  or  by  numerical  count. 

Dry  capacity  measures,  within  the  meaning  of  this  section,  shall 
be  construed  to  be  the  bushel,  half-bushel,  peck,  half-peck,  quarter- 
peck,  quart,  pint,  half -pint  and  similar  measures. 

Boxes,  baskets  and  similar  containers,  the  capacities  of  which  have 
been  established  by  law,  shall  not  be  construed  as  being  dry  capacity 
measures. 

Any  and  all  existing  contracts  in  which  quantities  are  estimated 
or  arrived  at  by  dry  capacity  measure  or  from  the  bushel  weights 
as  at  present  established  by  law  shall  be  in  force  until  matured: 
Provided,  however,  That  all  contracts  made  after  the  taking  effect 
of  this  act  shall  establish  the  amounts  or  quantities  of  commodities 
contracted  for  therein  by  net  weight  or  numerical  count. 

Sec.  8114.  Dry  commodity  by  liquid  measure. — It  shall  be  unlawful 
to  offer  or  expose  for  sale  or  sell  any  dry  commodity  by  liquid 
measure. 

Sec.  8115.  Sale  of  firewood,  coal  and  ice. — Firewood  shall  be  sold  by 
the  cord  or  fraction  of  a  cord ;  coal  shall  be  sold  by  the  ton  or  frac- 
tion of  a  ton;  ice  shall  be  sold  by  weight,  and  in  all  sales  of  fire- 
wood, coal  or  ice  a  definite  statement  shall  be  made  to  the  purchaser 
as  to  the  amounts  or  quantities  thereof. 

Sec.  8116.  Coal,  carload  shipments,  net  weight  governs. — In  all  ship- 
ments of  coal  received  within  this  State,  in  carload  lots  containing 
twenty-five  tons  or  more,  the  net  weight  of  the  coal  at  the  destina- 
tion point  shall  govern,  unless  expressly  contracted  for  otherwise. 

Sec.  8117.  Capacity  of  fuel  tanks,  range  boilers. — When  the  capacity 
of  fuel  tanks,  range  boilers  or  similar  receptacles  is  marked  thereon, 
such  mark  or  marks  shall  indicate  the  true  capacity. 

Sec.  8118.  Oysters,  how  sold. — It  shall  be  ivnlawful  to  offer  or  expose 
for  sale  or  sell  any  shelled  oysters,  uncooked,  in  any  other  manner 
than  by  numerical  count,  weight,  or  standard  liquid  measure,  and 
it  shall  be  unlawful  to  include,  as  a  part  of  the  weight  or  the  meas- 
ure, any  water  or  liquid  in  any  greater  amount  than  sixteen  per  cent 
of  the  weight  or  measure  of  the  oysters  offered  or  exposed  for  sale 
or  sold ;  within  the  meaning  of  this  section,  to  determine  the  amount 
of  water  or  liquid  included,  the  oysters  shall  be  well  drained. 

Sec.  8119.  Less  than  quantity  represented. — It  shall  be  unlawful  for 
any  person  or  persons,  to  offer  or  expose  for  sale  or  sell  less  than 
the  quantity  represented,  or  who,  as  the  buyer,  furnished  the  weight 
or  measure  by  means  of  which  the  amount  of  the  commodity  is  deter- 

•  See  also  sec.  8138. 


646  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

mined,  to  take  more  than  the  quantity  represented  or  to  sell  any 
commodity  in  a  manner  contrary  to  law. 

Sec.  8120  (1913).  False  certificate  of  weight. — It  shall  be  unlawful 
for  any  person,  firm  or  corporation,  owning  or  operating  any  scale 
for  hire  or  award,  to  give  a  false  certificate  of  weights  to  any  person, 
firm  or  corporation,  and  every  person,  firm  or  corporation  owning 
or  operating  a  scale  for  hire  or  award  shall  keep  a  record  of  all 
weighings  made,  and  shall  on  demand  of  the  party  interested,  report 
the  correct  weight  in  writing  of  any  article  or  articles  to  the  owner 
or  purchaser  thereof. 

Sec.  8121.  False  certificate  of  weight. — It  shall  be  unlawful  for  any 
person,  firm  or  corporation  using  any  scale,  weight  or  measure,  or 
any  device  for  ascertaining  the  quantity  of  any  commodity,  to  give 
any  false  certificate,  or  make  any  false  statement  as  to  the  weight  or 
measure  of  such  commodity,  to  any  person  whereby  such  person, 
or  any  other  person,  firm  or  corporation  shall  suffer  loss  or  in- 
jury. 

Sec.  8122  (al915).  Net  weight  required. — It  shall  be  unlawful,  in 
selling  any  commodity  by  weight  or  measure,  to  include  the  weight 
or  measure  of  anything  other  than  the  weight  or  measure  of  such 
commodity  so  sold :  Provided,  hoioever,  That  this  shall  not  be  so  con- 
strued as  to  interfere  with  the  right  of  contract  as  between  parties. 
It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  use  any 
false  weight  or  measure,  or  to  sell  any  commodity  at  a  greater  weight 
or  measure  than  its  true  weight  or  measure,  or  where  the  buyer  is 
the  weigher  or  measurer,  to  take  any  greater  weight  or  measure  than 
the  true  weight  or  measure. 

Sec.  8123  (1913).  Interfering  with  officer. — It  shall  be  unlawful  for 
any  person  to  interfere  in  any  way  with  any  officer  charged  with  the 
enforcement  of  the  provisions  of  this  act  while  such  officer  is  engaged 
in  the  performance  of  his  duty,  as  herein  provided,  or  to  alter,  erase, 
change  or  remove  any  tag  or  seal  placed  by  such  officer  in  the  per- 
formance of  his  duty  upon  scale,  weight  or  measure. 

Sec.  8124.  Cord  of  wood. — The  standard  of  a  cord  of  wood  within 
the  State  shall  be  one  hundred  and  twenty-eight  cubic  feet  of  wood, 
well  piled. 

Sec.  8125.  Standard  ton  of  coal;  long  ton. — The  standard  for  a  ton 
of  coal,  within  this  State,  shall  be  two  thousand  pounds,  avoirdupois 
weight,  unless  the  so-called  long  ton,  twenty-two  hundred  forty 
pounds,  is  expressly  contracted  for. 

Sec.  8126  (al917).  Standard  boxes  for  berries. — The  standard  boxes 
or  baskets  used  in  the  sale  of  strawberries,  blackberries,  loganberries, 
raspberries,  or  similar  berries,  shall  be  of  the  interior  capacity 
of  sixty-seven  and  two-tenths  cubic  inches  (dry  quart)  or  thirty- 
three  and  six-tenths  cubic  inches  (dry  pint)  or  sixteen  and  eight- 
tenths  cubic  inches  (dry  one-half  pint).  And  it  shall  be  unlawful 
to  offer  or  expose  for  sale  or  sell  strawberries,  blackberries,  logan- 
berries, raspberries,  or  similar  berries,  in  boxes  or  baskets  of  other 
than  standard  size:  Provided.  That  nothing  within  this  section 
shall  be  construed  as  in  any  way  preventing  the  sale  of  strawberries, 
blackberries,  loganberries,  raspberries,  or  similar  berries,  by  weight 
or  in  boxes  or  baskets  of  greater  capacity  than  sixty-seven  and  two- 
tenths  cubic  inches, 


OREGON  647 

Sec.  8127.  Commodities  in  package  form  to  have  net  contents  marked. — 
It  shall  be  unlawful  to  keep,  for  the  purpose  of  sale,  offer  or  expose 
for  sale,  or  sell  any  commodity  in  package  form,  unless  the  net 
quantity  of  the  contents  be  plainly  and  conspicuously  marked  on  the 
outside  of  the  package,  in  terms  of  weight,  measure,  or  numerical 
count:  Provided,  however,  That  reasonable  variation  or  tolerance 
shall  be  permitted  and  that  these  reasonable  variations  or  tolerances 
and  regulations  shall  be  made  and  enforced  by  the  State  sealer 
of  weights  and  measures :  Provided  further,  That  this  section  shall 
not  be  construed  to  apply  to  those  commodities  in  package  form,  the 
manner  of  sale  of  which  is  specifically  regulated  by  the  provisions  of 
other  sections  of  this  act. 

Sec.  8128.  False  weight  or  measure,  prima  facie  evidence,  when. — In 
all  prosecutions  for  the  violation  of  any  laws  relating  to  weights 
or  measures,  the  possession  of  a  weight  or  measure,  or  weights  or 
measures,  which  has  been  altered,  changed,  or  in  any  manner 
tampered  with  so  that  the  same  shall  give  a  false  or  wrong  weight 
or  measure  in  either  buying  or  selling  any  commodity,  shall  be  prima 
facie  evidence  of  the  guilt  of  the  person  having  the  same  in 
possession. 

Sec.  8129.  Automatic  measuring  pumps,  test  of;  short  measure  prima 
facie  evidence. — Every  person  who  uses  an  automatic  measuring 
pump  or  any  pump  winch  is  used  to  measure  the  amount  of  any 
liquid  sold  shall  keep  a  standard  measure  and  test  such  pump  as  to 
its  accuracy  in  measuring  such  liquid  and  keep  the  same  in  such 
condition  as  to  accurately  measure  any  liquid  sold  therefrom  at  all 
times  and  the  delivery  or  sale  of  short  measure  from  any  such 
pump  shall  be  prima  facie  evidence  of  the  guilt  of  the  person  owning 
or  operating  the  same. 

Sec.  8130.  Impersonating. — It  shall  be  unlawful  for  any  person  to 
impersonate  any  deputy  State  sealer  or  district  sealer  of  weights  and 
measures  and  any  person  so  doing  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  subject  to  the  penalties  as  pro- 
vided in  section  8133  of  which  this  section  is  a  part. 

Sec.  8131  (1913).  Penalties. — Any  person  or  persons  violating  any 
of  the  provisions  of  chapter  325,  Laws  of  1913,  [sections  8084  to  8092, 
inclusive,  8099  to  8103,  inclusive,  8120  to  8125,  inclusive]  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than 
five  hundred  dollars,  or  imprisonment  in  the  county  jail  for  not 
less  than  five  days  nor  more  than  ninety  days,  or  by  both  such  fine 
and  imprisonment. 

Sec.  8132  (1915).  Violation,  penalty. — Any  person  who,  by  himself 
or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of  another 
person,  violates  any  of  the  provisions  of  chapter  162,  Laws,  1915  [sec- 
tions 8093  to  8098,  inclusive,  and  8126],  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars  nor  more  than  five  hundred  dollars, 
or  imprisonment  in  the  county  jail  for  not  less  than  five  days  nor 
more  than  ninety  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  8133.  Violation,  penalty. — Any  person  or  persons  who  violate 
any  of  the  provisions  of  chapter  161,  Laws  of  1915,  [sections 
8104  to  8111,  inclusive,  8113  to  8119,  inclusive,  8127  to  8130,  in- 


648  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

elusive]  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof,  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  nor  more  than  five  hundred  dollars,  or  imprisonment  in  the 
county  jail  for  not  less  than  five  nor  more  than  ninety  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  8134.  Terms  denned. — The  word  "  person  or  persons  "  as  used 
in  this  act,  shall  be  construed  to  include  the  officers,  directors,  agent  or 
agents  of  any  corporation,  company,  society  or  association.  The 
words  "  weight  or  measure  and  weights  or  measures  "  shall  be  con- 
strued to  include  weights,  scales,  beams,  measures  of  any  kind,  in- 
struments and  mechanical  devices  for  weighing  or  measuring,  and 
any  appliances  or  accessories  connected  with  any  and  all  such 
instruments. 

Sec.  8135  (1917).  Jurisdiction. — In  all  prosecutions  arising  under 
sections  8084,  8125  and  8131-8134,  justices  of  the  peace  shall  have 
concurrent  jurisdiction  with  the  circuit  courts. 

Sec.  8136.  Standard  barrel  for  cranberries. — The  standard  barrel3  for 
cranberries  shall  be  of  the  following  dimensions,  when  measured 
without  distension  of  its  parts:  Length  of  staves,  twenty-eight  and 
one-half  inches;  diameter  of  head,  sixteen  and  one-fourth  inches; 
distance  between  heads,  twenty-five  and  one-fourth  inches;  circum- 
ference of  bulge,  fifty-eight  and  one-half  inches,  outside  measure- 
ment ;  and  the  thickness  of  the  staves  not  greater  than  four-tenths  of 
an  inch. 

Sec.  8137.  Subdivisions  of  barrel. — All  cranberries  offered  for  sale 
shall  be  packed  in  a  standard  cranberry  barrel,  or  a  legal  subdivision 
thereof,  such  as  half-barrel,  a  third-barrel,  or  box  which  shall  have 
the  cubical  contents  of  a  half-barrel,  or  third-barrel. 

Sec.  8138.  Less  than  one-third  barrel,  how  sold. — Cranberries,  when 
offered  for  sale  in  quantities  less  than  a  third-barrel,  may  be  sold  by 
dry  measure;  that  is,  by  quart,  pint,  and  similar  measures. 

Sec.  8139.  Sold  in  containers,  when. — Cranberries  may  be  sold  in 
containers  or  cartons,  holding  four  quarts,  two  quarts,  one  quart,  or 
one  pint,  and  upon  the  containers  or  cartons  shall  be  printed  the 
cubical  contents  of  such  containers  and  cartons. 

Sec.  8140.  Penalty. — Any  person  or  persons  who  violate  any  of  the 
provisions  of  this  act  [sections  8136-8141]  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars,  or  im- 
prisonment in  the  county  jail  for  not  less  than  five  nor  more  than 
thirty  days,  or  both  such  fine  and  imprisonment. 

Sec.  8141.  Terms  defined. — The  word  "  person  "  or  "  persons,"  as 
used  in  this  act,  shall  be  construed  to  include  the  officers,  directors, 
agent  or  agents  of  any  corporation,  company,  society  or  association. 

Sec.  8142.  Flour;  standard  weight  of  barrel  and  subdivisions. — There 
shall  be  a  standard  weight  for  a  barrel  of  flour,  or  subdivisions  there- 
of, known  as  the  half,  quarter  and  eighth  barrel,  when  sold  in  the 
sack. 

Sec.  8143.  Weights  prescribed. — The  standard  weight  of  a  barrel  of 
flour  shall  be  196  pounds,  net  weight,  avoirdupois.  The  standard 
weight  of  one-half  barrel  of  flour  shall  be  ninety-eight  pounds,  net 

3  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 


OBEGON  649 

weight  avoirdupois.  The  standard  weight  of  one-quarter  barrel  of 
flour  shall  be  forty-nine  pounds,  net  weight,  avoirdupois.  The 
standard  weight  of  one-eighth  barrel  of  flour  shall  be  twenty-four 
and  one-half  pounds,  net  weight,  avoirdupois. 

Sec.  8144.  Bale  of  flour. — There  shall  be  a  standard  weight  for  a 
bale  of  flour,  or  subdivisions  thereof,  when  sold  in  the  sack. 

Sec.  8145.  Weight  of. — The  standard  weight  of  a  bale  of  flour  shall 
be  ninety-eight  pounds,  net  weight,  avoirdupois,  or  ten  sacks,  weigh- 
ing nine  and  eight-tenths  pounds  each,  net  weight,  avoirdupois. 

Sec.  8146.  Sacks  not  standard  prohibited. — It  shall  be  unlawful  to 
expose  for  sale  or  sell  in  the  sack,  flour  either  white,  whole  wheat, 
graham,  or  rye  flour,  by  the  sack  in  other  than  the  standard  sack 
as  herein  provided. 

Sec.  8147.  Penalty. — Any  person,  firm,  or  corporation  violating  any 
of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  the  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  8148.  Enforcement. — It  shall  be  the  duty  of  the  State  sealer  of 
weights  and  measures  to  enforce  the  provisions  of  this  act. 

Sec.  8149.  Jurisdiction. — Justices  of  the  peace  and  district  courts 
shall  have  concurrent  jurisdiction  with  the  circuit  courts  for  the 
enforcement  of  this  act. 

Sec.  8150  (1911).  Standard  apple  box. — There  is  hereby  created  and 
established  a  standard  size  for  apple  boxes  for  the  State  of  Oregon. 

Sec.  8151.  Dimensions  of. — The  standard  size  of  an  apple  box  shall 
be  eighteen  inches  long,  eleven  and  one-half  inches  wide,  ten  and 
one-half  inches  deep,  inside  measurement. 

Sec.  8152.  Special  size  of  box. — That  the  special  size  of  apple  boxes 
shall  be  twenty  inches  long,  eleven  inches  wide,  and  ten  inches  deep, 
inside  measurement. 

Sec.  8153  (1913).  Weight  of  sacks  of  potatoes,  standardized. — There 
shall  be  a  standard  weight  for  a  sack  of  potatoes  in  the  State  of 
Oregon. 

Sec.  8154.  Weight  of  sack  of  potatoes;  weight  of  sack  included, 
when. — In  all  cases  where  not  otherwise  specified  by  contract,  one 
hundred  pounds,  inclusive  of  the  weight  of  the  containing  bag  or 
sack,  shall  be  the  standard  weight  of  a  sack  of  potatoes  in  the  State 
of  Oregon. 

Sec.  8155  (1915).  Mill  feed,  how  sold.— All  mill  feed,  including 
crushed  and  ground  grains,  bran  and  shorts,  shall  be  sold  by  weight 
within  the  State  of  Oregon. 

Sec.  8156.  Violation. — Any  person  violating  the  provisions  of  this 
act  [section  8155]  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  8157  (1913).  Deduction  for  weight  of  sack  in  sale  of  farm  or 
range  products,  when  made. — That  whenever  wheat,  rye,  Indian  corn, 
oats,  barley,  clover  seed,  buckwheat,  alfalfa  seed,  timothy  seed,  field 
peas  seed,  dried  apples,  dried  peaches,  dried  prunes,  potatoes,  pears, 
wool,  mohair  or  any  other  farm  or  range  product  shall  be  sold  by 
the  bushel  or  pound  or  in  sacks,  and  if  no  special  agreement  shall 
be  made  by  the  parties  to  the  sale  as  to  what  tare  or  deduction 
shall  be  made  for  the  weight  of  the  sacks  containing  the  above 
produce,  no  deduction  shall  be  made  therefor. 


650  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  8158,  as  amended  by  Laws,  1925,  ch.  118,  p.  173.  Measure  for 
hops. — The  owner,  lessee,  manager  or  person  in  charge  of  any  hop- 
yard,  where  hops  are  being  picked,  shall  cause  said  hops  to  be  weighed 
in  order  to  ascertain  the  quantity  of  hops  picked.  It  shall  be  unlaw- 
ful for  any  owner,  lessee,  manager  or  person  in  charge  of  any  hopyard, 
where  hops  are  being  picked,  to  use  or  employ  any  other  or  differ- 
ent method  or  manner  in  ascertaining  the  quantity  of  hops  picked. 
The  owner,  lessee,  manager  or  person  in  charge  of  any  hopyard, 
where  hops  are  being  picked,  shall  be  permitted  to  deduct  as  tare 
not  more  than  three  pounds  to  cover  the  weight  of  the  sack. 

Any  person  or  persons  who  violate  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and,  on  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars,  or  imprisonment  in  the  county  jail  for 
not  less  than  five  nor  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment. 

Sec.  8159  (1905).  Tare  on  hop  sales;  weight  of  baling  cloth. — Here- 
after in  all  sales  and  transfers  of  hops  there  shall  be  allowed  and 
deducted  as  tare  five  pounds  per  bale  and  no  more.  Five  yards  of 
baling  cloth  is  the  maximum  quantity  to  be  used  making  the  bale, 
and  the  standard  weight  of  each  yard  of  baling  cloth  is  hereby 
fixed  at  tAventy-four  ounces. 

Sec.  8160.  Weight  of  sacking  when  deducted  as  tare. — Any  vendor  of 
hops  using  heavier  sacking  than  that  specified  in  this  section,  or 
using  any  extraneous  matter  in  the  baling  thereof,  shall  have  the 
same  deducted  as  additional  tare. 

Laws,  1923,  ch.  271,  p.  394. 

Sec.  1.  State  market  agent. — There  is  hereby  established  the  State 
market  agent. 

Sec.  2.  Powers  and  duties. — The  powers  and  duties  invested  by  this 
act  in  the  State  market  agent  shall  be  as  follows : 

1.  He  shall  act  as  adviser  to  producers,  distributors  and  consumers, 
when  requested,  assisting  them  to  the  best  of  his  ability  in  the 
economical  and  efficient  distribution  of  grain  and  grain  products, 
hay  and  products  thereof,  livestock  and  all  meat  products,  dairy 
products,  poultry  and  poultry  products  and  agricultural  implements 
produced,  manufactured,  processed  in  or  transported  into  the  State 
of  Oregon.     *     *     * 

6.  He  shall  foster  and  encourage  the  inspection,  grading,  standard- 
izing, labeling  and  branding  of  all  such  products  and  shall  exercise, 
under  the  direction  of  the  governor,  all  the  rights,  powers  and 
duties  vested  by  law  in  the  public  service  commission  under  chapter 
333  of  General  Laws  of  Oregon  of  1917  and  amendments  thereto, 
being  sections  6112  to  6159,  Oregon  Laws. 

7.  He  shall  promote  the  standardization  of  packages  and  contain- 
ers for  such  products.  All  duties  required  by  law  to  be  discharged 
by  the  State  treasurer  in  his  capacity  as  the  State  sealer  of  weights 
and  measures,  the  deputy  State  sealer  of  weights  and  measures  and 
their  representatives  and  employees,  shall,  upon  the  expiration  of  the 
term  of  office  of  the  present  State  treasurer,  be  discharged  by  the 
State  market  agent,  and  all  laws  and  regulations  now  or  hereafter 


OBEGON  651 

enacted  relative  to  weights  and  measures  and  to  other  standards  of 
quantity  shall  apply  to  said  State  market  agent  in  the  same  manner 
and  to  the  same  effect  as  they  formerly  applied  to  said  State  sealer 
of  weights  and  measures,  deputy  State  sealer  of  weights  and  meas- 
ures, their  representatives  and  employees. 

Sec.  10.  Funds  for  State  agent. — The  State  market  agent  shall  be 
financed  by  the  funds  now  at  the  disposal  of  the  public  service  com- 
missioners under  chapter  333  of  the  General  Laws  of  Oregon  of  1917, 
sections  6112  to  6159  of  Oregon  Laws ;  and  the  funds  made  available 
for  the  work  of  the  State  sealer  of  weights  and  measures,  the  deputy 
State  sealer  of  weights  and  measures,  and  their  officers  and  em- 
ployees ;  and  such  additional  funds  as  may  be  available  under  this  act 
or  any  amendments  thereto :  Provided,  That  the  property  and  funds 
pertaining  to  the  work  of  the  State  sealer  of  weights  and  measures 
shall  be  retained  by  the  present  office  during  the  incumbency  of  the 
present  State  treasurer. 

Oregon  Laws,  1920,  Vol.  1,  Title  19,  ch.  8,  p.  1242. 

Sec.  2180-6  (1919).  Bread,  size  of  loaves  specified;  variations  per- 
mitted.— That  no  person,  firm  or  corporation  shall  hereafter  manu- 
facture, sell,  offer  or  expose  for  sale  bread,  except  in  the  following 
weights,  which  shall  be  net  weights  twelve  hours  after  baking.  One 
pound,  one  and  one-half  pounds,  two  pounds,  three  pounds,  four 
pounds  and  five  pounds,  or  other  pound  weights.  Variations  at  the 
rate  of  one  ounce  per  pound  over,  and  one  ounce  per  pound  under 
above  specified  unit  weights  are  permitted  in  individual  loaves,  but 
the  average  weight  of  not  less  than  twenty-five  loaves  of  any  one  unit 
of  any  one  kind  shall  not  be  less  than  the  weight  prescribed  by  these 
regulations  for  such  unit. 

Sec.  2180-8.  Jurisdiction;  prosecutions;  enforcement. — Justice  courts, 
district  courts  and  municipal  courts  sitting  as  justice  courts,  shall 
have  concurrent  jurisdiction  with  the  circuit  courts  of  all  prosecu- 
tions arising  under  sections  2180-6  and  2180-7.  The  district  or 
county  attorney  is  authorized  to  institute  prosecutions  for  violation 
of  this  act  by  information,  or  the  same  may  be  instituted  by  indict- 
ment or  by  complaint  verified  before  any  magistrate.  It  shall  be 
the  duty  of  the  dairy  and  food  commissioner  to  enforce  all  the  pro- 
visions of  this  act. 

Sec.  2180-9.  Penalty. — Any  person  who  shall  violate  any  of  the 
provisions  of  sections  2180-6  to  2180-8  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  thousand  dollars  or  by  im- 
prisonment in  the  county  jail  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment:  Provided,  however,  That  upon  a  second 
conviction  for  the  violation  of  any  of  the  provisions  of  this  act  such 
person  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  thousand  dollars  or  by  imprisonment  in  the  county 
jail  for  not  less  than  ten  days  nor  more  than  one  year,  or  by  both 
such  fine  and  imprisonment. 

Laws,  1923,  ch.  268,  p.  388. 

Sec.  1.  "  Bedding  "  defined.— The  term  "  bedding  "  is  defined  to  in- 
clude any  mattress,  upholstered  surface  or  spring,  comforts,  pad, 


652  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

cushion,  bag,  pillow  or  any  other  such  soft  article  which  supports 
the  body  in  sleeping  or  resting. 

Sec.  2.  "  Person  "  denned. — The  word  "  person  "  implies  individuals, 
partnerships,  companies,  corporations,  societies,  associations  or 
others  of  any  gender,  as  the  case  may  be. 

Sec.  3.  Bedding  to  be  marked  with  weight,  measure  and  quality. — No 
person  shall  at  wholesale  or  retail,  directly  or  indirectly,  make  or  re- 
pair, sell,  offer  for  sale,  deliver,  rent,  consign,  lease  or  otherwise 
commercially  dispose  of  or  have  in  his  possession  with  intent  to 
dispose  of  any  article  of  bedding  not  plainly  and  indelibly  labeled 
with  a  cloth  or  cloth-lined  tag,  not  smaller  than  three  inches  square, 
securely  sewed  at  least  on  one  edge  into  the  outseams  of  the  article, 
truthfully  setting  forth  in  the  English  language  its  contents,  weight, 
measurements,  amounts  by  weight  of  each  kind  of  material,  whether 
new,  shoddy  or  waste  or  second-hand,  in  whole  or  in  part,  used  in  its 
manufacture,  with  the  name  and  address  of  the  manufacturer  or 
vendor  thereof,  or  both.  All  invoices  or  other  instruments  of  de- 
livery shall  set  forth  the  true  description  of  the  merchandise  that 
passes,  as  enumerated  on  the  labels.  Example:  "—6-35  lb.  Prime 
Java-Kapok  4/4  Mattresses,  @  15.00—90.00." 

Sec.  8.  Form  of  label. — The  general  form  of  label  covered  by  this 
act  to  be  as  follows : 

This  article  is  made  in  compliance  with  the  act  of  the  State  of 
Oregon,  approved day  of ,  19 — . 

Materials  Used  in  Manufacture 

Manufactured  of . 

All  new  material. 

Second-hand  material,  waste  material,  shoddy. 

Remade  of  owner's  material  with lbs.  new  or  second-hand. 

Covering — New  or  second-hand. 

Grade oz.  Sheeting ,  drill ,  sateen,  etc. 

15  lbs.  Prime  Java-Kapok      lGross     t  42  iDS 
25  lbs.  Cotton  Linters  felted  / uross  wt'  **  1Ds' 
40  lbs.  Staple  cotton  felted. 
40  lbs.  White  hair,  etc. 


(Name  of  maker  or  vendor) 

Sec.  9.  Label,  removal  of. — No  person  other  than  a  purchaser  for 
his  own  use  shall  remove  or  cause  to  be  removed,  defaced,  concealed, 
changed  or  altered  any  label  or  tag  or  its  markings  or  statements  on 
any  article  of  bedding. 

Sec.  10.  Label  not  to  be  misleading. — No  person  shall  use  any  terms 
or  other  description  on  any  label  or  tag  upon  any  article  of  bedding 
which  is  likely  to  mislead  or  cause  inference  by  the  purchaser  of 
any  but  the  truthful  contents  of  same,  or  use  other  than  the  standard 
definition,  practice  or  terms  of  classification,  where  a  standard  classi- 
fication exists  concerning  any  commoditiy. 

Sec.  11.  State  sealer  to  enforce  law. — It  shall  be  the  duty  of  the 
State  sealer  of  weights  and  measures  to  supervise  and  inspect, 
according  to  the  terms  of  this  act,  and  to  enforce  the  provisions 
thereof. 


OREGON  653 

Sec.  12.  Supervision  and  inspection  of  materials. — Any  person  en- 
gaged in  the  manufacture  of  any  article  of  bedding  or  handling  in 
any  way  any  of  the  articles  as  set  forth  in  section  3,  or  any  of  the 
materials  that  enter  into  any  article  of  bedding,  shall  be  subject  to 
supervision  and  inspection  by  any  deputy  duly  appointed  for  the 
enforcement  of  this  act  and  shall  furnish  any  information  that  said 
deputy  may  deem  necessary  in  the  performance  of  his  duty  in  the 
enforcement  of  the  act,  and  he  shall  admit  said  deputy  to  his 
premises  or  any  part  thereof. 

Sec.  13.  Penalty. — Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof,  shall  be  punished  for  each  offense  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  not  to  exceed  six  months,  or  both  such 
fine  and  imprisonment.  The  unit  for  each  separate  offense  shall  be 
each  and  every  article  of  bedding  as  set  forth  in  section  1. 

Sec.  14.  Permit  for  making  and  repairing  any  article  of  bedding. — All 
persons  engaged  in  the  making  and  repairing  of  any  article  of 
bedding  must  apply  to  the  State  sealer  of  weights  and  measures  for 
a  permit  to  be  issued  upon  the  payment  of  a  twenty-five  dollar  yearly 
fee  and  agree  to  conduct  said  business  in  a  sanitary  manner  and  in 
compliance  with  this  act,  said  permit  to  be  revocable  at  any  time 
after  thirty  days'  notice,  should  evidence  of  violation  or  insanitarv 
conditions  be  apparent  to  the  inspector.  The  fees  so  collected  shall 
be  paid  over  promptly  to  the  State  treasurer  and  placed  by  him  in 
the  general  fund,  and  the  expenses  of  the  State  sealer  of  weights 
and  measures  incurred  in  carrying  out  the  provisions  of  this  act 
shall  be  audited  and  paid  in  the  same  manner  as  other  expenses  of 
said  office  are  audited  and  paid,  but  such  expenditures  shall  never 
be  in  excess  of  the  fees  so  collected  and  paid  into  said  fund. 

Sec.  15.  Sampling  and  examining  bedding  and  materials  of  composi- 
tion.— The  State  sealer  of  weights  and  measures  or  his  deputy  shall 
sample  or  open  in  any  way  for  inspection  at  any  time  or  place  any 
article  of  bedding  or  material  he  has  reason  to  believe  is  in  violation 
of  this  act  and,  upon  examination,  should  he  still  be  in  doubt  as  to 
the  true  nature  of  the  material  or  article,  he  shall  consult  invoices 
or  other  instruments  or  records  he  may  see  fit,  held  by  any  person, 
containing  any  information  pertaining  to  the  article  or  material  in 
question. 

Sec.  16.  Articles  of  bedding  may  be  condemned  and  destroyed,  when. — 
The  State  sealer  of  weights  and  measures,  with  the  concurrence  of 
the  State  or  local  health  officer,  is  hereby  authorized  and  empowered 
to  condemn  and  destroy  any  article  of  bedding  described  in  section 
3  of  this  act,  which  is  not  labeled  as  therein  provided,  or  which  in 
their  judgment  is  insanitary. 

Sec.  17.  District  attorney  to  institute  proceedings,  when. — Any  per- 
son or  individual  who  has  reason  to  believe  that  this  act  is  being 
violated  shall  report  the  facts  to  the  district  attorney,  whose  duty 
it  shall  be  to  institute  immediate  proceedings  for  the  enforcement 
of  this  act. 

Sec.  18.  Definitions  of  materials. — For  the  purpose  of  this  act, 
"  shoddy,"  "  waste  "  and  "  second  hand  "  are  hereby  defined  as  fol- 
lows :  "  Shoddy "  shall  embrace  all  materials   resulting   from   the 


654  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

disintegration  of  any  old  fabric.  "  Waste  "  shall  embrace  all  dis- 
carded materials  from  mills,  garbage,  sweepings,  waste  receptacles, 
or  other  possibly  contaminated  materials.  Wastes  which  are  by- 
products of  machines  at  mills  using  new  raw  materials  are  excepted 
when  free  from  contamination.  "  Second  hand  "  shall  embrace  all 
material  which  has  been  previously  used  in  bedding  or  otherwise, 
or  material  which  possibly  has  been  contaminated. 

Sec.  19.  Repeal. — Sections  8279  and  8282,  Oregon  Laws,  both  inclu- 
sive, and  all  acts  or  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed. 

Oregon  Laws,  1920,  Vol.  2,  Title  46,  ch.  1,  p.  3239. 

Sec.  8724  (1915).  Butter,  short  weight  prohibited;  net  weight  to  be 
marked. — It  shall  be  unlawful  for  any  person  to  sell,  offer  or  expose 
for  sale  any  short-weight  butter  within  the  State  of  Oregon.  All 
butter  sold,  or  exposed  or  offered  for  sale  in  rolls,  prints  or  squares 
within  the  State  of  Oregon  shall  be  plainly  marked  with  the  net 
weight  thereof,  and  every  roll,  print  or  square  sold,  or  offered  or 
exposed  for  sale  shall  contain  the  weight  marked  thereon. 

Oregon  Laws,  1925,  ch.  246,  p.  442. 

Sec.  4.  Sale  of  eggs;  standards  prescribed. — It  shall  be  unlawful  for 
any  person,  firm  or  corporation  to  sell  or  offer  or  expose  for  sale  any 
eggs  intended  for  human  consumption  without  notifying  by  suitable 
sign  or  label  the  person  or  persons  purchasing  or  intending  to  pur- 
chase the  same  of  the  exact  grade  or  quality  and  the  size  or  weight 
of  such  eggs,  according  to  the  grades  prescribed  herewith : 

(a)  A  fresh  egg  is  an  egg  of  recent  production,  clean,  full,  with 
'"  fixed  air  space  "  of  not  more  than  three-eighths  of  an  inch  in  depth, 
sweet,  strong  of  body  and  unimpaired  in  quality.  The  albumen  must 
not  appear  watery.  A  larger  air  space  with  a  movable  lower  line 
indicates  a  stale  egg,  or  one  that  is  becoming  weak  and  watery. 

(b)  A  fresh  standard  egg  is  a  fresh  egg,  as  defined  in  paragraph 
(a),  weighing  not  less  than  one  and  five-sixths  ounces. 

(c)  A  fresh  medium  egg  is  a  fresh  egg  weighing  not  less  than  one 
and  seven-twelfths  ounces. 

(d)  A  fresh  undersized  egg  is  any  fresh  egg  weighing  less  than 
one  and  seven-twelfths  ounces. 

(e)  All  standard  eggs,  medium  eggs  and  undersized  eggs  shall  be 
packed  separately  and  the  grade  plainly  marked  on  the  end  of  the 
case,  showing  the  particular  grade  of  eggs  in  the  case. 

(/)  Undergrade  eggs  are  good,  edible  eggs,  but  with  an  air  space 
more  than  three-eighths  of  an  inch  in  depth  and  not  good  enough  to 
grade  as  standard  in  the  different  classifications  herewith  defined. 

Sec.  5.  Marking  container. — When  eggs  are  removed  from  the  origi- 
nal container  for  resale,  the  true  grade  of  said  eggs  must  be  stamped 
upon  the  subsequent  container  in  letters  not  less  than  one-third 
inch  in  height.  If  placed  on  display  for  sale,  a  sign  must  be 
placed  immediately  over  said  eggs  in  letters  not  less  than  one  inch  in 
height,  giving  the  true  grade  of  said  eggs.  When  eggs  are  sold  in 
lots  of  half  cases  or  more,  the  container  must  be  marked,  showing 
plainly  and  truly  the  grade  or  grades  of  eggs  therein  contained  and 
an  invoice  must  accompany  said  sale  plainly  and  truly  indicating 
the  grade  or  grades  of  eggs  sold :  Provided,  That  the  provisions  of 


OREGON  655 

this  act  shall  not  apply  to  any  eggs  being  handled  for,  or  in  transit 
to,  or  sold  to  dealers  in  commercial  centers  to  be  candled  and  graded, 
but  all  such  eggs  offered  for  sale  in  half  cases  or  more  shall  be 
plainly  stamped  or  branded  "  Not  candled  "  upon  the  outside  of  the 
container  in  letters  one  inch  in  height.  The  word  person,  as  used  in 
this  act,  shall  mean  and  include  individuals,  firms  and  members  of 
firms,  and  their  employes  or  agents,  corporations  and  officers  of 
corporations  and  their  employes  and  agents. 

Sec.  6.  Enforcement. — It  shall  be  the  duty  of  the  dairy  and  food 
commissioner  to  enforce  the  provisions  of  this  act  and  to  make  such 
rules  and  regulations  as  may  be  necessary  for  the  enforcement  of  the 
act. 

Sec.  7.  Penalty. — Every  person  who  violates  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  for 
the  first  offense,  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  and  not  more  than  one  hundred  dollars  and  for  each  subse- 
quent conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  and  not  more  than  two  hundred  dollars. 

Oregon  Laws,  1920,  Vol.  1,  Title  19,  ch.  9,  p.  1297. 

Sec.  2234  (al917).  Specific  gravity  of  gasoline;  labeling  of  cask. — It 
shall  be  unlawful  for  any  manufacturer,  dealer  or  vendor  to 
sell  or  offer  for  sale  any  petroleum  product  known  as  gasoline  that 
has  a  specific  gravity  of  less  than  fifty-six  degrees  as  measured  by 
the  Baume  hydrometer  at  a  temperature  of  sixty  degrees  Fahren- 
heit; and  each  manufacturer,  dealer  or  vendor  of  gasoline  shall 
brand  or  label  every  cask,  barrel  or  car  containing  such  products 
with  figures  denoting  the  specific  gravity  and  the  word  "  Gasoline  " 
in  large  plain  letters  at  least  one  and  one-half  inches  in  size. 

Sec.  2235.  Penalty  for  violating  preceding  section. — Any  person,  cor 
poration  or  company  who  shall  offer  for  sale  any  gasoline  con- 
trary to  the  provisions  of  this  act  or  shall  be  in  possession  or  control 
of  any  gasoline  held  for  sale,  not  labeled  as  provided  by  section  1 
[section  2234]  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  or 
be  sentenced  to  the  county  jail  for  a  period  not  exceeding  six 
months;  and  in  addition  to  said  fine  or  punishment  said  gasoline 
shall  be  condemned  and  destroyed  by  order  of  the  court  having 
jurisdiction  of  the  offense. 

Sec.  2236.  Justices'  courts  have  jurisdiction  of  offenses. — Justice  and 
district  courts  shall  have  jurisdiction  of  all  offenses  arising  under 
this  act. 

Sec.  2236-1  (1917).  Enforcement  of  act. — It  shall  be  the  duty  of  the 
State  sealer  of  weights  and  measures  to  enforce  the  provisions  of 
this  act. 

Laws,  1921,  ch.  371,  p.  707. 

Sec.  38.  Models  and  weights. — Every  manufacturer  of  a  motor  ve- 
hicle, trailer,  semitrailer  or  motor  bus,  sold  or  offered  for  sale  within 
this  State,  either  by  the  manufacturer,  distributor,  dealer  or  any 
other  person  shall,  on  or  before  the  first  day  of  August,  one  thou- 
sand nine  hundred  twenty-one,  and  annually  thereafter,  and  at  such 

517—27 42 


656  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

other  times  as  may  be  required  by  the  secretary  of  state,  file  in  the 
office  of  the  secretary  of  state  of  this  State  a  sworn  statement  show- 
ing the  various  models  manufactured  by  him  and  the  weight  of 
each  model  as  of  August  first  of  that  year,  and  shall  furnish  such 
other  information  as  the  secretary  of  state  may  require  for  the 
efficient  administration  of  this  act :  Provided,  The  secretary  of  state 
may  accept  the  weight  of  any  motor  vehicle,  motor  truck,  trailer, 
semitrailer  or  bus  trailer  as  taken  on  a  scale,  which  scale  has  been 
inspected  and  sealed  by  the  State  sealer  of  weights  and  measures 
or  his  duly  appointed  deputies. 

Oregon  Laws,  1920,  Vol.  2,  Title  46,  ch.  1,  p.  3239. 

Sec.  8744  (1915).  Concentrated  commercial  feedstuffs;  net  weight  to 
be  marked. — Every  lot  or  parcel  of  concentrated  commercial  feed- 
stuffs,  as  defined  in  section  8746  [8745],  used  for  feeding  farm  live- 
stock, sold  or  offered  or  exposed  for  sale  within  this  State,  shall 
have  affixed  thereto,  in  a  conspicuous  place  on  the  outside  thereof,  a 
plainly  printed  statement,  clearly  and  truly  certifying  the  name, 
brand  or  trade-mark,  under  which  the  article  is  sold  for  feeding  pur- 
poses, the  name  and  address  of  the  manufacturer,  importer,  or  dealer, 
the  net  weight  of  the  package,     *     *     * 

Sec.  8748.  Net  weight  to  be  marked  on  package. — Every  lot,  parcel 
or  package  of  medicinal  stock  food,  as  defined  in  section  8748  [8747], 
sold,  offered  or  exposed  for  sale  or  distribution  within  this  State, 
shall  have  affixed  thereto,  a  label  in  a  conspicuous  place  on  the  out- 
side thereof,  containing  a  legible  and  plainly  printed  statement  in 
black  ink,  in  the  English  language,  clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  package. 

(b)  The  name,  brand  or  trade-mark. 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market.     *     *     * 

Oregon  laws,  1920,  Vol.  2,  Title  47,  ch.  22,  p.  3330. 

Sec.  9019  (1907).  Fertilizers;  weight  to  be  marked  on  package. —  (a) 
Every  lot,  parcel,  or  package  of  commercial  fertilizers  or  materials 
to  be  used  for  manurial  purposes  (excepting  the  excreta  of  domestic 
animals)  sold,  offered  or  exposed  for  sale  within  this  State,  the  sell- 
ing price  of  which  exceeds  five  dollars  per  ton,  shall  be  accompanied 
by  a  plainty  printed  label,  stating  the  name,  brand  and  trade-mark, 
if  any  there  be.  under  which  the  fertilizer  is  sold,  also  the  number  of 
net  pounds  of  fertilizer  contained  in  the  packages,  the  name  and  ad- 
dress  of  the  manufacturer,  importer  or  dealer,     *     *     * 

Oregon  Laws,  1920,  Vol.  1,  Title  19,  ch.  3,  p.  1184. 

Sec.  2020  (1915).  Misbranding  or  misrepresenting  any  metallic  com- 
modity; penalty. — Any  person,  firm  or  corporation,  foreign  or  domes- 
tic, his  or  its  agent,  servant  or  employe  doing  business  in  the  State 
of  Oregon,  who,  intentionally  or  for  the  purpose  of  deceiving  any 
customer  or  purchaser,  misbrands  or  misrepresents  the  kind,  gauge, 
analysis,  weight,  quality  or  quantity  of  any  metallic  commodity 
offered  for  sale,  or  if  it  be  an  imitation  of  or  offered  for  sale  under 
the  distinctive  name  of  another  article,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 


OREGON  657 

fine  of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars  for  each  violation. 

Oregon  Laws,  1920,  Vol.  2,  Title  46,  ch.  2,  p.  3264. 

Sec.  8759  (al919).  Milk  or  cream,  fraud  as  to  weight  or  test;  manner 
of  making  test. — It  shall  be  unlawful  for  any  hauler  of  milk,  or 
cream,  or  any  person,  firm  or  corporation  receiving  or  purchasing 
milk  or  cream  by  weight  or  test  or  both,  or  by  measure  or  test  or 
both,  to  fraudulently  manipulate  the  weight,  measure  or  test  of  milk 
or  cream  of  any  person  or  to  take  unfair  samples  thereof,  or  to 
fraudulently  manipulate  such  samples.  The  hauler  or  other  agent 
shall  weight  or  measure  the  milk  or  cream  of  each  patron  accurately 
and  correctly  and  shall  report  such  weights  or  measurements  ac- 
curately and  correctly  to  the  creamery  or  factory  and  the  seller 
of  said  product.  He  shall  thoroughly  mix  the  milk  or  cream  of 
each  patron  by  pouring  or  stirring  until  such  milk  or  cream  is  uni- 
form and  homogeneous  in  richness,  before  the  samples  are  taken  from 
such  milk  or  cream.  When  the  weighing  or  sampling  is  done  at 
the  creamery,  shipping  station  or  factory,  the  same  rule  shall  apply. 

*         *         *M 

Sec.  8760  (1915).  Babcock  test  bottles,  use  of. — Every  person,  firm 
or  corporation  receiving  or  purchasing  milk  or  cream  on  the  basis  of 
the  amount  of  butterfat  contained  therein  as  determined  by  the  Bab- 
cock test,  shall  use  the  standard  Babcock  test  bottles,  pipettes  and 
accurate  weights  and  scales  as  defined  in  section  8769,  8770,  and  all 
Babcock  test  bottles  and  pipettes  shall  have  been  inspected  for  ac- 
curacy by  the  Oregon  Agricultural  College  or  its  agent  and  shall 
be  legibly  and  idelibly  marked  by  the  Oregon  Agricultural  Col- 
lege or  its  agent  with  the  letters  "  S.  G.  O."  (Standard  Glassware 
Oregon).  It  shall  be  unlawful  for  any  firm  or  corporation  or  any  of 
their  agents  to  use  any  other  than  standard  test  bottles  and  pipettes 
which  have  been  examined  and  marked  as  provided  by  this  section, 
to  determine  the  amount  of  fat  in  milk  or  cream  received  or  pur- 
chased on  the  butterfat  basis. 

Sec.  8761.  Fraudulent  use  of  Babcock  tests. — It  shall  be  unlawful 
for  any  person,  firm  or  corporation,  by  himself  or  as  the  agent, 
servant,  employe  or  officer  of  any  person,  firm  or  corporation  re- 
ceiving or  purchasing  milk  or  cream  on  the  basis  of  the  amount  of 
butterfat  contained  therein,  to  underread,  overread  or  otherwise 
fraudulently  manipulate  the  Babcock  test  used  for  determining  the 
per  cent  oi  butterfat  in  milk  or  cream,  or  to  falsify  the  records 
thereof  or  to  read  the  test  at  any  other  temperature  than  the  cor- 
rect one  which  is  one  hundred  and  thirty  degrees  to  one  hundred 
and  forty  degrees  Fahrenheit,  or  to  pay  on  the  basis  of  any  meas- 
urement or  weight  except  the  true  measurement  or  weight  which  is 
seventeen  and  six-tenths  cubic  centimeters  for  milk  and  nine  grams 
or  eighteen  grams  for  cream :  Provided,  That  in  all  tests  for  cream 
the  cream  shall  be  weighed  into  the  test  bottle. 

Sec.  8762  (al917).  Tester  to  be  licensed;  license,  issuance  of;  term  of 
license. — All  testing  of  milk  or  cream  purchased  on  the  basis  of  the 
amount  of  butterfat  contained  therein,  shall  be  done  by  a  licensed 
tester  who  shall  supervise  and  be  responsible  for  the  operation  of  the 
Babcock  test  of  milk  or  cream.    The  license  shall  be  issued  to  such 


658  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

person  by  the  dairy  and  food  commissioner  upon  the  presentation  by 
the  applicant  of  a  certificate  of  proficiency  properly  filled  out  and 
signed  by  the  chief  of  the  dairy  department  of  the  Oregon  Agricul- 
tural College  and  upon  the  payment  of  a  license  fee  as  provided  for 
in  section  8765.  The  license  shall  be  valid  during  the  life  of  the 
licensee  unless  sooner  revoked,  and  shall  be  revoked  by  the  dairy  and 
food  commissioner  if,  after  due  notice,  the  licensee  has  failed  to  com- 
ply with  the  laws,  rules  and  regulations  under  which  the  license  was 
granted :  Provided,  That  the  provisions  of  this  section  shall  not 
apply  to  individuals,  hotels,  restaurants  or  boarding  houses  buying 
milk  or  cream  for  private  use. 

Sec.  8768  (1915).  Penalty. — Any  employe  of  a  firm,  company,  asso- 
ciation, corporation  or  persons  receiving  or  purchasing  milk  or  cream 
on  the  basis  of  the  amount  of  butterfat  contained  therein,  violating 
any  of  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  the  sum  of 
not  more  than  two  hundred  fifty  dollars  or  be  imprisoned  in  the 
county  jail  for  not  more  than  twelve  months,  or  both.  Any  person, 
firm  or  corporation  purchasing  milk  or  cream  on  the  basis  of  the 
amount  of  butterfat  contained  therein,  violating  any  of  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars,  or  imprisoned  in  the  county  jail  for  a  period 
of  not  more  than  one  year,  or  both  such  fine  and  imprisonment. 

Sec.  8769.  Standard  Babcock  testing  glassware,  specifications  for; 
neck;  bulb;  graduation;  neck;  bulb;  fifty  per  cent,  9-gram,  long-neck 
bottle ;  the  fifty  per  cent,  18-gram,  long-neck  bottle. — The  term  "  stand- 
ard Babcock  testing  glassware  "  shall  apply  to  glassware  and  weights 
complying  to  the  following  specifications:  (a)  Graduation  for  milk 
test  bottles.  The  total  per  cent  graduation  shall  be  8.  The  gradu- 
ated portion  of  the  neck  shall  have  a  length  of  not  less  than  63.5 
millimeters  (2y2  inches),  the  graduations  shall  represent  whole  per 
cent,  five-tenths  per  cent,  and  tenths  per  cent.  The  tenths  per  cent 
graduation  shall  not  be  less  than  three  millimeters  in  length,;  the  five- 
tenths  per  cent  graduations  shall  be  one  millimeter  longer  than  the 
tenths  per  cent  graduations,  projecting  one  millimeter  to  the  left;  the 
whole  per  cent  graduations  shall  extend  at  least  one-half  way  around 
the  neck  to  the  right  and  projecting  two  millimeters  to  the  left  of  the 
tenths  per  cent  graduations.  Each  per  cent  graduation  shall  be  num- 
bered, the  number  being  placed  on  the  left  of  the  scale.  The  error  at 
any  point  of  the  scale  shall  not  exceed  one-tenth  per  cent. 

The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall  ex- 
tend for  at  least  9  millimeters  below  the  lowest  and  above  the  highest 
graduation  mark.  The  top  of  the  neck  shall  be  flared  to  a  diameter 
of  not  less  than  10  millimeters. 

The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall  not  be 
less  than  45  c.  c.  (cubic  centimeters).  The  shape  of  the  bulb  may  be 
either  cylindrical  or  conical  with  the  smallest  diameter  at  the  bottom. 
If  cylindrical,  the  outside  diameter  shall  be  between  34  and  36  milli- 
meters ;  if  conical,  the  outside  diameter  of  the  base  shall  be  between  31 
and  33  millimeters,  and  the  maximum  diameter  between  35  and  37 
millimeters.  The  charge  of  the  bottle  shall  be  18  grams.  The  total 
height  of  the  bottle  shall  be  between  150  and  165  millimeters  (5% 
and  6Vsj  inches). 


OREGON  659 

(b)  Three  types  of  bottles  shall  be  accepted  as  standard  cream 
test  bottles,  a  50  per  cent  nine  gram,  short-neck  bottle,  a  50  per  cent 
nine  gram  long-neck  bottle,  and  a  50  per  cent  18  gram  long-neck 
bottle. 

Fifty  per  cent,  nine  gram,  short-neck  bottle:  The  total  per  cent 
graduation  shall  be  50.  The  graduated  portion  of  the  neck  shall 
have  a  length  of  not  less  than  63.5  millimeters  (2y2  inches).  The 
graduations  shall  represent  5  per  cent,  1  per  cent  and  T%  per  cent. 
The  5  per  cent  graduations  shall  extend  at  least  half  way  around  the 
neck,  to  the  right. 

The  -f-Q  per  cent  graduations  shall  be  at  least  3  millimeters  in 
length,  and  the  1  per  cent  graduations  shall  have  a  length  inter- 
mediate between  the  5  per  cent  and  the  fV  per  cent  graduations. 
Each  5  per  cent  graduation  shall  be  numbered,  the  number  being 
placed  on  the  left  of  the  scale.  The  error  at  any  point  of  the  scale 
shall  not  exceed  x%  per  cent. 

The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall  extend 
at  least  9  millimeters  below  the  lowest  and  9  millimeters  above  the 
highest  graduation  mark.  The  top  of  the  neck  shall  be  flared  to  a 
diameter  of  not  less  than  10  millimeters. 

The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall  not 
be  less  than  45  c.  c.  The  shape  of  the  bulb  may  be  either  cylindrical 
or  conical  with  the  smallest  diameter  at  the  bottom.  If  cylindrical, 
the  outside  diameter  shall  be  between  34  and  36  millimeters;  if 
conical,  the  outside  diameter  of  the  base  shall  be  between  31  and  33 
millimeters  and  the  maximum  diameter  between  35  and  37 
millimeters. 

The  charge  of  the  bottle  shall  be  9  grams. 

All  bottles  shall  bear  on  the  top  of  the  neck  above  the  graduations 
in  plainly  legible  characters,  a  mark  defining  the  weight  of  the 
charge  to  be  used  (9  grams). 

The  total  height  of  the  bottle  shall  be  between  150  and  165  milli- 
meters (5%  and  6^  inches),  same  as  standard  milk  test  bottles. 

The  same  specifications  in  every  detail  as  specified  for  the  50  per 
cent  9-gram,  short-neck  bottle  shall  apply  for  the  long-neck  bottle, 
with  the  exception,  however,  that  the  total  height  of  this  bottle  shall 
be  between  210  and  234  millimeters  (814  and  8%  inches)  and  that 
the  total  length  of  the  graduation  shall  be  not  less  than  120 
millimeters. 

The  same  specifications  in  every  detail  as  specified  for  the  50  per 
cent  9-gram,  long-neck  bottle,  shall  apply,  with  the  exception  that 
the  charge  of  the  bottle  shall  be  18  grams,  and  the  mark  defining 
the  weight  of  the  charge  placed  at  the  top  of  neck  shall  be  18. 

The  total  length  of  the  standard  Babcock  pipette  shall  be  not  more 
than  330  millimeters  (13^4  inches).  Outside  diameter  of  suction  tube 
6  to  8  millimeters.  Length  of  suction  tube  130  millimeters.  Out- 
side diameter  of  delivery  tube  4.5  to  5.5  millimeters.  The  length  of 
delivery  tube  100  to  120  millimeters.  Distance  of  graduation  mark 
above  bulb  30  to  60  millimeters.  Nozzle  straight.  Delivery  17.6 
c.  c.  of  water  at  20  degrees  centigrade  in  5  to  8  seconds. 

Sec.  8770.  Sensibility  of  scales  used. — The  sensibility  of  all  scales 
used  for  weighing  cream  samples  into  the  test  bottles  shall  be  not 
more  than  30  milligrams  and  the  standard  weights  shall  be  9  grams 
and  18  grams. 


660  LAWS    CONCERNING    WEIGHTS   AND    MEASURES 

Sec.  8771.  Babcock  tester;  speed  of  operation  prescribed. — In  all 
testing  of  milk  or  cream  where  the  same  is  received  or  purchased 
upon  the  basis  of  the  amount  of  butter  fat  contained  therein?  the 
Babcock  tester  shall  be  operated  at  the  proper  speed  which  is  as 
follows : 

For  tester  with  diameter  of  14  inches  the  speed  shall  be  between 
875  and  925  revolutions  per  minute. 

For  tester  with  diameter  of  16  inches,  the  speed  shall  be  between 
825  and  875  revolutions  per  minute. 

For  tester  with  diameter  of  18  inches,  the  speed  shall  be  between 
775  and  825  revolutions  per  minute. 

For  tester  with  diameter  of  20  inches,  the  speed  shall  be  between 
725  and  775  revolutions  per  minute. 

For  a  tester  with  a  diameter  of  24  inches,  the  speed  shall  be  be- 
tween 575  and  625  revolutions  per  minute. 

Oregon  Laws,  1920,  Vol.  2,  Title  34,  ch.  15,  p.  2396. 

Sec.  5956  (al913).  Inspection  and  sealing  of  railroad  track  scales. — All 
track  scales  used  by  railroads  within  this  State  for  the  purpose  of 
weighing  cars  or  freight  offered  for  shipment  in  carload  lots  shall  be 
under  the  jurisdiction  of  the  railroad  commission  of  Oregon,  and 
subject  to  its  inspection.  It  shall  be  the  duty  of  said  commission 
from  time  to  time  to  test  and  inspect  all  such  scales,  and  to  cause 
such  scales  to  be  put  in  an  accurate  condition.  Said  commission 
shall  approve  a  suitable  sealing  device,  and  cause  all  track  scales  in- 
spected under  the  provisions  hereof  to  be  officially  sealed  with  such 
device,  when  such  scales  are  found  or  made  to  be  accurate.  The  said 
commission  shall  ascertain  and  declare  the  reasonable  cost  of  making 
each  inspection,  and  certify  the  same  to  the  secretary  of  state  and 
the  railroad  operating  the  scale  inspected,  whereupon  it  shall  be  the 
duty  of  the  corporation  or  person  operating  such  track  scale  to  pay 
the  cost  of  said  inspection  as  so  declared  into  the  State  treasury, 
which  sums  shall  be.  by  the  State  treasurer,  placed  to  the  credit  of  a 
fund  to  be  designated  and  known  as  the  "  Track  scale  inspection 
fund,'"  to  be  used  by  the  railroad  commission  of  Oregon  in  carrying 
out  the  provisions  of  this  act,  and  disbursed  as  other  public  moneys 
are  disbursed  as  provided  by  law. 

Sec.  5957  (1911).  Sealing  device,  breaking  or  tampering  with. — Any 
person  who  shall  break  or  tamper  with  or  cause  to  be  changed,  broken 
or  tampered  with,  the  sealing  device  or  sealing  thereof  after  the  same 
has  been  installed  or  inspected  by  any  commissioner  or  inspector  of 
the  railroad  commission  of  Oregon  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  5958.  Apparatus  for  making  tests,  procuring  of. — The  railroad 
commission  of  Oregon  is  hereby  authorized  and  directed  to  procure 
by  purchase,  lease  or  otherwise,  necessaiy  apparatus  to  make  the 
tests  and  inspections  herein  provided,  and  to  employ  the  necessary 
experts  and  inspectors  therefor  and  to  fix  their  compensation.  All 
such  apparatus  shall  be  transported  free  by  every  railroad  in  this 
State,  when  necessary  for  the  purpose  of  making  the  tests  and  inspec- 
tions herein  provided. 


OREGON  '?* .,  ,  "*  661 

Oregon  Laws,  1920,  Vol.  2,  Title  34,  ch.  27,  p.  2418. 

Sec.  6051  (1911).  Standards  for  measurement;  accurate  appliances  for 
public  utilities. — The  commission  [railroad  commission]  shall  ascer- 
tain and  fix  adequate  and  serviceable  standards  for  the  measurement 
of  quality,  pressure,  initial  voltage  or  other  conditions  pertaining  to 
the  supply  of  the  product  or  service  rendered  by  any  public  utility 
and  prescribe  reasonable  regulations  for  examination  and  testing 
of  such  product  or  service  and  for  the  measurement  thereof.  It 
shall  establish  reasonable  rules,  regulations,  specifications  and  stand- 
ards to  secure  the  accuracy  of  all  meters  and  appliances  for  measure- 
ments, and  every  public  utility  is  required  to  carry  into  effect  all 
orders  issued  by  the  commission  relative  thereto. 

Sec.  6052.  Testing  of  measuring  appliances;  fees. — The  commission 
shall  provide  for  the  examination  and  testing  of  any  and  all  ap- 
pliances used  for  the  measuring  of  any  product  or  service  of  a  public 
utility,  and  may  provide  by  rule  that  no  such  appliance  shall  be  in- 
stalled and  used  for  the  measuring  of  any  product  or  service  of  any 
public  utility  until  the  same  has  been  examined  and  tested  by  the 
commission  and  found  to  be  accurate.  The  commission  shall  declare 
and  establish  a  reasonable  fee  governing  the  cost  of  such  examina- 
tion and  test,  Avhich  shall  be  paid  to  the  commission  by  the  public 
utility. 

The  commission  shall  declare  and  establish  reasonable  fees  for  the 
testing  of  such  appliances  on  the  application  of  the  consumer  or 
user,  the  fee  to  be  paid  by  the  consumer  or  user  at  the  time  of  his 
request,  but  to  be  repaid  to  the  consumer  or  user  by  the  commission 
and  to  be  paid  by  the  public  utility  if  the  appliance  be  found  defec- 
tive or  incorrect  to  the  disadvantage  of  the  consumer  or  user  beyond 
such  reasonable  limit  as  may  be  prescribed  by  the  commission.  All 
fees  collected  under  the  provisions  of  this  section  shall  be  paid  by 
the  commission  into  State  treasury. 

The  commission  may  purchase  such  materials,  apparatus  and 
standard  measuring  instruments  for  such  examination  and  tests  as  it 
may  deem  necessary. 

Sec.  6053.  Entry  upon  premises  for  inspection  or  test. — The  commis 
sion,  its  agents,  experts,  examiners  or  inspectors  shall  have  power  to 
enter  upon  any  premises  occupied  by  any  public  utility  for  the  pur- 
pose of  making  any  inspection,  examination  or  test  provided  in  this 
act  and  to  set  up  and  use  on  such  premises  any  apparatus  and  ap- 
pliance and  occupy  reasonable  space  therefor. 

Oregon  Laws,  Vol.  2,  Title  34,  ch.  30,  p.  2439. 

Sec.  6112  (1917).  Definition  of  public  warehouse;  two  classes. — The 
term  "  public  warehouse  "  when  used  in  this  act,  includes  any  ele- 
vator, mill,  warehouse  or  structure  in  which  grain  or  hay  is  received 
from  the  public  for  storage,  shipment  or  handling,  whenever  such 
grain  or  hay  is  carried  or  intended  to  be  carried  to  or  from  such 
warehouse,  elevator,  mill  or  structure  by  a  common  carrier. 

The  term  public  "terminal  warehouse"  wherever  used  in  this  act 
shall  be  held  and  construed  to  mean  any  elevator,  mill  or  ware- 
house located  in  such  cities  in  the  State  as  may  hereafter  be  desig- 


662  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

nated  as  inspection  points  by  the  public  service  commission  of 
Oregon,  in  which  grain  is  received  from  the  public  for  storage  and 
the  grain  of  different  owners  mixed  together  or  stored  in  special 
piles  or  bins  and  for  which  receipts  are  issued  covering  the  grain 
received.  Public  terminal  grain  warehouses  shall  be  of  two  classes,  to 
wit,  "  class  A"  grain  warehouses  and  "  class  B  "  grain  warehouses. 
Class  A  grain  warehouses  shall  include  all  warehouses  the  proprietors 
of  which  shall  elect  to  take  licenses  under  the  provisions  of  this  act 
relative  to  grain  warehouses  issuing  registered  grain  warehouse 
receipts.  All  other  public  terminal  warehouses  shall  be  known  as 
class  B  grain  warehouses.  The  term  warehouseman  when  used  in 
this  act  includes  any  firm,  person,  company,  corporation  or  associa- 
tion of  persons  owning,  operating  or  controlling  any  public  ware- 
house. The  term  "  commission "  when  used  in  this  act  means  the 
public  service  commission  of  Oregon. 

Sec.  6113.  Weighing,  inspecting  and  grading  of  commodities,  may  be 
authorized  when. — *  *  *  The  commission  may  by  resolution 
authorize  the  weighing,  inspection  and  grading,  upon  request  of  any 
interested  party  of  commodities  of  commerce  other  than  grain  or 
hay,  such  as  grain  or  hay  products,  rice,  beans,  and  other  similar 
articles,  nitrates  and  other  fertilizers,  sulphur,  and  other  chemicals 
used  in  the  arts,  or  in  manufacturing,  when  same  are  received  from 
or  delivered  to  any  rail  or  water  carrier  in  the  State  in  commercial 
transportation,  and  may  authorize  the  certification  of  the  weights 
and  grades  thereof.  Fees  for  such  service,  sufficient  to  cover  the 
cost  thereof  shall  be  fixed  by  the  commission.  Such  commission 
shall  investigate  all  complaints  of  fraud  or  injustice  in  the  grain 
and  hay  trade,  fix  the  charges  of  public  and  terminal  warehouses, 
and  make  all  necessary  rules  and  regulations  for  carrying  out  and 
enforcing  the  provisions  of  this  act,  and  of  all  laws  of  the  State 
relating  to  this  subject. 

Sec.  6114.  Chief  inspector,  appointment  of. — The  commission  shall 
appoint  a  chief  inspector,  who  shall  be  thoroughly  familiar  with 
the  grains,  grain  products  and  forage  crops  of  Oregon,  Washington, 
Idaho  and  Montana  and  shall  have  had  at  least  five  years'  experi- 
ence in  handling  such  products.     *     *     * 

Sec.  6115  (al919).  Deputies,  inspectors,  samplers,  and  weighers,  ap- 
pointment.— The  chief  inspector,  with  the  approval  of  the  commission, 
shall  appoint  such  number  of  deputies,  inspectors,  samplers  and 
weighers  as  may  be  necessary  to  properly  and  thoroughly  inspect 
and  weigh  grain,  hay,  grain  and  hay  products,  potatoes,  onions  and 
other  commodities  designated  herein  or  such  as  may  hereafter  be 
designated  by  resolution  of  the  commission,  received  or  shipped, 
and  to  carry  out  the  provisions  of  this  act.  One  of  such  inspectors 
in  each  of  the  cities  as  may  be  designated  by  the  commission  as 
inspection  points,  shall  be  styled  chief  deputy  inspector.  Such  chief 
deputy  inspectors  shall  be  persons  qualified  by  training  and  experi- 
ence for  the  inspection  of  the  particular  commodities  which  they 
are  required  to  inspect.     *     *     * 

Sec.  6117  (1917).  Interest  in  grain,  grain  products,  etc.,  prohibited. — 
No  chief  inspector,  deputy  inspector,  sampler  or  weigher,  shall 
during  his  term  of  office,  be  interested  directly  or  indirectly  in  the 
handling,  storing,  shipping,  purchasing  or  selling  of  grain,  grain 
products,  hay  or  other  commodities  weighed  or  sampled. 


OBEGON  663 

Sec.  6118.  Neglect  of  duty;  penalty. — Any  inspector,  sampler  or 
weigher  who  shall  be  guilty  oi:  any  neglect  of  duty,  or  who  shall 
knowingly  or  carelessly  inspect,  sample  or  weigh  any  grain,  grain 
products,  hay,  or  other  commodities  improperly,  or  who  shall  directly 
or  indirectly  accept  any  money  or  other  consideration  for  any  neglect 
of  duty  or  any  improper  performance  of  duty  as  such  inspector, 
sampler  or  weigher  or  any  person,  persons,  corporation  or  agent 
who  shall  improperly  influence  or  attempt  to  improperly  influence 
any  inspector,  sampler  or  weigher  in  the  performance  of  his  duties 
of  such  inspector,  sampler  or  weigher  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  two  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  imprisonment  in  the  county  jail  not  less  than  six  months,  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court. 

Sec.  6119.  Inspection  points,  how  designated. — Such  cities  and  towns 
where  grain,  grain  products,  hay,  or  other  commodities  are  received 
in  carload  lots  or  by  watercraft,  may  be  designated  by  the  commis- 
sion as  inspection  points  and  be  provided  with  State  inspection  and 
weighing:  Provided,  That  the  expenditure  for  the  inspection  and 
weighing  at  the  points  designated  by  the  commission  shall  not 
exceed  the  receipts  of  fees  at  such  place  or  places. 

Sec.  6120.  Chief  inspector,  deputies,  etc.,  removal  of;  salaries. — The 
chief  inspector,  his  deputies,  samplers  and  weighers,  shall  be  em- 
ployes of  the  commission  and  may  be  removed  for  cause  at  any  time 
by  the  commission.  They  shall  be  paid  in  the  same  manner  as  other 
employes  of  said  commission. 

Sec.  6124  (al919).  Fees. — The  commission  shall  fix  the  fees  for 
inspection,  grading  and  weighing  of  grain,  hay,  grain  and  hay 
products,  potatoes  and  onions,  and  other  commodities  included  in 
the  provisions  of  this  act,  which  fees  shall  be  sufficient  to  cover  the 
cost  of  such  service.  The  fees  for  the  inspection  and  weighing  of 
grain  and  hay  shall' be  a  lien  upon  such  grain  and  hay,  and  to  be 
paid  by  the  carrier  transporting  the  same  and  treated  by  it  as  ad- 
vanced charges.  The  commission  shall  so  adjust  the  fees  to  be 
collected  under  this  act  as  to  meet  the  expenses  necessary  to  carry 
out  the  provisions  hereof,  and  may  prescribe  a  different  scale  of 
fees  for  different  localities.  The  commission  may  also  prescribe  a 
reasonable  charge  for  services  performed  at  places  other  than  public 
terminal  warehouses,  in  addition  to  the  regular  fees,  when  necessary 
to  avoid  rendering  the  service  at  a  loss  to  the  State.  All  moneys 
collected  under  the  provisions  of  this  act  and  all  fines  and  penalties 
for  violation  thereof  shall  be  paid  into  the  State  treasury. 

Sec.  6125.  Control  of  weighing  and  grading,  who  has;  appeal;  record 
of  carloads. — The  chief  inspector,  his  deputies  and  weighers,  shall  at 
the  places  provided  for  State  inspection  under  this  act,  have  exclu- 
sive control  of  the  weighing  and  grading  of  grain  and  hay  which 
shall  be  inspected  under  the  provisions  of  this  act  and  the  action  and 
certificate  of  such  inspectors  and  weighers  in  the  discharge  of  their 
duties,  as  to  all  commodities  weighed  or  inspected  by  them,  shall  be 
conclusive  upon  all  parties  interested :  Provided,  however.  An  appeal 
may  be  taken  to  the  commission  whose  decision  shall  be  final.  Suit- 
able books  and  records  shall  be  kept  in  which  shall  be  entered  a 
faithful  and  true  record  of  every  carload  or  cargo  or  part  of  cargo 


664  JLAWS   CONCERNING   WEIGHTS   AND   MEASURES 

of  grain,  grain  products,  hay  and  other  commodities  inspected  or 
weighed  by  them,  showing  the  number  and  initial  or  other  designa- 
tion of  the  car  or  boat  containing  such  carload  or  cargo  or  part  of 
cargo,  its  weight,'  the  kind  of  grain,  grain  products,  hay  or  other 
commodity,  and  its  grade,  and  if  graded  standard  No.  1  grade 
the  reason  for  such  grade;  if  of  inferior  grade  the  amount  of  such 
dockage,  the  amount  of  fees  and  forfeitures  and  disposition  of  same, 
and  for  each  car,  or  cargo  or  part  of  cargo  of  grain,  grain  products, 
hay  or  other  commodity  inspected  they  shall  give  a  certificate  of 
inspection  showing  the  kind  and  grade  of  the  same  and  the  reason 
for  all  grades  below  No.  1,  the  amount  to  be  allowed  for  dockage, 
if  any,  the  number  of  sacks,  bales,  or  other  parcels  thereof,  with  the 
grade  or  grades  and  weight  of  same,  if  requested  to  do  so  by  con- 
signor or  consignee.  They  shall  also  furnish  the  agent  of  the  rail- 
road company  or  other  carrier  over  which  such  commodity  was 
shipped  or  carried,  a  certificate  showing  the  weight  thereof,  if  re- 
quested to  do  so.  They  shall  also  keep  a  true  record  of  all  appeals, 
decisions  and  a  complete  record  of  every  official  act,  which  books  and 
records  shall  be  open  to  inspection  by  any  party  in  interest. 

Sec.  6126  (1917).  Official  misconduct. — Upon  written  complaint  filed 
with  the  commission  charging  any  inspector,  sampler  or  weigher  with 
official  misconduct,  inefficiency,  incompetency  or  neglect  of  duty,  the 
commission  shall  investigate  such  charge,  and  if  it  be  found  sus- 
tained, shall  remove  such  officer. 

Sec.  6128  (al919).  Grain  and  hay,  inspection  and  weighing. — All 
grain  and  hay  received  at  public  terminal  warehouses  shall  be  in- 
spected and  weighed,  and  all  grain  delivered  out  of  any  class  A  grain 
warehouse  shall  be  weighed  by  a  State  inspector  and  when  exported 
shall,  if  requested,  be  reinspected  and  graded  in  like  manner  and  a 
certificate  of  grade  issued,  a  reasonable  fee  to  be  charged  for  such 
reinspection,  said  fee  to  be  fixed  by  the  commission.  All  other  grain 
and  hay  received  in  carload  lots,  or  when  shipped  by  water  in  lots 
containing  more  than  thirty  tons  of  grain,  or  ten  tons  of  hay,  at 
inspection  points,  not  unloaded  at  a  terminal  warehouse,  shall  be 
weighed,  inspected  and  graded. 

Sec.  6141.  Class  B  warehouse;  requirements  when  grain  or  hay  is 
received. — It  shall  be  unlawful  for  any  warehouseman  conducting  a 
class  B  grain  warehouse  to  receive  any  grain  into  his  warehouse 
without  having  the  same  inspected  and  weighed  in  by  a  State  grain 
inspector,  and  it  shall  be  the  duty  of  every  such  warehouseman  to, 
upon  request,  issue  or  cause  to  be  issued  a  receipt  for  each  con- 
signment of  grain  received,  showing  the  weight,  kind  and  grade  of 
such  grain,  the  name  of  the  owner  thereof  and  the  date  when  the 
same  was  received,  but  such  receipts  shall  not  be  entitled  to  regis- 
tration, and  grain  shall  be  delivered  from  such  warehouse  without 
notice  from  the  registrar  of  warehouse  receipts. 

Sec.  6142  (1917).  Fees;  class  A  grain  warehouse. — The  fees  for 
weighing  out  grain  from  a  class  A  grain  warehouse  and  for  inspect- 
ing out  grain  in  case  the  owner  desires  inspection  out,  shall  be  fixed 
by  the  public  service  commission  of  Oregon,  and  the  State  grain  in- 
spectors may,  when  requested  so  to  do  by  persons  desiring  grain  in- 
spected out,  issue  certificates  of  inspection  in  accordance  with  the 
names  of  the  grains  used  in  the  markets  to  which  the  grain  is  to  be 
shipped. 


OREGON  665 

Sec.  6149.  Cars,  opening  and  weighing. — *  *  *  The  chief  in- 
spector, his  deputies,  weighers  or  samplers  shall  break  the  seal, 
weigh  and  superintend  the  unloading  of  all  cars  o.f  grain  or  hay 
subject  to  inspection,  and  it  shall  be  unlawful  for  any  other  person 
or  persons  to  break  the  seal  or  weigh  such  cars  of  grain  or  hay. 

Sec.  6150.  Railroads  to  provide  suitable  track  scales;  control  and  in- 
spection; terminal  warehouse  scales. — *  *  *  Such  railroad  company 
[delivering  grain  or  hay  in  cars  at  any  of  the  places  provided  with 
State  inspection  under  this  act]  shall  provide  at  such  place  or  places 
as  the  commission  may  designate  suitable  track  scales  for  weighing 
cars  of  grain  or  hay.  Such  scales  shall  be  under  the  control  of  the 
chief  inspector  and  his  deputies.  It  shall  be  the  duty  of  the  chief 
inspector  or  his  deputies  to  require  the  railroad  company  to  correct 
all  scales  so  provided  as  often  as  may  be  necessary  to  insure  the 
correct  weighing  of  grain  or  hay.  Whenever  scales  have  been  in- 
stalled by  any  railroad  company  as  above  provided,  it  shall  be  the 
duty  of  the  chief  inspector  or  his  deputies  to  use  such  scales  in 
weighing  all  grain  or  hay  received  over  the  line  of  such  railway: 
Provided,  That  if  any  terminal  warehouse  in  inspection  cities  is 
provided  with  proper  scales  and  weighing  facilities,  the  chief  in- 
spector or  his  deputies  may  weigh  the  grain  upon  the  scales  so 
provided. 

Sec.  6152.  Public  scales,  owners  or  operators  of  may  be  appointed  as 
State  weighmasters ;  fees ;  monthly  report ;  not  to  be  interested  in  storing, 
handling,  etc.;  rules  and  regulations. — Owners  or  operators  of  public 
scales  used  for  weighing  grain,  haj^  or  other  commodities,  may  be 
appointed  by  the  commission  as  State  weighers.  Every  such  scale 
owner  or  operator  who  may  be  appointed  as  State  weigher  shall  be 
required  to  give  a  bond  to  the  State  of  Oregon  in  a  sum  not  less 
than  one  thousand  dollars  and  to  subscribe  to  the  regular  oath  of 
office.  They  may  be  authorized  by  the  commission  to  issue  certifi- 
cates of  weight  for  such  commodities  as  they  may  weigh.  The  fees 
for  such  service  shall  be  fixed  by  the  commission  and  may  be  retained 
by  the  scale  owner  or  operator  as  compensation  for  the  service  per- 
formed. Such  owner  or  operator  shall  report  to  the  chief  inspector 
monthly  stating  the  quantity  of  all  grain  and  other  commodities 
weighed  and  the  amount  of  fees  collected  therefor.  No  owner  or 
operator  of  public  scales  appointed  as  State  weigher  shall,  during 
his  term  of  office,  be  interested  directly  or  indirectly  in  the  handling, 
storing,  shipping,  purchasing  or  selling  of  grain,  g^rain  products  or 
hay,  or  other  commodities,  included  within  the  provisions  of  this 
act.  The  commission  may  prescribe  rules  and  regulations  govern- 
ing weighing  of  grain,  grain  products,  hay  or  other  commodities  by 
owners  or  operators  of  public  scales  appointed  as  State  weighers. 

Sec.  6153.  Unloading  grain  or  hay  at  unusual  hours  or  working  days, 
provision  for. — When  occasions  arise  where  it  is  deemed  advisable  to 
load  or  unload  cars  or  cargoes  of  grain  or  hay  outside  of  the  usual 
working  days  or  working  hours,  the  proper  chief  deputy  shall  pro- 
vide inspectors  and  weighers  necessary  to  supervise  the  inspection 
and  weighing  of  such  commodities  and  the  commission  shall,  by  rule, 
fix  a  reasonable  sum  per  hour  to  be  paid  therefor  by  the  party  re- 
questing such  unusual  service,  which  fees  shall  be  in  addition  to  the 
regular  inspection  fees  provided  for  weighing  and  inspection.     All 


666  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

moneys  collected  under  the  provisions  of  this  section  shall  be  paid 
into  the  State  treasury  and  an  amount  not  exceeding  such  additional 
fees  may  be  paid  to  the  deputy  weighers  and  inspectors  by  whom 
such  additional  service  may  be  performed. 

Sec.  6154  (al919).  Shipper's  weight  and  grade  conclusive,  when. — 
When  grain  or  hay  is  shipped  to  points  where  inspection  is  provided 
and  the  grain  or  hay  is  unloaded  without  being  inspected  or  weighed 
by  a  duly  authorized  deputy  grain  inspector  under  the  provisions  of 
this  act,  the  shipper's  weight  and  grade  shall  be  conclusive  and  final 
and  shall  be  the  weight  and  grade  upon  which  settlement  shall  be 
made  with  the  seller. 

Sec.  6155  (1917).  Penalty. — Any  railroad  company  or  common 
carrier  or  other  corporation,  and  any  warehouseman,  which  shall  vio- 
late or  fail  to  comply  with  any  provisions  of  this  act,  or  which  fails, 
omits  or  neglects  to  obey,  observe  or  comply  with  any  order,  rule  or 
any  direction,  demand  or  requirement  of  the  commission  made  under 
the  provisions  of  this  act,  shall  be  subject  to  a  penalty  of  not  to  exceed 
the  sum  of  one  thousand  dollars  for  each  and  every  offense,  and  every 
such  violation  shall  be  a  separate  and  distinct  offense,  and  in  case  of 
a  continuing  violation,  every  day's  continuance  thereof  shall  be  and 
be  deemed  to  be  a  separate  and  distinct  offense.  Every  officer,  agent 
or  employee  of  any  railroad  company  or  common  carrier,  or  other 
corporation,  or  any  warehouseman,  which  shall  violate  or  fail  to 
comply  with,  or  who  procures,  aids  or  abets  any  violation  by  any 
such  railroad  company  or  common  carrier,  or  other  corporation  or 
warehouseman,  of  any  provision  of  this  act,  or  who  shall  fail  to  obey, 
observe  or  comply  with  any  order  of  the  commission;  or  any  provi- 
sion of  any  order  of  the  commission ;  or  who  procures,  aids  or  abets 
any  such  railroad  company  or  common  carrier,  or  other  corporation, 
or  any  warehouseman,  in  its  failure  to  obey,  observe  and  comply  with 
any  such  order  or  provision  shall  be  punished  upon  conviction  by  a 
fine  of  not  more  than  one  thousand  dollars  or  by  imprisonment  in  the 
county  jail  not  more  than  one  year  or  by  both  fine  and  imprisonment. 
Every  person,  either  individually  or  acting  as  an  official  or  agent 
of  any  corporation  other  than  a  railroad  company,  common  carrier 
or  warehouseman,  who  shall  violate  any  provision  of  this  act,  or  fail 
to  observe  or  comply  with  any  order  made  by  the  commission  under 
this  act,  so  long  as  the  same  shall  be  or  remain  in  force;  or  shall 
procure,  aid  or  abet  any  such  corporation,  in  its  violation  of  this  act, 
or  in  its  failure  to  obey,  observe  or  comply  with  any  such  order,  shall 
be  punished  upon  conviction  by  a  fine  of  not  more  than  one  thousand 
dollars  or  by  imprisonment  in  the  county  jail  not  more  than  one  year, 
or  by  both  fine  and  imprisonment. 


PENNSYLVANIA 
Const.,  Art.  III. 

Sec.  27  (1879).  Inspection  of  merchandise. — No  State  office  shall  be 
continued  or  created  for  the  inspection  or  measuring  of  any  mer- 
chandise, manufacture,  or  commodity;  but  any  county  or  munici- 
pality may  appoint  such  officers,  when  authorized  by  law. 

Stats.,  1920,  p.  2089. 

Sec.  21546  (1911).  Bureau  of  standards;  department  of  internal  af- 
fairs; legal  weights  and  measures. — The  establishment  of  a  bureau  of 
standards  be  and  is  hereby  authorized,  in  the  department  of  internal 
affairs  of  Pennsylvania,  for  the  purpose  of  regulating  and  maintain- 
ing a  uniform  standard  of  legal  weights  and  measures  in  this  Com- 
monwealth, to  conform  with  the  original  standards  of  weights  and 
measures  as  adopted  by  Congress,  and  verified  by  the  National  Bureau 
of  Standards;  and  to  assist  in  securing  the  enforcement  of  laws 
relating  to  sealers  of  weights  and  measures,  now  in  force  or  that  may 
hereafter  be  enacted. 

Sec.  21547,  as  amended  by  P.  L.,  1921,  Act  414,  p.  1119.  Chief;  duties, 
report ;  testing  of  weights  and  measures ;  right  of  entry ;  stopping  vehicles ; 
condemning  false  weights  or  measures;  destruction  of  false  weights  or 
measures;  expenses;  salary  of  chief;  deputies;  clerical  assistance. — That 
as  soon  as  practicable  after  the  final  passage  and  approval  of  this 
act,  the  secretary  of  internal  affairs  shall  appoint  a  competent  person 
to  serve  as  chief  of  the  bureau  of  standards,  whose  duty  it  shall  be 
to  have  custody  of  the  State  standards  of  weights  and  measures; 
shall  compare,  test,  and  regulate  all  weights  and  measures  of  all 
city  and  borough  sealers,  now  in  office,  or  who  may  hereafter  be 
appointed,  in  the  Commonwealth  of  Pennsylvania,  with  the  State 
standards  when  presented  at  his  office  for  that  purpose ;  shall  certify 
to  their  correctness  by  affixing  his  official  stamp  thereto,  with  his 
name  and  date  of  examination  clearly  marked  thereon  shall  preserve 
in  his  office  an  appropriate  record  of  services  rendered  and  work 
performed  by  him,  or  under  his  direction,  in  pursuance  of  this  act; 
shall  file  in  his  office  annual  and  other  reports  received  from  the 
local  sealers;  and  shall,  on  or  before  the  thirtieth  day  of  November 
in  each  year,  submit  a  report  in  writing  to  the  secretary  of  internal 
affairs,  for  publication  as  a  separate  document  in  book  form,  setting 
forth,  in  sufficient  detail,  the  work  done  in  said  bureau  and  the  work 
reported  to  him  by  the  local  sealers,  together  with  such  other  matter 
relating  to  that  subject  as  may  be  deemed  of  value  and  interest  to 
the  citizens  of  this  Commonwealth.  The  chief  of  the  bureau  of 
standards  or  any  of  his  deputies  shall  have  power  to  enter  into  any 
county  or  city,  and  to  test  all  instruments  and  devices  used  in  weio-li- 
ing  or  measuring  anything  sold  or  to  be  sold,  including  instruments 
and  devices  for  weighing  of  coal  mines  and  seal  the  same  if  found 

667 


668  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

to  be  correct.  For  the  purpose  of  making  such  test,  the  chief  of  the 
bureau  of  standards  or  any  of  his  deputies  may,  at  any  reasonable 
time  and  without  formal  warrant,  enter  upon  any  premises,  and 
may,  on  an}'  public  highway,  stop  any  vendor  or  dealer,  or  the  agent 
or  servant  of  any  such  vendor  or  dealer,  or  stop  any  vehicle  used  in 
delivering  any  commodity  which  is  weighed  or  measured  as  delivered. 
They  may  condemn,  and  mark  as  condemned,  or  may  seize,  any  false 
or  illegal  instrument  or  device  used,  or  intended  to  be  used,  in  weigh- 
ing or  measuring.  If  they  shall  seize  any  such  instrument  or  device, 
they  shall  retain  possession  thereof  until  it  shall  have  been  used  as 
evidence  in  any  prosecution  under  the  laws  of  this  Commonwealth 
relating  to  weights  and  measures  or  to  the  sale  of  commodities.  After 
the  determination  of  such  prosecution,  the  false  or  illegal  instrument 
or  device  shall  be  destroyed  unless  otherwise  ordered  by  the  proper 
court. 

The  chief  of  said  bureau  of  standards  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  as  other  employes  of 
said  department  are  now  paid  and  all  necessary  expenses  incurred 
in  the  discharge  of  his  official  duties  under  this  act.  The  secretary 
of  internal  affairs  is  authorized  to  appoint  twelve  deputies  in  the 
bureau  of  standards  at  an  annual  salary  of  twenty-five  hundred  dol- 
lars each.  Such  deputies  shall  also  receive  their  actual  and  necessary 
expenses  incurred  in  the  performance  of  their  duties.  The  secretary 
of  internal  affairs  may  also  assign  such  additional  assistance,  from 
the  clerical  force  of  his  department,  to  the  work  of  said  bureau 
as  he  may  find  necessary  from  time  to  time. 

Sec.  21548  (1911).  Standard  of  weight,  length,  and  capacity;  appro- 
priation.— In  order  to  carry  this  act  into  effect,  it  shall  be  the  duty 
of  the  secretary  of  internal  affairs  of  this  Commonwealth  to  procure, 
as  soon  as  practicable  after  the  passage  of  this  act,  a  complete  set 
of  standards  of  weight,  length,  and  capacity,  to  be  verified  by  the 
Bureau  of  Standards  of  the  United  States  Government,  and  to 
conform  with  the  standards  of  weight,  length,  and  capacity  estab- 
lished by  the  National  Congress,  at  a  cost  not  exceeding  the  sum 
of  two  thousand  five  hundred  dollars,  to  be  paid  for  on  warrant  of 
the  auditor  general,  out  of  funds  of  the  State  treasury,  which 
sum  is  hereby  specifically  appropriated  for  that  purpose,  or  so 
much  thereof  as  may  be  necessary. 

Sec.  21549.  Booms. — The  board  of  public  grounds  and  buildings 
are  hereby  required  to  furnish  a  suitable  room  or  rooms,  in  the  State 
Capitol  Building,  for  the  safekeeping  and  convenient  use  of  said 
standards  of  weights  and  measures  and  for  office  use  of  said  bureau 
of  standards. 

Sec.  21550  1  (al917).  Inspectors;  salaries;  expenses;  how  payable;  com- 
bination; terms;  charges;  hearing;  other  service  prohibited. — The 
mayors  of  cities  of  the  second  and  third  class,  and  the  several  boards 
of  county  commissioners,  shall,  respectively,  appoint  one  or  more 
competent  persons  as  inspectors  of  weights  and  measures,  in  the 
respective  county  or  city,  whose  salary  shall  not  be  less  than  one  thou- 
sand dollars  per  annum,  to  be  paid  out  of  the  respective  revenues 
of  such  county  or  city:  Provided,  however,  That  the  payment  of  a 
minimum  salary  shall  not  apply  to  counties  having  a  population  of 

1  But  see  Commonwealth,  ex  rel.  Lowell,   v.  Hoyt,  254  Pa.,  p.  45. 


PENNSYLVANIA  669 

fifteen  thousand  or  less.  In  addition  to  the  salary  provided  by 
law,  the  said  county  and  city  inspectors  shall  be  entitled  to  receive 
the  actual  expenses  incurred  by  them  personally  in  performing  the 
duties  of  their  office ;  such  as  transportation,  hotel,  livery,  telephone, 
telegraph,  and  postal  charges,  to  be  paid  by  the  boards  of  county 
commissioners  of  their  respective  counties  and  by  the  proper  offi- 
cers of  their  respective  cities,  in  such  proportion  as  may  be  agreed 
upon  by  said  boards  of  county  commissioners  and  proper  officers 
of  cities,  on  bills  itemized  and  properly  sworn  to :  Provided,  how- 
ever, That  nothing  in  this  act  shall  be  construed  to  prevent  two  or 
more  counties,  or  any  county  and  city,  from  combining  the  whole 
or  any  part  of  their  districts,  as  may  be  agreed  upon  by  the  board 
of  county  commissioners  and  mayors  of  cities,  with  one  set  of  stand- 
ards and  one  inspector,  upon  the  written  consent  of  the  chief  of 
the  bureau  of  standards:  Provided  further,  In  cities  of  the  first 
class  the  inspectors  shall  be  appointed  by  the  county  commissioners 
of  the  county  in  which  the  said  city  may  be  located.  Any  inspector 
appointed  in  pursuance  of  an  agreement  for  such  combination  shall, 
subject  to  the  terms  of  his  appointment,  have  the  same  authority 
and  duties  as  if  he  had  been  appointed  by  each  of  the  authorities 
who  are  parties  to  the  agreement.  The  county  and  city  inspectors 
of  weights  and  measures,  as  appointed  by  the  respective  counties 
and  cities,  shall  hold  their  office  during  good  behavior;  and  shall 
not  be  removed,  discharged,  or  reduced  in  pay  or  position  except 
for  inefficiency,  incapacity,  conduct  unbecoming  employes,  or  other 
just  cause,  and  until  the  said  officials  shall  have  been  furnished 
with  written  statements  of  the  reason  for  such  removal,  discharge, 
or  reduction,  and  shall  have  been  given  reasonable  time  to  make 
written  answer  thereto.  Nor  shall  such  removal,  discharge,  or  re- 
duction be  made  until  the  charge  or  charges  shall  have  been  exam- 
ined into  and  found  true  in  fact  by  the  appointing  power  of  such 
county  or  city,  at  a  hearing,  upon  reasonable  notice  to  the  person 
charged,  at  which  time  he  may  be  represented  by  counsel  and  offer 
testimony  or  witnesses  in  his  own  behalf.  It  shall  be  unlawful  for 
any  sealer  or  inspector  of  weights  and  measures,  or  any  of  his  depu- 
ties, to  perform  clerical  or  other  services  for  the  county  or  city  of 
their  respective  districts. 

Sec.  21551.  Standard  tests. — All  county  and  city  inspectors  so  ap- 
pointed shall  be  supplied,  at  the  expense  of  their  respective  counties 
and  cities,  with  standard  tests  of  weights  and  measures,  in  con- 
formity with  those  established  by  the  Government  of  the  United 
States  or  the  bureau  of  standards  of  the  State,  and  the  laws  of  this 
Commonwealth;  and  to  ensure  the  accuracy  of  these  tests  they  shall 
be  compared  with  the  standard  tests  to  be  purchased  by  the  secretary 
of  internal  affairs,  and,  when  so  compared  and  their  correctness 
established,  they  shall  be  so  stamped  or  marked  in  such  manner  as 
may  be  established  by  the  rules  and  regulations  hereinbefore  referred 
to,  to  be  put  in  force  by  said  secretary  of  internal  affairs,  and  ap- 
proved by  the  governor  of  the  Commonwealth. 

Sec.  2i552.  Reports. — Each  inspector  shall  report  in  writing,  at 
least  once  every  month,  to  the  chief  of  the  State  bureau  of  standards, 
upon  blanks  furnished  by  the  chief.  Such  report  shall  contain:  (1) 
The  number  of  tests  made  since  the  last  preceding  report.  (2)  The 
number  of  weights,  measures,  and  balances  found  by  such  tests  to 


670  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

be  correct.  (3)  The  number  of  weights,  measures  and  balances 
found  by  such  tests  to  be  false.  (4)  The  number  of  prosecutions 
instituted  by  such  inspector  since  the  last  preceeding  report,  together 
with  the  name  of  the  accused,  the  title  of  the  court  where  the  prose- 
cution was  instituted,  and  the  result  of  such  prosecution.  (5)  Such 
other  matters  as  the  chief  may,  from  time  to  time,  prescribe. 

Sec.  21553.  Custody  of  standards;  testing;  sealing;  rights  of  entry; 
seizure. — The  inspectors  shall  take  charge  of  and  safely  keep  the 
proper  standards.  They  shall  be  furnished  by  the  chief  of  the  bureau 
of  standards  of  this  Commonwealth  with  full  specifications  of 
tolerances  and  allowances  to  be  used  by  them  in  the  performance  of 
their  duties.  Each  inspector  shall  have  power,  within  his  respective 
jurisdiction,  to  test  all  instruments  and  devices  used  in  weighing  or 
measuring  anything  sold  or  to  be  sold,  including  instruments  and 
devices  for  weighing  at  coal  mines,  and  seal  the  same  if  found  to 
be  correct.  Such  test  shall  include  all  appliances  connected  or  used 
with  such  instruments  or  devices.  For  the  purpose  of  making  such 
test,  each  inspector,  at  any  reasonable  time  and  without  formal 
warrant,  may  enter  upon  any  premises;  and  may,  on  any  public 
highway,  stop  any  vendor  or  dealer,  or  the  agent  or  servant  of  such 
vendor  or  dealer,  or  stop  any  vehicle  used  in  delivering  any  com- 
modity which  is  weighed  or  measured  as  delivered.  He  may  con- 
demn and  mark  as  condemned,  or  may  seize,  any  false  or  illegal  in- 
strument or  device  used,  or  intended  to  be  used,  in  weighing  or 
measuring.  If  he  shall  seize  any  such  instrument  or  device,  he  shall 
retain  possession  thereof  until  it  shall  have  been  used  as  evidence 
in  any  prosecution  under  the  laws  of  this  Commonwealth  relating  to 
weights  and  measures  or  to  the  sale  of  commodities.  After  the  deter- 
mination of  such  prosecution,  the  false  or  illegal  instrument  or  de- 
vice shall  be  destroyed,  unless  otherwise  ordered  by  the  proper  court. 

Sec.  21555  (1895).  New  scales,  weights  and  measures  to  be  tested. — 
Any  person  or  persons  purchasing  new  scales,  weights  or  measures 
that  do  not  contain  the  stamp  of  the  inspector  shall,  before  using 
them,  notify  the  inspector  of  the  district  and  have  them  tested,  and 
all  scales,  weights  or  measures  that  cannot  be  adjusted  by  the  in- 
spector shall  be  removed  and  destroyed. 

Sec.  21556,  as  amended  by  P.  L.,  1923,  Act  No.  409,  p.  992.  Use  of 
false  or  insufficient  weights  or  measures;  jurisdiction;  penalties;  fines  to 
be  paid  into  county  treasury;  violations  by  inspectors;  misdemeanors;  pen- 
alty.— Each  person  who  shall,  directly  or  indirectly,  or  by  his  servant 
or  agent,  or  as  the  servant  or  agent  of  another,  violate  any  of  the 
provisions  of  this  act,  or  give  or  offer  to  give  any  false  or  insufficient 
weight  or  measure,  or  use  any  weighing  device  after  it  shall  have 
been  condemned  and  before  it  shall  have  been  adjusted  and  sealed,  or 
obstruct  or  attempt  to  obstruct  any  inspector  in  the  performance  of 
his  duty,  shall,  upon  conviction  thereof  in  a  summary  proceeding 
before  any  alderman,  magistrate,  or  justice  of  the  peace  of  the  proper 
city  or  county,  for  the  first  offense,  be  sentenced  to  pay  a  fine  not  to 
exceed  twenty-five  dollars;  for  the  second  offense,  shall  be  sentenced 
to  pay  a  fine  not  exceeding  fifty  dollars ;  and  for  each  subsequent  of- 
fense, shall  be  sentenced  to  pay  a  fine  of  not  more  than  one  hundred 
dollars,  or  to  undergo  an  imprisonment  in  the  proper  county  jail 
for  not  more  than  thirty  days,  or  both,  in  the  discretion  of  the  court. 


PENNSYLVANIA  671 

In  default  of  the  payment  of  any  fine  as  aforesaid,  the  person  con- 
victed shall  be  sentenced  to  serve  one  day  in  jail  of  the  proper  county 
for  each  dollar  of  the  fine  and  costs.  All  such  fines  shall  be  paid  to 
the  treasurer  of  the  respective  city  or  county  in  which  the  offense  was 
committed. 

It  shall  be  unlawful  for  any  inspector  to  use  any  tests  or  standards, 
or  to  attempt  to  use  the  same,  in  ascertaining  the  correctness  or  ac- 
curacy of  weights  and  measures,  until  such  comparisons  are  made 
and  their  accuracy  established  and  so  stamped  or  marked.  It  shall 
be  unlawful  for  any  inspector  to  manufacture,  sell,  or  offer  to  sell 
any  weighing  or  measuring  device  used  in  the  sale  of  commodities,  or 
to  repair  or  offer  to  repair  any  weighing  or  measuring  device  other 
than  such  adjustments  as  he  may  find  necessary  in  the  performance 
of  his  official  duties,  for  which  no  fees  shall  be  collected.  Any 
inspector  violating  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  therefor,  shall  be  fined  not  ex- 
ceeding one  thousand  ($1,000)  dollars,  or  undergo  imprisonment  for 
a  period  not  exceeding  one  year,  or  both  or  either,  at  the  discretion 
of  the  court. 

Sec.  21557  (1895).  Eefusal  to  allow  inspection. — Any  person,  upon 
arrest  and  conviction  before  a  magistrate  or  justice  of  the  peace  for 
refusing  to  allow  his  scales,  weights  and  measures  to  be  inspected, 
shall  be  fined  ten  dollars  and  costs  of  court,  or  be  sentenced  to  im- 
prisonment for  a  period  of  not  more  than  ten  days. 

Sec.  21558.  Altering  scales,  etc.,  after  adjustment. — Any  person  who 
shall,  after  his  scales,  weights  and  measures  have  been  inspected  in 
accordance  with  the  provisions  of  the  fifth  section  of  this  act 
[section  21555] ,  alter  or  cause  to  be  altered  his  said  inspected  scales, 
weights  and  measures  so  that  they  be  decreased  in  size  or  amount, 
or  who  shall  substitute  for  said  inspected  weights  and  measures  any 
other  weights  and  measures  of  smaller  size  or  amount,  shall,  upon 
the  arrest  and  conviction  before  a  magistrate  or  justice  of  the  peace, 
be  fined  not  more  than  twenty  dollars  and  cost  of  court,  and  in 
default  of  the  payment  of  such  fine  and  costs  shall  be  imprisoned 
for  a  period  not  more  than  ten  days. 

Sec.  21560  (1850).  Penalty  for  selling  by  short  weight  or  measure. — 
Whenever  any  description  of  manufactured  goods,  commonly  called 
dry  goods  or  groceries,  shall  be  sold  by  the  piece,  in  packages  or 
by  weight,  and  the  said  pieces  or  packages  shall  be  marked  or  rep- 
resented to  contain  a  certain  number  of  yards,  pounds  or  ounces, 
and  the  same  shall  be  sold  as  containing  that  number  or  weight,  when 
in  fact  the  said  pieces  or  packages  shall  contain  a  less  number  of 
yards,  or  pounds  or  ounces,  than  so  represented,  the  seller  or  manu- 
facturer thereof  shall  forfeit  and  pay  to  the  purchaser  a  sum  equal 
to  double  the  value  of  the  quantity  or  weight  found  to  be  deficient, 
to  be  recovered  by  action  of  debt,  in  any  court  of  law,  or  before  any 
alderman  or  justice  of  the  peace  in  this  Commonwealth,  in  the  same 
manner  that  debts  of  like  amount  are  now  by  law  recoverable. 

Sec.  21561  (1883).  Penalty  for  using  false  scales,  weights,  and  meas- 
ures.— Any  person  or  persons  who  shall  wilfully  use  and  sell  by  false 
beams,  scales,  weights  and  measures,  any  article,  merchandise,  com- 
modity or  thing,  shall  be  guilty  of  a  misdemeanor,  and  on  being 

517—27 43 


672  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

convicted  thereof,  shall  be  sentenced  to  pay  a  fine  not  exceeding 
two  hundred  dollars,  and  to  undergo  an  imprisonment  not  exceeding 
three  months,  or  both,  or  either,  at  the  discretion  of  the  court. 

Sec.  21562  (1850).  True  meridian  to  be  fixed. — The  county  commis- 
sioners of  the  several  counties  of  this  Commonwealth  are  hereby 
authorized  and  directed,  within  two  years  from  and  after  the  passage 
of  this  act,  to  cause  to  be  marked  and  established  on  some  inalienable 
property  belonging  to  the  county,  or  on  some  such  property  as  the 
commissioners  of  the  county  may  hereafter  acquire  for  that  purpose, 
at  or  near  the  seat  of  justice  of  the  several  counties,  a  true  meridian 
line,  and  a  fixed  standard  measure,  of  a  two  or  four  pole  chain,  agree- 
ing with  and  made  after  the  measure  of  the  standard  yard  now  in  the 
office  of  the  secretary  of  the  Commonwealth;  and  the  cost  whereof 
to  be  paid  out  of  the  respective  county  treasuries. 

Sec.  21563.  Notice  thereof  to  be  given;  surveyors  to  adjust  their  com- 
passes and  chains  thereby;  true  bearings  to  be  noted  in  surveys. — When 
the  said  true  meridian  lines,  and  the  measures  of  the  said  standard 
two  or  four  pole  chain,  shall  have  been  so  marked  and  established  as 
aforesaid,  the  said  county  commissioners  shall  give  public  notice 
thereof,  in  one  or  more  newspapers  of  their  respective  counties,  or 
otherwise,  for  at  least  three  successive  weeks ;  and  it  shall  be  the  duty 
of  every  land  surveyor  in  this  Commonwealth,  after  such  notice  has 
been  given  as  aforesaid,  in  the  month  of  April  in  each  year,  to  ad- 
just and  verify  his  compass  by  one  of  the  said  meridian  lines,  and 
to  ascertain  the  variation  of  its  needle  from  the  true  meridian,  and 
his  chain  by  one  of  the  said  measures  of  the  said  standard  two  or 
four  pole  chain.  And  the  said  surveyors  shall  thereafter,  in  all 
their  returns  of  surveys,  or  writings  concerning  surveys  of  land, 
and  lines  run  by  the  compass,  note  the  bearings  or  courses  of  such 
surveys  and  line  so  as  to  show  the  true,  and  not  the  magnetic  bear- 
ing, together  with  the  date  of  such  survey  or  tracing  of  lines. 

Sec.  21564.  Penalty  for  surveying  with  unadjusted  compass  or  chain; 
penalty. — Any  surveyor,  after  notice  given  as  required  by  the  provi- 
sions of  this  act,  who  shall  neglect  or  refuse  to  comply  with  the 
requirements  of  this  act,  by  making  any  survey  with  an  unadjusted 
compass  or  chain,  he  shall,  for  every  such  neglect  or  refusal,  pay  the 
sum  of  ten  dollars,  on  complaint  made  by  any  person  interested  in 
such  survey,  before  the  justice  of  the  peace  nearest  to  the  tract  or 
lot  of  land  so  surveyed,  to  be  recovered  as  debts  of  like  amount  are 
by  law  recoverable;  one-half  thereof  to  the  person  making  the 
complaint,  and  the  other  half  to  the  treasurer  of  the  school  district 
in  which  such  survey  is  made,  for  the  use  of  said  district. 

Sec.  21565.  Duties  of  commissioners. — It  shall  be  the  duty  of  the 
commissioners  of  the  several  counties  aforesaid  to  procure  a  book 
to  be  kept  in  their  office;  and  every  surveyor,  on  having  adjusted 
his  chain  and  compass  aforesaid,  shall  enter  therein  the  variation  of 
his  compass  from  the  true  meridian,  whether  east  or  west,  and  the 
day  on  which  he  adjusted  his  chain  and  compass,  and  shall  sub- 
scribe his  name  thereto,  for  future  reference. 

Sec.  21566  (1913).  Weights  and  measures;  "commodity"  defined. — 
The  word  "  commodity,"  as  used  in  this  act,  shall  be  taken  to  mean 
any  tangible  personal  property  sold  or  offered  for  sale. 

Sec.  21587.  Manner  of  sale. — All  liquid  commodities,  when  sold  in 
bulk  or  from  bulk,  shall  be  sold  by  weight  or  liquid  measure.    All 


PENNSYLVANIA  673 

dry  commodities,  when  sold  in  bulk  or  from  bulk,  shall  be  sold  by 
weight,  dry  measure  or  numerical  count.  No  dry  commodities  shall 
be  sold  by  liquid  measure;  dry  commodities  in  carload  lots  may  be 
sold  by  weight. 

Sec.  21568.  Measures  shall  have  bottoms. — It  shall  be  unlawful  to  use 
a  measure  without  a  bottom  in  selling  any  commodity. 

Sec.  21569  (al915).  Measures  shall  be  marked  as  to  capacity;  bottles 
or  jars  for  the  sale  of  milk  or  cream. — It  shall  be  unlawful,  in  selling 
any  commodity,  to  use  any  measure  unless  the  same  shall  have 
thereon  marked  in  distinct  letters  and  figures  the  capacity  thereof. 
If  such  measure  be  of  the  capacity  of  one-half  bushel  or  less,  or 
of  one-half  gallon  or  less,  it  shall  be  marked  in  terms  of  a  quart,  dry 
or  liquid  measure  respectively.  If  the  measure  be  of  the  capacity 
of  over  one-half  bushel  or  one-half  gallon  it  shall  be  marked  in 
terms  of  a  bushel  or  gallon,  respectively:  Provided,  That  bottles  or 
jars  used  for  the  sale  of  milk  or  cream  shall  be  regarded  and  con- 
sidered as  measures  within  the  meaning  of  this  act,  and  shall  be  in 
all  respects  subject  to  all  rules  and  regulations  heretofore  or  here- 
after made  by  the  chief  of  the  Pennsylvania  Bureau  of  Standards  as 
to  reasonable  variations  and  tolerances. 

Sec.  21570  (1913).  Attempts  to  defraud.— It  shall  be  unlawful  for 
any  person,  firm  or  corporation,  with  intent  to  defraud — 

(1)  To  sell,  or  offer  for  sale,  any  commodity  on  the  container  of 
which  is  marked  any  false  statement  respecting  the  kind,  number, 
quantity,  weight,  or  measure  of  such  commodity,  or  of  any  part 
thereof,  or  respecting  the  place  or  country  where  such  commodity 
was  manufactured  or  produced,  or  respecting  the  quality  or  grade  of 
such  commodity. 

(2)  To  orally  or  otherwise  represent  that  any  commodity  offered 
for  sale  in  bulk,  to  which  no  name  or  trade-mark  shall  be  attached,  is 
the  manufacture  or  production  of  some  other  than  the  actual  manu- 
facturer or  producer:  Provided,  That  nothing  in  this  act  is  to  be 
construed  as  applying  to  drugs,  medicines,  chemicals,  or  pharma- 
ceutical or  proprietary  preparations  used  as  medicine,  nor  to  toilet 
preparations. 

Sec.  21571,  as  amended  by  Laws,  1925,  Act  No.  186,  p.  325.  Weight  of 
bushel. — Whenever  any  commodity  named  in  this  section  shall  be  sold 
by  the  bushel,  the  bushel  shall  consist  of  the  number  of  pounds  herein 
stated;  and  wherever  sold  in  the  subdivisions  of  the  bushel,  the 
number  of  pounds  shall  consist  of  the  fractional  part  of  the  number 
of  pounds  as  are  herein  set  forth  for  the  bushel,  namely2  : 


Pounds 

Alfalfa  seed 60 

Apples 45 

Apples,  dried 25 

Barley 48 

Beans,  dried 60 

Beans,  castor  (shelled) 46 

Beets 56 

Blue-grass  seed 14 

Bran 20 

Broom  corn  seed 50 

Buckwheat 48 


Pounds 

Cabbage 50 

Carrots 50 

Cement 100 

Charcoal 20 

Cherries,  with  stems 56 

Cherries,  stemmed 64 

Chestnuts,  hulled 50 

Clover  seed 60 

Coal,  anthracite 75 

Coal,  bituminous 76 

Coal,  stone 80 


a  A  slight  change  has  been  made  In  the  arrangement  of  this  table  for  convenience  of 
reference. 


674 


LAWS  CONCERNING  WEIGHTS  AND  MEASURES 


Pounds 

Peaches,  dried  (unpeeled) 33 

Peanuts 22 

Pears 50 

Peas,  green  (unshelled) 28 

Peas,  dried 60 

Plums.. 64 

Potatoes 60 

Potatoes,  sweet 54 

Quinces 48 

Rape-seed 50 

Raspberries 48 

Redtop  grass  seed 14 

Rice,  rough 45 

Rutabagas 60 

Rye 56 

Ryemeal 50 

Salt  (coarse) 85 

Salt  (ground) 62 

Sand 100 

Shorts 20 

Sorghum-seed 50 

Spelt 40 

Spinach 12 

Strawberries 48 

Timothy-grass  seed 45 

Tomatoes 56 

Turnips 56 

Walnuts  (common) 50 

Wheat 60 


Pounds 

Coke 40 

Corn,  shelled 56 

Corn,  ear  (husked) 70 

Corn  meal 50 

Cranberries 32 

Cucumbers... 48 

Currants 40 

Flaxseed 56 

Gooseberries 40 

Grapes 48 

Hair  (plastering) 880 

Hemp  seed 44 

Herd's  grass 45 

Hickory  nuts , 50 

Hominy 60 

Horseradish 50 

Hungarian  grass  seed 50 

Kaffir  corn 56 

Lentils 60 

Lime 80 

Linseed ' 56 

Malt 38 

Millet 50 

Oats 32 

Onions 50 

Onion  sets 28 

Orchard  grass  seed 14 

Parsnips 50 

Peaches 48 

Peaches,  dried  (peeled) 38 

Provided,  That  when  any  fruits  or  vegetables  named  in  this  section 
are  sold  in  Pennsylvania  standard  containers,  which  are  the  original 
packages  and  are  filled  in  accordance  with  good  commercial  prac- 
tices, such  fruits  and  vegetables  shall  be  exempt  from  the  provisions 
of  this  section. 

Sec.  21572  (1913).  Packages  shall  be  marked. — If  in  package  form, 
ihe  quantity  of  the  contents  shall  be  plainly  and  conspicuously 
marked  on  the  outside  of  the  package  in  terms  of  weight,  measure, 
or  numerical  count :  Provided,  however,  That  reasonable  variations 
shall  be  permitted;  and  tolerances  and  also  exemptions  as  to  small 
packages  shall  be  established  by  rules  and  regulations  made  by  the 
chief  of  the  Pennsylvania  bureau  of  standards. 

Sec.  21573.  Violations;  penalty. — Each  person,  firm  or  corporation 
that  shall  violate  any  of  the  provisions  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  before  any  alderman, 
magistrate  or  justice  of  the  peace  of  the  proper  county,  for  first 
offense  shall  be  fined  not  more  than  twenty -five  dollars;  upon  con- 
viction for  the  second  offense,  such  person,  firm,  or  corporation  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars;  and,  upon  conviction  for  the  third  and  each  subsequent 
offense,  such  person,  firm,  or  corporation  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  and  fifty  dollars. 

Sec.  21574.  Enforcement. — It  shall  be  the  duty  of  the  proper  city 
and  county  inspectors  of  weights  and  measures  to  enforce  the  pro- 
visions of  this  act. 

Sec.  21575  (al915).  When  act  takes  effect;  not  applicable  to  whole- 
salers, jobbers  or  commission  merchants. — This  act  shall  go  into  effect 


3  This  is  evidently  an,  error,  since  the  usual  weight  of  plastering  hair  is  eight  pounds 
per  bushel. 


PENNSYLVANIA  675 

the  first  day  of  January,  one  thousand  nine  hundred  and  fourteen: 
Provided,  however,  That  no  penalty  shall  be  enforced  for  any  viola- 
tion of  its  provisions  as  to  domestic  products  prepared,  or  foreign 
products  imported,  prior  to  eighteen  months  after  its  passage ;  and 
further,  that  this  act  shall  not  apply  to  the  marking  of  the  net  quan- 
tity of  the  contents  on  containers  or  packages  handled,  sold,  or 
offered  for  sale  by  wholesalers,  jobbers  or  commission  merchants. 

Sec.  21576  (1917).  Packing  of  apples. — Every  closed  package  con- 
taining apples  grown  in  the  State  of  Pennsylvania,  which  is  sold, 
offered,  or  consigned  for  sale,  packed  for  sale,  or  shipped  for  sale, 
shall  bear  upon  the  outside  of  one  end,  in  plain  letters  or  figures, 
or  both,  the  name  and  address  of  the  person  by  whose  authority 
the  apples  were  packed,  the  true  name  of  the  variety  therein  con- 
tained, and  the  minimum  size  or  numerical  count  of  the  fruit  in  the 
package :  Provided,  That  packages  which  can  not  readily  be  marked 
on  an  exposed  end  shall  be  similarly  marked  in  a  conspicuous 
place.     *     *     * 

Sec.  21577.  Additional  marks. — The  marks  prescribed  by  this  act 
may  be  accompanied  by  any  additional  marks  which  are  in  accord- 
ance with  the  facts,  and  which  are  not  inconsistent  with  or  do  not 
in  any  way  obscure  the  marks  required  by  this  act.  Apples  packed 
and  branded  in  accordance  with  the  United  States  apple-grading 
law,4  approved  August  third,  one  thousand  nine  hundred  and  twelve, 
shall  be  exempt  from  the  provisions  of  this  act. 

Sec.  21584.  Enforcement  of  this  act. — The  enforcement  of  this  act 
shall  be  vested  in  the  State  department  of  agriculture;  and  its  offi- 
cers, employes,  and  agents  are  authorized  to  enter  upon  the  prem- 
ises of  any  person  within  this  State  for  the  purpose  of  purchasing 
packages  of  apples  and  securing  evidence  of  violation  of  this  act; 
and  the  said  department  of  agriculture  is  hereby  authorized  to  make 
such  rules  and  regulations  as  may  be  necessary  for  enforcing  its 
provisions. 

Public  laws,  1921,  Act  No.  187,  p.  389. 

Sec.  1.  Weights  and  measures;  definitions;  "type  ";  "  standard  weights 
and  measures  " ;  "  use  in  trade  or  commerce  " ;  "  person  " ;  "  bureau  of 
standards";  liability  for  acts  or  omission  of  agents. — That  the  word 
"  type,"  as  used  in  this  act,  is  defined  as  a  class  the  individual  objects 
of  which  are  similar  one  to  another  in  design,  construction,  size,  and 
material. 

The  term  "  standard  weights  and  measures,"  as  used  in  this  act,  is 
to  be  construed  to  include  the  standards  of  weights  and  measures 
adopted  by  the  United  States  and  the  State  of  Pennsylvania,  in  ac- 
cordance with  those  furnished  by  the  Federal  Government  under 
joint  resolutions  of  Congress,  approved  June  fourteenth,  eighteen 
hundred  and  thirty-six  and  July  twenty-seventh,  eighteen  hundred 
and  sixty-six,  and  now  recognized  and  in  use  throughout  the  United 
States. 

The  term  "  use  in  trade  or  commerce,"  as  used  in  this  act,  shall  be 
construed  to  include  use  in  buying  or  selling  goods,  wares,  or 
merchandise. 

The  word  "  person,"  as  used  in  this  act,  shall  be  construed  to  im- 
port both  the  plural  and  the  singular,  as  the  case  demands,  and 

*  See  p.  19. 


676  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

shall  include  corporations,  copartnerships,  companies,  societies,  and 
associations. 

The  term  "  bureau  of  standards  "  shall  be  held  to  mean  under  or 
by  authority  of  the  chief  of  the  Pennsylvania  bureau  of  standards 
of  the  department  of  internal  affairs.  When  construing  or  enforc- 
ing the  provisions  of  this  act,  the  act,  omission,  or  failure  of  any 
officer,  agent,  or  other  person,  acting  for  or  employed  by  any  cor- 
poration, company,  society,  or  association,  within  the  scope  of  his 
employment  or  office,  shall  in  every  case  be  deemed  to  be  the  act, 
omission,  or  failure  of  such  corporation,  partnership,  company,  so- 
ciety, or  association,  as  well  as  that  of  the  person. 

Sec.  2.  Approval  by  bureau  of  standards. — The  bureau  of  standards  of 
the  department  of  internal  affairs  is  authorized  to  pass  upon  each 
type  of  weight  and  measure  and  weighing  and  measuring  device 
manufactured,  offered  or  exposed  for  sale  or  sold  or  given  away, 
for  the  use  in  trade  or  commerce,  or  used  in  trade  or  commerce,  in 
the  Commonwealth  of  Pennsylvania,  and  to  approve  or  disapprove 
of  said  type.  The  said  bureau  shall  approve  each  type  of  weight 
and  measure  and  weighing  and  measuring  device,  submitted  to  it  for 
approval  by  any  person,  if  such  type  is  so  designed  and  constructed 
that  it  conforms  to,  or  gives  correct  results  in  terms  of,  standard 
weights  or  measures  or  in  terms  of  values  derived  therefrom,  and 
is  reasonably  permanent  in  its  indication  and  adjustment,  and  does 
not  facilitate  the  perpetration  of  fraud,  otherwise  the  bureau  shall 
disapprove  the  same. 

Sec.  3.  Submission  for  approval. — The  submisison  of  a  type  may  be 
by  sample  or  by  specifications  if,  in  the  best  judgment  of  the  bureau, 
such  specifications  are  adequate,  or  in  such  other  manner  as  may 
be  prescribed  by  the  rules  and  regulations  promulgated  under  the 
authority  of  this  act. 

Sec.  4.  Certificate  of  approval;  notification  of  disapproval;  hearing; 
appeal  to  secretary  of  internal  affairs ;  appeal  to  common  pleas. — When  a 
type  of  weight  or  measure  or  weighing  or  measuring  device  is  ap- 
proved, the  said  bureau  shall  issue  a  certificate  to  this  effect  to  the 
person  submitting  such  type.  When  a  type  is  disapproved,  the  said 
bureau  shall  notify  the  person  submitting  the  same  of  its  decision, 
setting  out  the  reasons  therefor,  together  with  such  information  and 
references  as  may  be  useful  in  judging  of  the  propriety  of  the  dis- 
approval, and  shall  give  such  person  an  opportunity  to  be  heard  in 
support  of  his  application  for  approval.  The  bureau  shall  then  re- 
consider its  decision.  If  the  new  decision  is  adverse  to  such  person, 
and  he  is  dissatisfied  with  the  same,  he  may  take  an  appeal  from 
this  decision  to  the  secretary  of  internal  affairs,  who  shall  examine 
the  matter,  and  decide  whether  the  type  should  be  approved  or  dis- 
approved. If  the  person  is  dissatisfied  with  the  decision  of  the 
secretary  of  internal  affairs,  he  may  appeal  to  the  court  of  common 
pleas  of  the  county  of  which  he  is  a  resident,  whose  decision  shall 
be  final. 

Sec.  5.  Sale,  etc.,  of  unapproved  weights  and  measures;  existing 
weights  and  measures;  weights  and  measures  intended  for  use  outside  of 
State. — From  and  after  one  year  after  this  act  takes  effect,  it  shall  be 
unlawful  for  any  person  to  manufacture,  offer  or  expose  for  sale,  or 
sell  or  give  away,  for  use  in  trade  or  commerce,  or  to  use  in  trade  or 


PENNSYLVANIA  677 

commerce,  any  weight  or  measure  or  weighing  or  measuring  device 
of  a  type  not  approved  in  accordance  with  the  provisions  of  this 
act:  Provided,  however,  That  in  the  case  of  weights  and  measures 
and  weighing  and  measuring  devices  manufactured  and  ready  for 
sale  or  in  use  in  the  Commonwealth  of  Pennsylvania  at  the  time  this 
section  takes  effect,  no  approval  of  type  shall  be  necessary,  and  it 
shall  be  lawful  for  any  person  to  offer  or  expose  for  sale  or  sell,  for 
use  in  trade  or  commerce,  or  to  use  in  trade  or  commerce,  such 
weights  and  measures  and  weighing  and  measuring  devices,  unless 
they  do  not  conform  to  or  give  correct  results  in  terms  of  standard 
weights  or  measures  or  in  terms  of  values  derived  therefrom:  And 
provided  further,  That  the  type  of  a  weight  or  measure  or  weighing 
or  measuring  device  need  not  be  approved  if  said  weight  or  measure 
or  weighing  or  measuring  device  is  intended  for  shipment  outside 
the  State  of  Pennsylvania,  but  if  said  weight  or  measure  or  weighing 
or  measuring  device  shall  in  fact  be  sold  or  offered  for  sale,  for  use 
in  trade  or  commerce,  or  used  in  trade  or  commerce,  in  the  Common- 
wealth of  Pennsylvania,  then  this  proviso  shall  not  exempt  such 
weight  or  measure  or  weighing  or  measuring  device  from  the 
operation  of  any  of  the  provisions  of  this  act. 

Sec.  6.  Manufacturer's  or  vendor's  guaranty. — No  person  shall  be 
prosecuted  under  the  provisions  of  this  act  if  he  can  establish  a 
guaranty,  signed  by  the  person  from  whom  the  weight  or  measure 
of  weighing  or  measuring  device  was  purchased,  or  otherwise  ob- 
tained, or  from  the  manufacturer  thereof,  to  the  effect  that  the  type 
of  the  same  has  been  approved,  if  such  approval  is  required  by  the 
provisions  of  this  act,  and,  if  such  approval  is  not  required,  setting 
out  this  fact,  or  if  he  can  establish  that  the  weight  or  measure  or 
weighing  or  measuring  device  has  been  sealed  by  the  local  sealer 
of  weights  and  measures.  The  said  guaranty,  to  afford  protection, 
shall  contain  the  name  and  address  of  the  guarantor,  and,  in  such 
case,  said  guarantor  shall  be  amenable  to  the  prosecutions,  fines, 
or  other  penalties  which  would  attach  in  due  course  to  such  person 
under  the  provisions  of  this  act.  But  in  anjr  case  where  any  such 
person  has  actual  notice  that  the  type  of  such  weight  or  measure 
or  weighing  or  measuring  device  has  not  in  fact  been  approved, 
when  such  approval  is  required  by  the  provisions  of  this  act,  it 
shall  be  unlawful,  and  a  violation  of  the  provisions  of  this  act,  for 
such  person  thereafter  to  offer  or  expose  such  weight  or  measure 
or  weighing  or  measuring  device  for  sale,  or  to  sell  it,  for  use  in 
trade  or  commerce,  or  to  use  it  in  trade  or  commerce. 

Sec.  7.  Registration,  serial  numbers,  and  description. — The  bureau  of 
standards  shall  register  and  give  a  serial  number  to  each  type  of 
weight  or  measure  or  weighing  or  measuring  device  submitted  and 
approved  as  provided  in  this  act,  and  shall  issue,  from  time  to  time, 
descriptions  of  such  approved  types,  giving  serial  number  of  each 
type,  copies  of  which  shall  be  iurnished  to  all  weights  and  meas- 
ures officials. 

Sec.  8.  Marking  of  weights  and  measures;  marking  impracticable. — 
From  and  after  one  year  after  this  act  takes  effect,  it  shall  be  un- 
lawful to  manufacture,  offer  or  expose  for  sale  or  sell  or  give  away, 
for  use  in  trade  or  commerce,  or  to  use  in  trade  or  commerce,  any 
weight  or  measure  or  weighing  or  measuring  device  which  does  not 


678  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

have  cast,  stamped,  etched,  or  otherwise  marked  thereon,  in  such 
manner  as  may  be  prescribed  by  the  rules  and  regulations  author- 
ized by  this  act,  the  name  of  the  manufacturer  and  the  serial  num- 
ber of  the  approved  type  to  which  it  belongs:  Provided,  however, 
That,  whenever  it  shall  appear  to  the  satisfaction  of  the  bureau  of 
standards  that  any  type  of  weight  or  measure  or  weighing  or  meas- 
uring device  is  such  as  to  render  it  impracticable  to  mark  it  as  re- 
quired by  this  section,  the  said  bureau  shall  furnish  a  certificate  to 
that  effect  to  any  manufacturer  applying  for  the  same,  and  such 
weights  and  measures  and  weighing  and  measuring  devices  need 
not  be  marked  as  required  by  the  provisions  of  this  section. 

Sec.  9.  Marking  of  unapproved  weights  and  measures;  misdemeanor; 
penalty. — It  shall  be  unlawful  to  cast,  stamp,  etch,  or  otherwise  mark, 
upon  any  weight  or  measure  or  weighing  or  measuring  device,  the 
type  of  which  has  not  been  approved  as  required  by  the  provisions 
of  this  act,  any  design  or  device  simulating  a  serial  number  required 
by  the  provisions  of  section  seven  of  this  act. 

Any  person  who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollars,  or  by 
imprisonment  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

Sec.  10.  Parts  of  weights  or  measures. — In  case  any  person  may 
desire  to  have  the  type  of  a  part  of  a  weight  or  measure  or  weighing 
or  measuring  device  separately  approved  and  serialized,  and  shall 
apply  therefor,  and  the  bureau  of  standards  decides  that  the  part  is 
such  that  this  may  properly  be  done,  then  such  part  may  be  approved 
and  serialized  or  disapproved  as  to  type,  under  the  same  provisions 
and  restrictions  as  are  applied  to  the  approval  and  serialization  or 
the  disapproval  of  a  type  of  weight  or  measure  or  weighing  or 
measuring  device  by  the  provisions  of  this  act. 

Sec.  11.  Marking  of  weights  and  measures  not  intended  for  use  in 
trade;  marking  impracticable. — It  shall  be  conclusively  presumed  that 
a  weight  or  measure  or  weighing  or  measuring  device  is  intended  for 
use  in  trade  or  commerce  if  it  is  manufactured,  offered  or  exposed 
for  sale,  or  sold,  for  use  in  the  Commonwealth  of  Pennsylvania,  or 
is  used  therein,  unless  it  shall  bear  a  plain,  legible,  conspicuous,  and 
permanent  statement  to  this  effect  "Not  legal  for  trade."  It  shall 
be  unlawful  to  use  in  trade  or  commerce  any  weight  or  measure  or 
weighing  or  measuring  device  which  is  marked  as  described  above: 
Provided,  however,  That  whenever  it  shall  appear  to  the  satisfaction 
of  the  bureau  of  standards  that  any  type  of  weight  or  measure  or 
weighing  or  measuring  device  is  such  as  to  render  it  impracticable 
to  mark  it  as  required  by  this  section,  or  is  of  such  design  and  con- 
struction that  it  is  obviously  not  intended  for  use  in  trade  or  com- 
merce, the  said  bureau  shall  furnish  a  certificate  to  that  effect  to  any 
manufacturer  applying  for  the  same,  and  such  types  of  weights  and 
measures  and  weighing  and  measuring  devices  need  not  be  marked 
as  required  by  the  provisions  of  this  section. 

Sec.  12.  Eules  and  regulations. — Rules  and  regulations  for  the  carry- 
ing out  and  enforcement  of  the  provisions  of  this  act,  not  incon- 
sistent with  the  provisions  thereof,  shall  be  adopted  by  the  bureau 
of  standards,  with  the  approval  of  the  secretary  of  internal  affairs, 
which  rules  and  regulations  shall  include  reasonable  variations  or 


PENNSYLVANIA  679 

tolerances  which  may  be  allowed  on  weights  and  measures  and 
weighing  and  measuring  devices  included  within  the  provisions  of 
this  act,  and  also  specifications  for  such  weights  and  measures  and 
weighing  and  measuring  devices  for  the  guidance  of  manufacturers 
in  the  design  and  construction  of  such  weights  and  measures  and 
weighing  and  measuring  devices. 

Sec.  13.  Sealing  of  weights  and  measures ;  effect  of  approval  of  type. — ■ 
Inspectors  of  weights  and  measures  of  the  Commonwealth  of  Penn- 
sylvania and  of  the  several  counties  and  cities  of  the  Commonwealth 
of  Pennsylvania  may  seal,  for  use  in  trade  or  commerce,  all  weights 
and  measures  and  weighing  and  measuring  devices,  the  type  of  which 
has  been  approved  as  required  by  the  provisions  of  this  act  or 
specifically  exempted  from  the  necessity  of  approval  by  the  provi- 
sions of  this  act,  when  they  find  that  the  same  are  within  the  toler- 
ances prescribed  under  the  rules  and  regulations :  Provided,  however, 
That  this  shall  not  be  construed  as  meaning  that  the  approval  of  a 
type  shall  be  taken  as  evidence  of  the  correctness  of  any  individual 
weight  or  measure  or  weighing  or  measuring  device  of  that  type, 
or  prevent  any  such  inspector  of  weights  and  measures  from  pro- 
hibiting the  use  of  or  confiscating  any  individual  weight  or  measure 
or  weighing  or  measuring  device  which  is  found  to  be  inaccurate 
or  otherwise  defective  or  unlawfully  used. 

Sec.  14.  Violations;  jurisdiction;  penalty. — Any  person,  copartner- 
ship, association,  or  corporation  who  or  which  shall  violate  any 
provision  of  this  act  shall,  upon  conviction  thereof  in  a  summary 
proceding  before  any  alderman,  magistrate,  or  justice  of  the  peace 
of  the  proper  county  or  city,  be  punished  for  the  first  offense  by  a 
fine  of  not  more  than  twenty-five  dollars;  and,  upon  conviction  of 
the  second  offense,  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars;  and,  upon  conviction  for  the  third 
and  each  subsequent  offense,  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  two  hundred  and  fifty  dollars.  In  default 
of  the  payment  of  any  fine  as  aforesaid,  any  person  convicted  shall 
be  sentenced  to  serve  one  day  in  jail  of  the  proper  county  for  each 
dollar  of  the  fine  or  costs. 

Sec.  15.  Enforcement. — It  shall  be  the  duty  of  the  chief  of  the 
bureau  of  standards  and  his  deputies  and  the  inspectors  of  weights 
and  measures  of  the  several  counties  and  cities  who  shall  find  satis- 
factory evidence  of  any  violation  of  the  provisions  of  this  act  to 
cause  appropriate  proceedings  to  be  commenced  and  prosecuted, 
without  delay,  for  the  enforcement  of  the  penalties  as  in  such  case 
herein  provided:  Provided,  however,  That  no  action  or  prosecution 
shall  be  brought  against  any  person  for  any  violation  of  this  act 
unless  the  same  is  commenced  within  one  year  after  the  offense  is 
committed. 

Stats.,  1920,  p.  165. 

Sec.  1684  (al915).  Powers  vested  in  corporate  officers. — The  powers 
of  the  borough  shall  be  vested  in  the  corporate  officers.  They  shall 
have  power — 

Sec.  1711.  To  regulate  the  scales,  weights  and  measures. — To  regulate 
the  scales,  weights,  and  measures,  according  to  the  standard  of  the 
Commonwealth;   to  provide  for  the  confiscation  of  false  weights 


680  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

and  measures,  and  to  regulate  the  inspection  and  measurement,  or 
weight,  of  articles  offered  for  sale  in  the  borough. 

Stats.,  1920,  p.  355. 

Sec.  3844  (1901).  Municipal  corporations,  second  class,  corporate 
powers  of;  to  regulate  the  weighing  and  measuring  of  commodities ;  sale 
of  hay,  coal,  and  wood. — To  regulate  the  weighing  and  measuring  of 
every  commodity  sold  in  the  city,  in  all  cases  not  otherwise  pro- 
vided by  law ;  to  provide  for  and  regulate  the  inspection  and  weigh- 
ing of  hay,  grain  and  coal,  and  the  measuring  of  wood  and  fuel, 
to  be  used  in  the  city,  and  to  designate  the  place  or  places  of  the 
same;  and  to  regulate  and  prescribe  the  place  or  places  for  expos- 
ing for  sale  hay,  coal  and  wood,  and  to  demand  and  receive  reason- 
able fees  for  inspection,  weighing  and  measuring,  as  aforesaid,  and 
for  the  regulation  and  stamping  of  weights  and  measures. 

Sec.  4218  (al913).  Municipal  corporations,  third  class,  corporate 
powers  of;  to  regulate  weighing  and  measuring  commodities. — To  regu- 
late the  weighing  and  measuring  of  every  commodity  sold  in  the 
city,  in  all  cases  not  otherwise  provided  for  by  law,  including  the 
measuring  of  gas,  water,  and  electric  current;  to  provide  for  and 
regulate  the  inspection  and  weighing  of  hay,  grain  and  coal,  and  the 
measuring  of  wood,  bark  and  fuel,  to  be  used  in  the  city,  and  to 
designate  the  place  or  places  of  inspecting  and  weighing  the  same; 
and  to  regulate  and  prescribe  the  place  or  places  for  exposing  for 
sale  hay,  coal,  bark,  and  wood;  and  to  demand  and  receive  reason- 
able fees  for  inspection,  weighing,  and  measuring,  as  aforesaid; 
and  for  the  regulation  and  stamping  of  weights  and  measures,  and 
the  regulation  and  inspection  of  gas,  water,  and  electric  current 
meters,  and  other  meters. 

Stats.,  1920,  p.  18. 

Sec.  193,  as  amended  by  P.  L.,  1923,  Act  207,  p.  321.  Standards  and 
classification  of  farm  products;  standards  for  receptacles;  marks  upon 
receptacles;  canned  farm  products;  congressional  requirements. — After 
investigation  and  public  hearing,  and  with  the  approval  of  the 
secretary  of  agriculture,  the  bureau  may,  from  time  to  time,  as  far 
as  practicable,  establish  and  promulgate  standards  for  the  grade 
and  other  classification  of  farm  products;  and,  in  cooperation  with 
the  bureau  of  standards  of  the  department  of  internal  affairs,  the 
bureau  may  establish  and  promulgate  standards  for  receptacles  for 
farm  products,  by  which  their  quality,  value,  or  quantity  may  be 
determined,  and  may  make  regulations  governing  the  marks,  brands, 
and  labels,  which  may  be  required  upon  receptacles  for  farm  prod- 
ucts for  the  purpose  of  showing  the  name  and  address  of  the  pro- 
ducer or  packer  or  distributor,  the  quantity,  nature,  and  quality  of 
the  product,  or  any  of  them,  and  for  the  purpose  of  preventing 
deception  with  reference  thereto.  The  provisions  of  this  paragraph 
shall  not  apply  to  canned  farm  products. 

Any  standard  for  any  farm  product,  or  any  standard  for  any 
receptacle  for  farm  products,  or  any  requirement  for  marking  recep- 
tacles for  farm  products,  now  or  hereafter  made  mandatory  under 
authority  of  the  Congress  of  the  United  States,  shall  forthwith,  as 
far  as  applicable,  be  established  or  prescribed  and  promulgated  by 
the  bureau  as  the  official  standard  or  requirement  in  this  State. 


PENNSYLVANIA  681 

No  standard  established,  or  requirement  for  marking  prescribed 
under  this  section,  shall  become  effective  until  the  expiration  of  not 
less  than  six  months  after  it  shall  have  been  promulgated. 

Sec.  194,  as  amended  by  P.  I.,  1923,  Act  207,  p.  321.  Selling  of  farm 
products  which  do  not  conform  to  standard ;  rules  and  regulations ;  manu- 
facture or  sale,  etc.,  of  receptacles  which  do  not  conform  to  standard;  rules 
and  regulations;  sale,  etc.,  of  farm  products  in  receptacles  not  properly 
marked;  investigations  and  tests;  procuring  samples. — Whenever  any 
standard  for  the  grade  or  other  classification  of  any  farm  product 
becomes  effective  under  this  act,  no  person  thereafter  shall  pack  foi 
sale,  offer  for  sale,  consign  for  sale,  or  sell  any  such  farm  product, 
grown,  manufactured,  or  prepared  within  this  State,  to  which  such 
standard  is  applicable,  unless  it  conform  to  such  standard,  subject 
to  such  variations  therefrom  as  may  be  allowed  in  the  rules  and 
regulations  made  under  this  act,  except  that  any  such  farm  product 
may  be  packed,  offered,  or  consigned  for  sale,  or  sold,  without  con- 
forming to  the  standard  for  the  grade  or  other  classification  ap- 
plicable thereto,  if  the  product  or  the  package  containing  it  is  not 
described,  marked,  or  labeled  in  such  a  way  as  to  indicate,  or  to 
appear  upon  ordinary  observation,  that  the  product  conforms  to  the 
standard. 

The  director  is  authorized  to  make  such  rules  and  regulations 
under  this  act  as  may  be  deemed  necessary  to  prevent  deception  with 
reference  to  any  standards  made  effective  under  the  act,  except  as 
it  applies  to  standard  receptacles  for  farm  products. 

Whenever  any  standard  for  a  receptacle  for  farm  products  be- 
comes effective  under  this  act,  no  person  thereafter  shall  manufac- 
ture for  sale  or  shipment,  sell,  offer  for  sale,  consign  for  sale,  or  ship 
any  receptacle,  either  filled  or  unfilled,  to  which  the  standard  is 
applicable,  unless  the  receptacle  conform  to  the  standard,  subject 
to  such  variations  therefrom  as  may  be  allowed  in  the  regulations 
made  under  this  act.  The  bureau  of  markets  and  the  bureau  of 
standards  of  the  department  of  internal  affairs,  by  their  joint  action, 
are  authorized  to  make  such  rules  and  regulations  under  this  act  as 
may  be  deemed  necessary  to  enforce  the  provisions  of  this  section 
relating  to  standard  receptacles  for  farm  products. 

Whenever  any  requirement  for  the  marking,  branding,  or  labeling 
of  a  receptacle  for  farm  products  becomes  effective  under  this  act, 
no  person  thereafter  shall  pack  for  sale,  offer  for  sale,  consign  for 
sale,  or  sell  and  deliver  farm  products  in  a  receptacle  to  which  such 
requirement  is  applicable,  unless  the  receptacle  be  marked,  branded, 
or  labeled  according  to  such  requirement,  or  unless  such  product  be 
brought  from  outside  the  State  and  offered  for  sale,  consigned  for 
sale,  or  sold  in  the  original  package. 

The  director  is  authorized,  at  any  time,  to  cause  such  investiga- 
tions, classifications,  and  tests  to  be  made,  and  such  certificates  to  be 
issued,  and,  upon  payment  or  tender  of  payment  of  the  market  value 
thereof,  to  cause  such  samples  to  be  taken  as  he  may  deem  necessary 
to  enforce  the  provisions  of  this  section. 

Sec.  200  (1919).  Right  of  entry. — In  carrying  out  the  provisions  of 
this  act,  the  director,  his  employees,  or  agents,  are  authorized  to  enter, 
on  any  business  day  during  the  usual  hours  of  business,  any  store- 
house,  warehouse,   cold-storage   plant,   packing   houses,   stockyard, 


682  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

railroad  yard,  railroad  car,  or  any  other  building  or  place  where 
farm  products  are  kept  or  stored  by  any  person  engaged  in 
marketing. 

Sec.  201.  Compulsory  attendance  of  persons  from  whom  reports  have 
been  requested;  oaths;  production  of  books,  etc. — In  carrying  out  the 
provisions  of  this  act,  the  director,  or  his  employes  designated 
by  him  for  the  purpose,  may  require  the  attendance  before  him  or 
any  of  them  of  any  person  from  whom  reports  have  been  requested 
or  of  any  employe  of  such  person,  may  administer  oaths  to  and  take 
testimonjr  of  any  such  person  or  his  employe,  and  may  require 
the  production  by  such  persons  or  their  employees  of  any  books, 
records,  and  other  documentary  evidence  relating  to  the  farm  product 
about  which  reports  have  been  requested. 

Sec.  202.  Violations;  misdemeanor. — Any  person  who  violates  any 
provisions  of  this  act  or  of  the  regulations  made  under  this  act  for 
carrying  out  said  provisions ;  or  who  fails  or  refuses  to  comply  with, 
or,  with  intent  to  deceive,  answers  or  reports  falsely  in  response  to, 
any  requirements  of  this  act;  or  who  wilfully  interferes  with  the 
director,  his  employes,  or  agents  in  the  execution  or  on  account  of  the 
execution  of  his  or  their  duties  prescribed  in  this  act,  shall  be 
guilty  of  a  misdemeanor. 

Sec.  203.  Regulations. — Subject  to  the  approval  of  the  secretary  of 
agriculture,  the  director  is  authorized  to  make  and  promulgate  such 
regulations  as  may  be  necessary  to  carry  out  the  provisions  of 
this  act. 

Sec.  204,  as  amended  by  P.  L.,  1923,  Act  No.  207,  p.  S21.  Violations; 
prosecution;  penalties;  violation  in  regard  to  receptacles;  prosecution. — 
Any  person  violating,  or  failing  or  refusing  to  comply  with,  any  of 
the  provisions  of  this  act,  or,  with  intent  to  deceive,  answers  or 
reports  falsely  in  response  to  any  of  the  requirements  of  this  act,  or 
who  willfully  interferes  with  the  director,  his  emploj^ees  or  agents, 
in  the  execution,  or  on  account  of  the  execution,  of  his  or  their  duties 
prescribed  in  this  act,  shall  be  prosecuted  in  a  summary  proceeding 
before  any  alderman,  magistrate,  or  justice  of  the  peace  of  the  proper 
city  or  county,  and,  upon  being  convicted  thereof,  shall  be  punished 
for  the  first  offense  by  a  fine  of  not  more  than  twenty-five  dollars,  and 
upon  conviction  of  the  second  offense  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  and  upon 
conviction  of  the  third  and  each  subsequent  offense  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars. 
In  default  of  the  payment  of  any  fine,  as  aforesaid,  any  person  con- 
victed shall  be  sentenced  to  serve  one  day  in  the  jail  of  the  proper 
county  for  each  dollar  of  the  fine  and  costs. 

Any  violations  of  the  provisions  of  this  act  relating  to  standard 
receptacles  for  farm  products,  which  may  be  established  as  herein 
provided  for,  shall  be  prosecuted  in  a  summary  proceeding  before 
any  alderman,  magistrate  or  justice  of  the  peace  of  the  proper  city 
or  county  by  the  inspectors  of  weights  and  measures  of  the  respective 
cities  and  counties  and  the  chief  of  the  bureau  of  standards  of  the 
department  of  internal  affairs  and  his  deputies. 

Public  Laws,  1925,  Act  No.  20,  p.  34. 

Sec.  1.  Unlawful  to  sell  oysters  except  by  count. — That  it  shall  be 
unlawful  for  any  person,  copartnership,  association,  or  corporation, 


PENNSYLVANIA  683 


I 


or  his,  her,  or  its  servants,  agents,  or  employees,  to  sell  oysters  at 
retail,  in  any  manner  whatsoever,  except  by  numerical  count:  Pro- 
vided, however,  That  this  act  shall  not  apply  to  oysters  sold  at  retail 
when  in  unopened,  sealed,  original  containers  in  which  they  are 
shipped  in  interstate  commerce. 

Sec.  2.  Violation  of  act  a  misdemeanor;  penalty. — Any  person,  copart- 
nership, association,  or  corporation  violating  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  pay  a  fine  of  not  less  than  twenty-five 
($25)  dollars,  nor  more  than  one  hundred  ($100)  dollars,  or,  in  the 
case  of  individuals,  to  undergo  an  imprisonment  of  not  less  than  (30) 
days,  nor  more  than  sixty  (60)  days,  or  both. 

Sec.  3.  Enforcement  of  act. — The  department  of  agriculture  shall  be 
charged  with  the  enforcement  of  this  act. 

Sec.  4.  Fines,  disposition  of. — All  fines  imposed  and  recovered  for 
the  violation  of  any  of  the  provisions  of  this  act  shall  be  paid  to  the 
department  of  agriculture  or  its  agent,  and  when  so  collected  and 
paid  shall  thereafter  be,  by  the  department  of  agriculture,  paid  into 
the  State  treasury  for  the  use  of  the  Commonwealth. 

Public  laws,  1925,  Act.  No.  152,  p.  229. 

Sec.  6.  Label  for  paint  must  show  name  of  manufacturer. — The  label 
required  by  this  act  shall  clearly  and  distinctly  state  the  name  and 
residence  of  the  manufacturer  of  the  paint,  putty,  or  naval  stores, 
or  of  the  distributor  thereof,  or  of  the  party  for  whom  same  is  manu- 
factured. Such  label  shall  be  printed  in  plain,  legible  type,  and  so 
far  as  possible  common  English  words  shall  be  used  instead  of  tech- 
nical terms. 

Sec.  7.  Label  must  show  weight  or  measure. — The  label  on  all  liquid 
or  mixed  paint  shall  show  the  net  measure  of  the  contents  of  the 
container;  and  on  all  paste  and  semipaste  paint  sold  by  weight,  the 
net  weight  of  the  contents  of  the  package ;  or  if  sold  by  measure,  the 
net  measure  of  such  contents. 

Sec.  10.  Possession  of  improperly  marked  articles  prima  facie  evidence 
of  violation  of  act. — The  having  in  possession  of  by  any  person,  firm, 
or  corporation  dealing  therein,  of  any  of  the  articles  hereinbefore 
described  and  improperly  marked  or  not  correctly  labeled,  as  pro- 
vided in  this  act,  shall  be  considered  prima  facie  evidence  that  the 
same  are  kept  by  such  person,  firm,  or  corporation  in  violation  of 
the  provisions  of  this  act. 

Sec.  11.  Enforcement. — The  department  of  agriculture  of  the  Com- 
monwealth is  hereby  charged  with  the  enforcement  of  the  provisions 
of  this  act. 

Sec.  12.  Access  to  buildings  and  power  to  open  packages. — The  depart- 
ment of  agriculture,  by  its  assistants,  experts,  chemists,  and  agents, 
shall  have  access  to  all  places  of  business,  stores,  and  buildings  used 
for  the  sale  of  paint,  putty,  and  naval  stores,  as  hereinbefore  defined, 
or  any  substitute  therefor,  and  shall  have  power  and  authority  to 
open  any  package,  can,  jar,  tub,  or  other  receptacle  containing  articles 
subject  to  the  provisions  of  this  act,  which  may  there  be  sold,  offered 
or  kept  for  sale,  for  the  purpose  of  obtaining  samples  for  chemical 
analysis  or  examination,  and  to  determine  whether  or  not  any  of  the 
provisions  of  this  act  have  been  violated. 


684  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  13.  Violation,  a  misdemeanor. — Any  person,  firm,  or  corporation, 
or  violator  of  any  of  the  provisions  of  this  act,  or  assisting  or  taking 
part  in  the  violation  of  any  of  said  provisions,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  for 
each  offense  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars. 

Stats.,  1920,  p.  2089. 

Sec.  21540  (1834).  Denominations;  linear  measure. — The  denomina- 
tions of  linear  measure  of  this  Commonwealth,  whereof  the  yard  as 
heretofore  provided  is  the  standard  unit,  with  the  relations  thereof, 
shall  be  as  follows : 

Twelve  inches  make  one  foot. 

Three  feet  make  one  yard. 

Five  and  a  half  yards  make  one  rod,  pole  or  perch. 

Forty  rods  make  one  furlong. 

Eight  furlongs  make  one  mile. 

Sec.  21541.  Of  superficial  measure;  perch;  rood;  acre. — The  denomina- 
tions of  superficial  measure  of  this  Commonwealth,  whereof  the 
square  of  the  linear  yard,  as  heretofore  provided,  is  the  standard 
unit,  with  the  relations  to  said  standard  and  to  each  other  shall  be : 

Thirty  and  one-fourth  square  yards  make  one  pole  or  perch. 

Forty  square  poles  make  one  rood. 

Four  square  roods  make  one  acre. 

Six  hundred  and  forty  acres  make  one  square  mile. 

Sec.  21542.  Liquid  measure;  gill;  quart;  gallon;  barrel;  hogshead; 
pipe;  tun. — The  denominations  of  liquid  measure  of  this  Common- 
wealth, whereof  the  gallon  as  heretofore  provided  is  the  standard 
unit,  with  the  relations  to  said  unit  and  to  each  other,  shall  be : 

Four  gills  make  one  pint. 

Two  pints  make  one  quart. 

Four  quarts  make  one  gallon. 

Thirty-one  and  a  half  gallons  make  one  barrel. 

Two  barrels  make  one  hogshead. 

Two  hogsheads  make  one  pipe. 

Two  pipes  make  one  tun. 

Sec.  21543.  Dry  measure;  bushel;  peck. — The  denominations  of  dry 
measure  of  this  Commonwealth,  whereof  the  bushel  as  heretofore 
provided  is  the  standard  unit,  with  the  relations  to  said  standard 
and  to  each  other,  shall  be : 

Four  pecks  make  one  bushel. 

And  the  minor  divisions  of  the  peck  shall  be  its  aliquot  parts: 
Provided,  That  the  form  of  the  dry  measure  shall  be  conical;  that 
the  diameter  of  the  circle  of  the  top  of  the  measure  shall  be  not 
less  than  one-twentieth  greater  than  the  diameter  of  the  bottom  of 
the  measure,  and  the  height  not  more  than  nine  twelfths  of  the 
diameter  of  the  bottom. 

Sec.  21544.  Troy  weight;  pennyweight;  ounce;  pound. — The  denomi- 
nations of  weight  of  this  Commonwealth,  whereof  the  troy  pound 
as  heretofore  provided  is  the  standard  unit,  with  the  relations  there- 
of to  said  standard  and  to  each  other,  shall  be : 

Twenty-four  grains  make  one  pennyweight. 

Twenty  pennyweights  make  one  ounce. 

Twelve  ounces  make  one  pound. 


PENNSYLVANIA  685 

Sec.  21545.  Avoirdupois  weight ;  ounce ;  pound;  quarter;  hundred- 
wreight;  ton. — The  denominations  of  weight  of  this  Commonwealth, 
whereof  the  pound  avoirdupois  as  heretofore  provided  is  the  stand- 
ard unit,  with  the  relations  to  said  pound  and  to  each  other,  shall  be : 

Sixteen  drams  make  one  ounce. 

Sixteen  ounces  make  one  pound. 

Twenty-five  pounds  make  one  quarter. 

Four  quarters  make  one  hundred. 

Twenty  hundreds  make  one  ton. 

Sec.  21585  (1891).  Weight  of  a  cord  of  bark.— From  and  after  the 
passage  of  this  act,  the  standard  weight  of  a  cord  of  hemlock,  oak  or 
other  bark,  when  sold  by  the  cord  or  ton,  shall  be  two  thousand 
pounds  for  each  and  every  cord,  and  two  thousand  pounds  for  each 
and  every  ton. 

Sec.  21586  (1797).  Bread  to  be  sold  by  weight;  penalty.— All  loaf 
bread  made  for  sale  within  this  Commonwealth,  shall  be  sold  by  the 
pound  avoirdupois;  and  every  baker  or  other  person  offering  the 
same  for  sale  shall  keep  at  his  or  her  house,  or  at  such  other  place 
at  which  he  or  she  shall  at  any  time  offer  or  expose  for  sale  any 
bread,  sufficient  scales  and  weights,  lawfully  regulated,  for  the  pur- 
pose of  weighing  the  same;  and  if  any  baker  or  other  person  shall 
sell  or  offer  for  sale  any  loaf  bread,  in  any  other  manner,  the  contract 
respecting  the  same  shall  be  void ;  and  the  person  offending  against 
this  act  shall,  on  conviction,  forfeit  and  pay  the  sum  of  ten  dollars 
for  every  such  offense,  one-half  to  the  use  of  the  informer,  and  the 
other  half  to  the  use  of  this  Commonwealth;  and  it  shall  be  the 
especial  duty  of  the  clerk  of  the  market,  in  any  place  where  such 
an  officer  is  appointed,  to  discover  and  prosecute  all  persons  offend- 
ing against  this  act. 

Sec.  21589  (1878).  Weight  of  bituminous  coal. — The  standard  weight 
of  bituminous  coal,  in  this  Commonwealth,  shall  be  seventy-six 
pounds  to  the  bushel,  and  two  thousand  pounds  shall  be  one  ton. 

Sec.  21590.  Penalty  for  violation. — If  any  person  or  persons,  en- 
gaged in  the  business  of  mining  bituminous  coal,  shall  fix  or  estab- 
lish, or  shall  attempt  to  fix  or  establish,  any  other  number  of  pounds, 
by  agreement  of  contract,  to  be  a  bushel  of  bituminous  coal,  than  as 
is  provided  for  in  the  first  section  of  this  act,  such  person  or  persons 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  sentenced  to  pay  a  fine  not  less  than  five  hundred  and  not  ex- 
ceeding one  thousand  dollars,  and  all  penalties  recovered  under  this 
act  shall  be  paid  into  the  treasury  of  the  State. 

Sec.  21598  (1895).  2,240  pounds  avoirdupois  to  make  a  ton  of  anthra- 
cite coal. — On  and  after  the  first  day  of  July,  Anno  Domini  one 
thousand  eight  hundred  and  ninety-five,  two  thousand  two  hundred 
and  forty  pounds  avoirdupois  shall  make  and  constitute  a  legal  ton  of 
anthracite  coal  throughout  this  Commonwealth  in  all  transactions 
between  retail  coal  dealers  and  their  customers. 

Sec.  21599.  Selling  less  for  a  ton;  tolerance. — Any  person,  firm  or 
corporation  guilty  of  violating  the  provisions  of  section  one  of  this 
act  whereby  it  is  attempted  to  sell  less  than  two  thousand  two  hun- 
dred and  forty  pounds  to  a  ton,  or  a  proper  proportion  thereof  to 
quantities  less  than  a  ton,  shall,  upon  conviction  thereof  before  any 
justice  of  the  peace  or  alderman,  after  hearing  on  complaint  made, 
shall  be  liable  to  a  penalty  not  exceeding  fifty  dollars,  recoverable 


686  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

as  like  penalties  are  within  this  Commonwealth :  Provided,  That  in 
all  cases  forty  pounds  shall  be  allowed  for  the  variation  in  scales. 

Sec.  21600.  Fines. — All  fines  recovered  under  this  act  shall  be  paid 
to  the  treasurer  of  the  county  wherein  the  action  is  brought. 

Sec.  21601  (1911).  Cities  of  the  first  class;  sale  of  anthracite;  delivery 
ticket;  violations;  penalty. — In  all  cities  of  the  first  class  throughout 
this  Commonwealth,  in  the  sale  of  anthracite  coal  by  retail,  every 
cart,  wagon,  or  other  vehicle  used  in  delivering  such  coal  shall  be  ac- 
companied by  a  delivery  ticket  for  the  purchaser,  which  shall  state 
clearly  the  quantity  of  coal  contained  therein,  the  name  of  the  pur- 
chaser or  delivery  address,  name  of  the  dealer  by  whom  sold  and 
delivered,  and  the  name  of  the  driver  in  charge. 

Any  person,  firm,  or  corporation  who  shall  violate  the  provi- 
sions of  this  section,  shall,  on  complaint  of  purchaser,  be  liable  to  a 
penalty  not  exceeding  fifty  dollars  ($50.00),  to  be  collected  by 
summons  issued  before  any  justice  of  the  peace  or  magistrate,  the 
action  to  be  brought  in  the  name  of  the  city  where  the  offense  is  com- 
mitted, and  said  penalty  shall  be  paid  into  the  city  treasury. 

Sec.  21602  (al913).  Petition;  public  scales;  official  public  weigh- 
master; fee;  index. — Upon  the  petition  of  any  twenty-five  reputable 
citizens,  in  any  city  of  the  first  class  in  this  Commonwealth,  it  shall, 
at  any  time  hereafter,  be  lawful  for  the  court  of  quarter  sessions,  the 
territorial  jurisdiction  of  which  includes  such  city,  to  designate,  by 
order  or  decree,  as  public  scales  such  stationary  scales  as  may  be 
recommended,  provided,  or  located  by  such  petitioners,  with  the  con- 
sent of  owner  or  lessee  of  same,  to  whom  the  court  shall  issue  a  cer- 
tificate as  an  official  public  weighmaster,  and  a  sign,  as  such,  shall 
be  conspicuously  displayed  on  the  premises.  The  said  appointment 
as  such  official  weighmaster  is  to  continue,  with  all  its  privileges, 
duties,  and  obligations,  till  revoked  by  the  court  on  petition  of  such 
weighmaster,  or  on  other  cause  shown  on  petition  to  the  court, 
signed  by  ten  reputable  citizens  living  in  said  city.  Such  weigh- 
stations  may  be  located  in  different  parts  of  such  cities,  and  in  such 
convenient  number  and  locality  as  shall  be  proper  and  necessary  for 
the  convenient  weighing  of  coal.  Such  weighmaster,  or  his  agent, 
for  whom  he  shall  be  responsible,  shall  be  in  attendance  at  such 
scales,  and  shall  be  entitled  to  charge  a  fee  of  thirty  cents  ($0.30) 
per  load  of  coal  weighed;  empty  vehicles  returning  to  such  scales 
after  delivery  of  the  coal  so  weighed  shall  be  reweighed  without  fur- 
ther charge.  An  index  of  all  scales  so  designated  shall  be  kept  for 
public  inspection  in  the  office  of  the  clerk  of  the  court  of  quarter 
sessions. 

Sec.  21603  (1911).  Bond  of  weighmaster;  conditions. — Every  weigh- 
master of  such  scales,  so  designated,  shall  execute  a  bond  payable 
to  the  city  in  which  such  scales  are  situate,  in  the  sum  of  one  thou- 
sand dollars  (1,000.00),  with  one  or  more  sufficient  sureties  to  be 
approved  by  the  court,  conditioned  that  said  scale  shall  be  tested  by 
a  competent  scale  maker  at  least  once  every  three  months,  and  be 
kept  at  all  times  in  condition  to  properly  and  accurately  register 
the  weight  of  coal ;  and,  further,  that  the  weighmaster  provided  for 
such  scales  will  perform  his  duties  honestly  and  faithfully,  and  will 
furnish  correct  certificates  to  all  persons  having  coal  or  coal  con- 
veyances, aforesaid,  weighed  at  such  scales.  Upon  proof  that  any  of 
the  conditions  of  any  such  bond  have  not  been  complied  with,  or  have 


PENNSYLVANIA  687 

been  violated,  the  city  to  which  such  bond  is  given  may  recover  the 
amount  thereof  in  proper  action. 

Sec.  21604.  Scale  book;  entries;  official  record;  certificate  as  evidence. — 
Each  weighmaster  of  scales  thus  designated  as  weigh-stations,  as 
aforesaid,  shall  keep  a  book,  in  which  shall  be  accurately  entered, 
in  ink,  a  memorandum  of  every  load  of  coal  weighed  at  such  scales ; 
showing  the  name  of  the  person,  firm,  or  corporation  delivering 
said  coal,  and  the  name  of  the  driver,  or  other  person  in  charge  of 
such  delivery ;  the  net  weight  thereof,  as  shown  by  the  delivery  ticket 
herein  provided  for,  furnished  by  such  person,  firm,  or  corporation, 
the  name  of  the  purchaser  thereof ;  the  gross  and  net  weight  of  the 
coal  so  weighed;  the  name  of  the  weighmaster  or  his  agent  weighing 
the  same,  and  the  date  of  weighing.  Said  book  shall  be  an  official 
record,  and  all  certificates  delivered  by  such  weighmasters  or  their 
agents  shall  be  copies  of  the  entries  contained  therein,  and  shall  be 
received  in  all  the  courts  of  this  Commonwealth  as  evidence  of  the 
facts  therein  required  to  be  certified  or  entered.  It  shall  be  the 
duty  of  the  county  commissioners  of  such  counties  to  provide  all 
official  weighmasters  with  blank  books  and  certificates  prepared  in 
conformity  with  the  provisions  of  this  act,  but  each  weighmaster 
must  provide  his  own  books  and  certificates  when  not  supplied  by 
the  county  commissioners. 

Sec.  21605.  False  weighing  or  certification;  penalty. — Any  weigh- 
master of  such  scales,  or  any  agent  or  representative  of  such  weigh- 
master, who  shall  be  guilty  of,  or  in  any  manner  engaged  or  con- 
cerned in,  any  false  or  fraudulent  weighing  of  coal  at  such  scales,  or 
who  shall  give  any  false  or  fraudulent  certificate  of  the  weight  of 
coal  at  such  scales,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars  ($500.00),  or  by  imprisonment  not  exceeding 
one  year,  or  both. 

Sec.  21606.  Rights  of  purchaser;  weighing  of  coal;  weighing  of  ve- 
hicle; certificate;  cartage;  refusal  of  seller. — It  shall  be  the  privilege 
or  right  of  any  purchaser  of  anthracite  coal,  delivered  by  cart, 
wagon,  or  other  vehicle,  in  any  of  the  cities  of  the  first  class  of  this 
Commonwealth,  before  accepting  the  same,  to  have  all  of  said  coal 
or  any  load  of  it  weighed,  at  his  expense,  at  any  of  the  weigh-stations 
designated  under  the  provisions  of  section  two  of  this  act,  provided, 
such  weigh-station  is  located  within  ten  city  blocks  of  the  place  of 
loading  or  of  the  place  of  delivery  of  said  coal ;  and  may  require  that 
any  cart,  wagon,  or  conveyance,  aforesaid,  containing  coal  intended 
to  be  delivered  to  him,  shall  be  taken  by  the  driver  or  other  person 
in  charge  thereof  immediately  and  directly  to  such  scales,  for  the 
purpose  of  having  the  same  weighed;  and,  after  the  delivery  of 
such  coal,  said  purchaser  may  also  require  that  the  cart,  wagon,  or 
conveyance,  aforesaid,  in  which  said  coal  is  delivered,  shall  be  taken 
by  the  driver  or  person  in  charge  thereof  immediately  back  to  said 
weigh-station,  by  the  most  direct  route  and  without  unnecessarily 
stopping  on  the  way,  to  be  weighed  at  the  expense  of  such  purchaser ; 
and  a  certificate  of  the  weight  of  such  coal,  so  weighed  as  aforesaid, 
shall  thereupon  be  furnished  to  the  purchaser  of  said  coal  by  the 
weigh-master,  or  his  representative  at  such  scales,  at  which  such 
coal  was  so  weighed,  and  a  duplicate  of  said  certificate  shall  there- 
517—27 44 


688  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

upon  be  forwarded,  at  the  expense  of  the  weigh-master  of  such  scales, 
to  the  person,  firm,  or  corporation  delivering  said  coal :  Provided, 
That  whenever  coal  is  to  be  so  weighed,  such  purchaser  must  allow 
the  driver  in  charge  thereof  reasonable  opportunity  to  notify  the 
person,  firm,  or  corporation  selling  said  coal,  so  that  such  person, 
firm,  or  corporation,  or  a  representative  thereof,  may  be  present  at 
the  weighing,  should  they  so  desire:  Provided  also,  however,  That 
no  purchaser  shall  avail  himself  of  the  privileges  of  this  act,  in 
providing  for  the  weighing  of  his  coal,  unless  he  shall  have  first 
tendered  to  the  person  in  charge  of  the  delivery  the  sum  of  fifty 
cents  ($.50)  for  each  ton  of  coal  to  be  weighed,  as  compensation  for 
cartage  for  his  employer :  Provided  also,  That  this  method  of  weigh- 
ing shall  not  be  binding  on  any  purchaser  of  coal  if  he  shall  not 
deem  it  convenient,  satisfactory,  or  expeditious. 

Sec.  21607.  Penalty;  police  powers;  refusal  of  driver;  penalty. — The 
refusal  of  the  seller  of  the  coal  to  allow  the  same  to  be  weighed,  as 
provided  by  this  act,  shall  render  the  person,  firm,  or  corporation 
selling  the  said  coal  liable  to  a  payment  of  a  penalty  of  fifty  dollars 
($50.00),  which  may  be  recovered  by  civil  action,  brought  in  the 
name  of  the  city  wherein  such  act  occurs,  before  any  justice  of  the 
peace  or  magistrate;  and  which  penalty,  as  well  as  the  amount  or 
amounts  which  may  be  collected  on  the  bonds,  under  section  three  of 
this  act  shall  when  collected  be  paid  into  the  treasury  of  said  city. 
Any  police  officer  or  constable  of  any  city  of  the  first  class,  when 
called  upon,  shall  have  power  without  warrant  to  arrest  any  driver 
or  other  person,  charged  with  the  delivery  of  coal  as  aforesaid,  who 
shall  refuse  to  take  such  coal  to  the  scales  and  permit  the  same,  or 
the  wagon,  cart,  or  conveyance  aforesaid,  to  be  weighed  in  accordance 
with  the  provisions  of  section  six  of  this  act;  and  such  driver  or 
other  person  so  arrested,  shall  be  subject  to  a  fine  or  penalty  of  five 
dollars  ($5.00),  to  be  collected  by  summary  conviction  before  any 
magistrate  or  justice  of  the  peace,  and  when  collected  to  be  paid  into 
the  city  treasury,  and  in  default  of  payment,  such  person  so  con- 
victed may  be  committed  by  said  justice  of  the  peace  or  magistrate 
to  the  county  prison,  for  a  term  not  exceeding  five  days. 

Sec.  21608.  Docket. — Each  and  every  magistrate  or  justice  of  the 
peace  in  cities  of  the  first  class  shall  keep  a  docket,  in  which  shall  be 
entered  a  full  and  complete  record  of  the  proceedings  had  before 
him  for  the  violation  of  any  of  the  provisions  of  this  act. 

Sec.  21641  (1901).  Correct  weight  to  be  marked. — Hereafter  all  baled 
hay  and  straw  shall  be  properly  bound  with  wire,  rope  or  other 
material  to  hold  it  in  bundle,  and  the  correct  weight  shall  be  plainly 
marked  on  each  bale. 

Sec.  21642.  Weight  of  baling  material. — The  wood  or  other  material 
used  in  baling  cut  hay  shall  not  exceed  in  weight  eight  per  centum 
of  the  weight  of  the  entire  bundle,  and  no  wood,  except  for  a  mark- 
ing block,  shall  be  used  in  baling  long  hay  or  straw. 

Sec.  21643.  Certain  acts  misdemeanor. — Any  person  who  shall  mark 
a  bale  of  hay  or  straw  higher  than  its  actual  weight,  or  who  shall 
use  more  than  eight  per  centum  of  its  weight  of  wood  or  other  mate- 
rial to  hold  it  in  bundle,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  in  the  discretion  of  the  court  before 
whom  conviction  may  be  secured. 


PENNSYLVANIA  689 

Sec.  21644  (1876).  Penalty  for  fraud  in  baling  hay  and  straw;  pen- 
alty.— Any  person  or  persons  within  this  Commonwealth  who  shall 
sell,  or  cause  to  be  sold  or  exchanged,  in  any  manner  whatsoever, 
baled  hay,  straw  or  other  material  of  a  like  nature,  by  weight,  and 
shall  include  in  the  weight  of  said  baled  hay,  straw  or  other  sub- 
stance of  a  similar  nature,  any  concealed  or  exposed  matter,  for  the 
purpose  of  increasing  the  weight,  shall  be  deemed  guilty  of  a  mis- 
demeanor; and  on  being  convicted  thereof,  shall  be  fined  not  ex- 
ceeding one  hundred  dollars,  and  imprisoned  not  exceeding  six 
months,  either  or  both,  at  the  discretion  of  the  court. 

Sec.  21650  (1919).  Dealers  in  milk  and  cream;  use  of  standard  Babcock 
testing  glassware. — Every  person,  firm,  company,  association,  cor 
poration,  or  agent  thereof,  engaged  in  the  business  of  buying  milk  oi 
cream  on  the  basis  of,  or  in  any  manner  with  reference  to,  the  amount 
or  percentage  of  butterfat  contained  therein,  as  determined  by  the 
"  Babcock  test,"  shall  use  standard  "  Babcock  "  bottles,  pipettes,  and 
weights,  as  defined  in  section  two  of  this  act.  All  such  Babcock  test 
bottles,  pipettes,  and  weights,  so  used,  shall  have  been  inspected  for 
accuracy  by  the  bureau  of  standards  of  Pennsylvania  or  its  proper 
officer  or  agent,  and  shall  be  legibly  and  indelibly  marked,  by  the 
said  bureau  of  standards  or  its  inspectors  of  weights  and  measures, 
with  the  letters  "  S.  G.  P."  (Standard  Glassware  Pennsylvania), 
and  no  Babcock  bottle,  pipette,  or  weight  shall  be  used  for  such  test 
unless  so  examined  and  marked  by  the  said  inspectors  of  weights  and 
measures.  It  shall  be  unlawful  for  any  person,  persons,  firm  or  com- 
pany, association,  corporation,  or  any  agents,  to  use  any  other  than 
standard  test  bottles,  pipettes,  and  weights,  which  have  been  ex- 
amined and  marked  as  provided  in  this  section,  to  determine  the 
amount  of  fat  in  milk  or  cream  bought  on  the  butterfat  basis  as 
determined  by  the  Babcock  test. 

Sec.  21651,  as  amended  by  P.  L.,  1921,  Act  152,  p.  300.  Standard  Bab- 
cock testing  of  glassware. — The  term  "  Standard  Babcock  testing  glass- 
ware "  shall  apply  to  glassware  and  weights  complying  with  the  fol- 
lowing specifications : 

(a)  Standard  milk  test  bottles. 

Graduation:  The  total  per  centum  graduation  shall  be  eight. 
The  graduated  portion  of  the  neck  shall  have  a  length  of  not  less  than 
sixty-three  and  five-tenths  millimeters  (two  and  one-half  inches). 
The  graduations  shall  represent  whole  per  centum,  five-tenths  per 
centum,  and  tenths  per  centum.  The  tenths  per  centum  graduation 
shall  not  be  less  than  three  millimeters  in  length ;  the  five-tenths  per 
centum  graduations  shall  be  one  millimeter  longer  than  the  tenths  per 
centum  graduations,  projecting  one  millimeter  to  the  left;  the  whole 
per  centum  graduations  shall  extend  at  least  one-half  way  around  the 
neck  to  the  right  and  projecting  two  millimeters  to  the  left  of  the 
tenths  per  centum  graduations.  Each  per  centum  graduation  shall  be 
numbered,  the  number  being  placed  on  the  left  of  the  scale.  The 
error  at  any  point  of  the  scale  shall  not  exceed  one-tenth  per  centum. 

Neck:  The  neck  shall  be  cylindrical,  and  the  cylindrical  shape 
shall  extend  for  at  least  five  millimeters  below  the  lowest  and  above 
the  highest  graduation  mark.  The  top  of  the  neck  shall  be  flared  to 
a  diameter  of  not  less  than  ten  millimeters. 

Bulb:  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  forty-five  cubic  centimeters.    The  shape  of  the 


690  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

bulb  may  be  either  cylindrical,  or  conical  with  the  smallest  diameter 
at  the  bottom.  If  cylindrical,  the  outside  diameter  shall  be  between 
thirty-four  and  thirty-six  millimeters;  if  conical  the  outside  diam- 
eter of  the  base  shall  be  between  thirty-one  and  thirty-three  milli- 
meters, and  the  maximum  diameter  between  thirty-five  and  thirty- 
seven  millimeters. 

The  charge  of  the  bottle  shall  be  eighteen  grams. 

The  total  height  of  the  bottle  shall  be  between  one  hundred  and 
fifty  and  one  hundred  and  sixty-five  millimeters  (five  and  seven- 
eighths  and  six  and  one-half  inches). 

(b)   Standard  cream  test  bottles. 

Three  types  of  bottles  shall  be  accepted  as  standard  cream  test 
bottles :  A  fifty  per  centum,  nine  gram,  short-neck  bottle ;  a  fifty  per 
centum  nine  gram,  long-neck  bottle ;  and  a  fifty  per  centum,  eighteen 
gram,  long-neck  bottle. 

Fifty  per  centum,  nine  gram,  short-neck  bottles : 

Graduations  :  The  total  per  centum  graduation  shall  be  fifty.  The 
graduated  portion  of  the  neck  shall  have  a  length  of  not  less  than 
sixty-three  and  five-tenths  millimeters  (two  and  one-half  inches). 
The  graduation  shall  represent  five  per  centum,  one  per  centum,  and 
five-tenths  per  centum.  The  five  per  centum  graduations  shall 
extend  at  least  half  way  around  the  neck  to  the  right.  The  five- 
tenths  per  centum  graduations  shall  be  at  least  three  millimeters  in 
length,  and  the  one  per  centum  graduations  shall  have  a  length  inter- 
mediate between  the  five  per  centum  and  the  five-tenths  per  centum 
graduations.  Each  five  per  centum  graduation  shall  be  numbered, 
the  number  being  placed  on  the  left  of  the  scale.  The  error  at  any 
point  of  the  scale  shall  not  exceed  five-tenths  per  centum. 

Neck:  The  neck  shall  be  cylindrical  and  the  cylindrical  shape 
shall  extend  at  least  five  millimeters  below  the  lowest,  and  five 
millimeters  above  the  highest  graduation  mark.  The  top  of  the 
neck  shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb :  The  capacity  of  the  bulb  up  to  the  junction  of  the  neck 
shall  not  be  less  than  forty-five  cubic  centimeters.  The  shape  of 
the  bulb  may  be  either  cylindrical,  or  conical  with  the  smallest 
diameter  at  the  bottom.  If  cylindrical,  the  outside  diameter  shall 
be  between  thirty-four  and  thirty-six  millimeters;  if  conical,  the 
outside  diameter  of  the  base  shall  be  between  thirty-one  and  thirty- 
three  millimeters,  and  the  maximum  diameter  between  thirty-five 
and  thirty-seven  millimeters. 

The  charge  of  the  bottle  shall  be  nine  grams.  All  bottles  shall 
bear  on  top  of  the  neck,  above  the  graduations,  in  plainly  legible 
characters  a  mark  defining  the  weight  of  the  charge  to  be  used 
(nine  grams). 

The  total  height  of  the  bottle  shall  be  between  one  hundred  and 
fifty  and  one  hundred  and  sixty-five  millimeters  (five  and  seven- 
eighths  and  six  and  one-half  inches),  same  as  standard  milk  test 
bottles. 

Fifty  per  centum,  nine  gram,  long-neck  bottles. 

The  same  specifications  in  every  detail  as  specified  for  the  fifty 
per  centum,  nine  gram,  short-neck  bottle,  shall  apply  for  the  long- 
neck  bottle,  with  the  exception,  however,  the  total  height  of  this 
bottle  shall  be  between  two  hundred  and  ten  and  two  hundred  and 


PENNSYLVANIA  691 

thirty-five  millimeters  (eight  and  one-fourth  and  eight  and  seven- 
eighths  inches),  and  that  the  total  length  of  the  graduation  shall 
not  be  less  than  one  hundred  and  twenty  millimeters. 
Fifty  per  centum,  eighteen  gram,  long-neck  bottles : 

The  same  specification  in  every  detail  as  specified  for  the  fifty  per 
centum,  nine  gram,  long-neck  bottles,  except  that  the  charge  of  the 
bottle  shall  be  eighteen  grams.  All  bottles  shall  bear,  on  the  top  of 
the  neck,  above  the  graduation,  in  plainly  legible  characters,  a  mark 
defining  the  weight  of  the  charge  to  be  used  (eighteen  grams). 

(<?)  The  standard  Babcock  pipette. 

Total  length  of  pipette,  not  more  than  three  hundred  and  thirty 
millimeters  (thirteen  and  one-fourth  inches).  Outside  diameter  of 
suction  tube,  six  to  eight  millimeters.  Length  of  suction  tube,  one 
hundred  and  thirty  millimeters.  Outside  diameter  of  delivery  tube, 
four  and  five-tenths  to  five  and  five-tenths  millimeters.  Length  of 
delivery  tube,  one  hundred  to  one  hundred  and  twenty  millimeters. 
Distance  of  graduation  mark  above  bulb,  fifteen  to  forty-five  milli- 
meters. Nozzle,  straight.  Delivery,  seventeen  and  six-tenths  cubic 
centimeters  of  water  at  twenty  degrees  Centigrade  in  five  to  eight 
seconds.  Maximum  error  shall  not  exceed  five-hundredths  or  a 
cubic  centimeter. 

(d)  Standard  weights. 

The  standard  weights  shall  be  of  nine  (9)  grams  and  eighteen 
(18)  grams  denominations. 

Sec.  21652.  Penalties. — Any  person  violating  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  shall  be  subject  to 
the  same  penalties  as  provided  in  the  act  to  which  this  is  a 
supplement. 

Sec.  21653.  Enforcement. — The  bureau  of  standards  of  the  State  of 
Pennsylvania,  through  its  inspectors  of  weights  and  measures,  shall 
be  charged  with  the  enforcement  of  the  provisions  of  this  act. 

Sec.  21654.  When  effective. — The  provisions  of  this  act  shall  take 
effect  January  first,  one  thousand  nine  hundred  and  twenty,  with  the 
exception  that  the  provisions  of  section  two,  as  respects  the  denomi- 
nations of  the  glassware  therein  specified,  shall  not  be  held  to  re- 
quire the  abandonment  of  the  use  of  glassware  of  other  denomina- 
tions in  use  at  the  time  of  the  passage  of  this  act,  provided  that  the 
said  glassware  of  other  than  standard  denominations  shall  have  been 
certified,  after  examination  by  the  proper  officer  of  the  Pennsylvania 
bureau  of  standards,  to  be  correct  to  their  graduations. 

Sec.  21656  (1877).  Weight  of  salt  per  barrel. — All  salt  manufactured 
by  evaporation,  within  the  limits  of  this  Commonwealth,  and  put  in 
packages  purporting  to  be  a  barrel,  said  package  shall  contain  two 
hundred  and  eighty  (280)  pounds  of  salt,  and  this  exclusive  of  the 
weight  of  the  package. 

Sec.  21658  (1864).  Sale  of  shingles,  etc.,  by  the  thousand.— It  shall 
not  be  lawful  for  any  person  or  persons  engaged  in  the  business  of 
purchasing,  collecting  or  furnishing  shingles  or  hoop-poles,  shaved 
hoops,  straps,  shucks,  staves  and  heading,  of  any  kind  of  material 
whatsoever,  used  in  the  manufacture  of  wooden  vessels,  to  demand 
or  deliver  more  than  ten  hundred  pieces  in  number  for  one  thousand ; 
and  that  when  any  or  either  of  the  above-mentioned  articles  of  lum- 
ber be  purchased  or  sold  by  the  thousand,  it  shall  be  so  considered, 
any  custom  or  usage  to  the  contrary  notwithstanding. 


692  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  21659  (1817).  Standard  dimensions  of  cord  of  wood  in  Philadel- 
phia.— The  standard  dimensions  of  a  cord  of  wood  or  bark  for  fuel, 
exposed  to  sale  within  the  city  and  county  of  Philadelphia,  shall  be 
eight  feet  in  length,  four  feet  in  breadth,  and  four  feet  in  height,  con- 
taining one  hundred  and  twenty-eight  feet,  solid  measure;  but 
if  it  shall  so  happen,  before  the  first  day  of  September  next,  that 
any  wood  brought  to  market  shall  be  under  the  average  length  of 
four  feet,  including  one-half  of  the  kerf,  the  deficiency  shall  be 
made  up  in  the  breadth  or  height. 

Sec.  21660.  Length  of  cord  wood ;  piling  cord  wood ;  corder  not  to  buy 
to  sell  for  profit. — From  and  after  the  first  day  of  September  next,  all 
cord  wood  brought  to  market  within  the  city  and  county  of  Phila- 
delphia, shall  be  at  least  four  feet  in  length,  including  one-half  the 
kerf,  and  the  cord  shall  be  computed  at  the  rate  of  eight  feet  in 
length,  four  feet  in  breadth  and  four  feet  in  height,  well  stowed  and 
packed,  the  straight  wood  shall  be  placed  or  caused  to  be  placed 
by  all  vendors  of  cord  wood  compactly  in  the  lower  part  of  the 
pile,  and  the  crooked  wood  in  the  upper  part  thereof,  and  a  rea- 
sonable and  fair  allowance  shall  be  made  by  all  corders  or  vendors 
of  wood  for  the  loss  sustained  by  crooked  or  uneven  wood;  nor 
shall  any  corder  of  wood  purchase  any  wood  for  the  purpose  of 
selling  the  same  again,  by  which  sale  he  may  derive  a  compensation 
or  profit;  and  the  same  is  hereby  declared  to  be  unlawful. 

Sec.  21661.  Seizure  and  forfeiture  of  wood;  penalties  for  violations  of 
act;  how  recoverable. — From  and  after  the  first  day  of  September 
next  if  any  person  shall  expose  to  sale  within  the  city  and  county 
of  Philadelphia  any  wood  less  than  four  feet  in  length,  it  shall  be 
liable  to  be  seized  by  any  corder  of  wood  and  forfeited,  one-half  to 
the  use  of  said  corder,  and  the  other  to  the  guardians  of  the  poor 
of  the  city,  district  or  township  in  which  it  shall  be  seized;  but  in 
case  the  person  exposing  the  wood  for  sale,  shall  deem  himself  ag- 
grieved thereby,  he  may  appeal  to  any  alderman  or  justice  of  the 
peace  of  the  city,  district  or  township  in  which  the  seizure  is  made, 
who  shall  hear,  try  and  determine  the  same;  and  if  any  person  shall, 
within  the  said  limits,  sell  as  a  cord  of  wood  or  bark,  for  fuel,  any 
quantity  less  than  the  standard  measure  prescribed  by  this  act,  unless 
the  same  shall  have  been  previously  measured  by  a  corder,  and  is  sold 
without  any  change  since  such  measurement,  he  shall  forfeit  and 
pay  the  sum  of  ten  dollars ;  and  if  any  corder  shall  refuse  or  neglect 
to  perform  the  duties  enjoined  upon  him  by  this  act,  he  shall  for 
every  such  offense  forfeit  and  pay  the  sum  of  ten  dollars;  and  if 
any  corder  shall  purchase  any  wood  for  the  purpose  of  selling 
again,  he  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars, 
which  several  penalties  and  forfeitures  may  be  recovered  as  debts 
of  a  similar  amount  are  by  law  recoverable  before  any  alderman 
or  justice  of  the  peace  within  the  city,  district  or  township  in  which 
the  offense  shall  have  been  committed,  and  shall  be  one-half  for 
the  use  of  the  person  prosecuting  for  them,  and  the  other  for  the 
guardians  of  the  poor  of  the  said  city,  district  and  township. 

Stats.,  1920,  p.  1473. 

Sec.  15058  (1907).  Milk,  skim  milk,  and  cream;  standard  of  measure- 
ment.— On  and  after  the  first  day  of  July,  one  thousand  nine  hundred 
and  seven,  it  shall  be  unlawful  for  any  person,  firm,  or  corporation 


'  PENNSYLVANIA  693 

to  sell  or  offer  for  sale,  or  demand  from  any  person  offering  for  sale, 
either  wholesale  or  retail,  within  the  State  of  Pennsylvania,  any 
milk,  skim-milk,  and  cream  according  to  any  other  standard  of 
measurement  than  that  known  as  the  liquid,  or  wine,  measure,  con- 
taining two  hundred  and  thirty-one  cubic  inches  to  the  gallon :  Pro- 
vided, That  nothing  in  this  act  will  prevent  the  sale  of  milk,  skim- 
milk,  and  cream  by  weight  or  percentage  of  butter-fat. 

Sec.  15059.  Violation;  penalty. — Every  person,  iirm,  or  corporation, 
and  every  officer,  agent,  servant,  or  employe  of  such  person,  firm, 
or  corporation,  who  shall  violate  any  of  the  provisions  of  this  act; 
or  any  person,  firm  or  corporation,  and  every  officer,  agent,  servant, 
or  employe  of  such  person,  firm,  or  corporation,  demanding,  offer- 
ing, and  receiving  a  greater  measure  than  that  specified  in  the  first 
section  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  the  conviction  thereof  in  the  court  of  quarter  sessions  of  the 
proper  county,  shall  be  sentenced  to  pay  a  fine  of  not  less  than 
twenty-five  dollars  and  not  more  than  one  hundred  dollars,  with 
costs  of  prosecution,  or  undergo  imprisonment  not  exceeding  thirty 
days,  or  both,  at  the  discretion  of  the  court. 

Stats.,  1920,  p.  1022. 

Sec.  10591  (1901).  Weight  of  kegs  of  black  blasting  powder  regulated; 
kegs  to  be  stamped  with  weight  of  powder,  etc. — On  and  after  the  first 
day  of  August,  anno  Domini  one  thousand  nine  hundred  and  one, 
each  and  every  keg  of  black  blasting  powder  used,  manufactured  or 
sold  in  and  around  the  coal  mines  of  this  Commonwealth,  shall  contain 
twenty -five  pounds  of  said  black  blasting  powder,  standard  weight; 
every  one-half  keg  shall  contain  twelve  and  a  half  pounds  of  said 
black  blasting  powder,  standard  weight,  and  every  quarter  keg 
shall  contain  six  and  one-quarter  pounds  of  said  black  blasting 
powder,  standard  weight;  each  of  said  kegs  to  be  plainly  stamped 
with  the  name  of  the  person,  firm  or  corporation  manufacturing 
said  powder,  and  also  the  number  of  pounds  of  powder  contained 
in  said  keg. 

Sec.  10592.  Penalty — Any  manufacturer  or  dealer  in  said  black 
blasting  powder,  making  or  selling,  or  causing  to  be  made  or  sold, 
any  keg,  half-keg  or  quarter-keg  of  said  black  blasting  powder  con- 
taining less  weight  of  said  powder  than  specified  in  this  act  or 
which  keg  shall  not  be  stamped  as  required  in  section  1  of  this  act 
[section  10591],  shall  be  subject  to  a  penalty  of  five  dollars  for  each 
and  every  keg,  half -keg  or  quarter-keg,  manufactured  or  sold,  which 
does  not  contain  the  respective  weights  of  black  blasting  powder 
set  forth  in  the  foregoing  section. 

Stats.,  1920,  p.  1101. 

Sec.  11272  (1873).  Sale  of  timber  on  the  Ohio.— It  shall  be  lawful 
for  any  persons  haying  timber,  boards  or  other  lumber  upon  the 
Ohio  River,  or  any  of  its  tributaries,  in  this  State,  to  sell  the  same 
under  any  measurement  they  may  agree  upon,  or  under  measure- 
ments which  may  be  made  by  any  person  or  persons  whom  they  and 
their  vendees,  under  contract,  may  select,  any  local  law,  usage  or 
ordinance  to  the  contrary  notwithstanding:  Provided,  That  square 
timber  shall  be  measured  with  the  usual  five-inch  hook,  unless  the 
parties  shall  otherwise  contract. 


694  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Stats.,  1920,  p.  29. 

Sec.  296  (al917).  Sale  of  fertilizers. — That  all  corporations,  asso- 
ciations, partnerships,  or  persons,  before  selling  or  offering  for  sale 
any  commercial  fertilizer  in  the  Commonwealth,  except  the  dung 
of  domestic  animals,  lime,  marl,  and  wood  ashes,  shall  brand  or 
attach  to  each  bag,  barrel,  or  package  in  a  conspicuous  place  on  the 
outside  thereof,  a  plainly  printed  statement  giving  the  following 
particulars  and  no  others : 

(1)  The  number  of  pounds  of  fertilizer  contained  in  the  package. 

(2)  The  name,  brand,  or  trade-mark  under  which  the  fertilizer  is 
sold. 

(3)  The  name  and  principal  address  of  the  manufacturer,  im- 
porter, or  other  person  putting  the  fertilizer  on  the  market  in  this 
Commonwealth.     *     *     * 

Sec.  303  (1915).  Department  of  agriculture. — That  every  bag,  bar- 
rel, or  other  package  or  quantity,  of  any  pulverized  limestone, 
ground  oyster  shells,  artificial  carbonate  of  lime,  ground  lime^  spray- 
ing lime,  slaked-lime,  hydrated  lime,  hydrated  spraying  lime,  marl, 
gypsum,  or  land-plaster,  sold,  offered,  or  exposed  for  sale,  within 
this  Commonwealth  for  use  as  a  soil  amendment  or  as  an  ingredient 
or  reagent  in  the  preparation  of  any  fungicide  or  insecticide,  shall 
have  attached  to  it  or  be  accompanied,  in  the  manner  provided  in 
section  three  hereof,  by  a  plainly  printed  statement  giving  the  name 
and  address  of  the  manufacturer  or  importer  and  his  place  of  busi- 
ness, the  brand  or  trade-name  of  said  material,  the  net  weight  of 
the  contents  of  the  package,  when  sold  in  package,  and  a  statement 
declaring,  with  respect  to  pulverized  limestone,  ground  oyster  shells, 
and  artificial  carbonate  of  lime:  (a)  The  degree  of  fineness  of  the 
material,  in  terms  of  the  minimum  sieve-mesh,  expressed  in  frac- 
tions of  an  inch,  through  which  the  coarsest  particles  of  said  mate- 
rial can  pass;  and  *  *  *  The  provisions  of  this  act  shall  not, 
however,  apply  to  air-slaked  lime,  kiln-slaks,  gas-house  lime,  or 
tanners'  lime,  when  sold  as  such. 

Stats.,  1920,  p.  393. 

Sec.  403  (1909).  Concentrated  commercial  feeding  stuffs  to  bear  net 
weight. — Every  barrel,  bag,  pail,  parcel,  or  other  package  of  con- 
centrated commercial  feeding  stuffs,  as  defined  in  section  two  of  this 
act,  used  for  feeding  domestic  animals,  also  condimental  stock  and 
poultry-food,  and  patented,  proprietary,  or  trade-marked  stock  and 
poultry-food,  possessing  nutritive  value  combined  with  medicinal 
properties,  sold,  offered,  or  exposed  for  sale,  within  this  State,  shall 
have  affixed  thereto,  in  a  conspicuous  place  on  the  outside  thereof, 
a  legible  and  plainly-printed  statement  in  the  English  language, 
clearly  and  truly  certifying  the  number  of  net  pounds  of  feeding- 
stuff  contained  therein,  the  name,  brand,  or  trade  mark  under  which 
the  article  is  sold;  the  name  and  address  of  the  manufacturer  or 
importer,    *     *     * 

Stats.,  1920,  p.  2056. 

Sec.  21193  (al919).  Standard  time;  Federal  time.— On  and  after  the 
first  day  of  July  anno  Dqmini  one  thousand  eight  hundred  and 
eighty-seven,  the  mean  solar  time  of  the  seventy-fifth  meridian  of 
longitude   west   of   Greenwich,   commonly   called   eastern   standard 


PENNSYLVANIA  695 

time,  shall  be  the  sole  and  uniform'  legal  standard  of  time  through- 
out this  Commonwealth;  and  on  and  after  the  date  aforesaid  all 
days  shall  everywhere  be  taken  to  begin  and  end  in  accordance  with 
said  standards;  *  *  *  And  provided  further,  That  when  the 
standard  time  shall  be  advanced,  for  any  portion  of  the  year,  by 
any  act  of  Congress,  now  in  force  or  hereafter  passed,  the  time  so 
fixed  by  such  act  of  Congress  shall  be  the  standard  time  of  this 
Commonwealth  for  such  portion  of  the  year. 

Stats.,  1920,  p.  1519. 

Sec.  15599  (1883).  Cars  to  be  of  uniform  capacity;  to  be  branded  by 
mine  inspector;  penalty  for  violation;  exceptions. — At  every  bituminous 
coal  mine  in  this  Commonwealth,  where  coal  is  mined  by  measure- 
ment, all  cars,  filled  by  miners  or  their  laborers,  shall  be  uniform  in 
capacity  at  each  mine;  no  unbranded  car  or  cars  shall  enter  the 
mine  for  a  longer  period  than  three  months,  without  being  branded 
by  the  mine  inspector  of  the  district,  wherein  the  mine  is  situated ; 
and  any  owner  or  owners,  or  their  agents,  violating  the  provisions 
of  this  section,  shall  be  subject  to  a  fine  of  not  less  than  one  dollar 
per  car,  for  each  and  every  day,  as  long  as  the  car  is  not  in  con- 
formity with  this  act;  and  the  mine  inspector  of  the  district  where 
the  mine  is  located,  on  receiving  notice  from  the  check-measurer  or 
any  five  miners  Avorking  in  the  mine,  that  a  car  or  cars  are  not 
properly  branded,  or  not  uniform  in  capacity,  according  to  law,  are 
used  in  the  mine  where  he  or  they  are  employed,  then,  inside  of 
three  days  from  the  date  of  receiving  said  notice,  it  shall  be  his 
duty  to  enforce  the  provisions  of  this  section,  under  penalty  of  ten 
dollars  for  each  and  every  day  he  permits  such  car  or  cars  to  enter 
the  mine:  Provided,  That  nothing  contained  in  this  section  shall 
be  construed  or  applied  to  those  mines  wh[ich]  do  not  use  more 
than  ten  cars. 

Sec.  15600.  Miners  may  employ  check- weighman  or  measurer. — -At 
every  bituminous  coal  mine  in  this  Commonwealth,  where  coal  is 
mined  by  weight  or  measure,  the  miners,  or  a  majority  of  those 
present  at  a  meeting  called  for  that  purpose,  shall  have  the  right  to 
employ  a  competent  person  as  check- weighman  or  check-measurer, 
as  the  case  may  require,  who  shall  be  permitted  at  all  times  to  be 
present  at  the  weighing  or  measurement  of  coal,  also  have  power  to 
weigh  or  measure  the  same,  and  during  the  regular  working  hours 
to  have  the  privilege  to  balance  and  examine  the  scales,  or  measure 
the  cars:  Provided,  That  all  such  balancing  and  examination  of 
scales  shall  only  be  done  in  such  way,  and  in  such  time,  as  in  no  way 
to  interfere  with  the  regular  working  of  the  mines.  And  he  shall 
not  be  considered  a  trespasser  during  working  hours,  while  attend- 
ing to  the  interests  of  his  employers.  And  in  no  manner  shall  he  be 
interfered  with  or  intimidated  by  any  person,  agent,  owner  or  miner. 
And  any  person  violating  these  provisions  shall  be  held  and  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,,  he  shall  be 
punished  by  a  fine  of  not  less  than  twenty  dollars,  and  not  exceed- 
ing one  hundred  dollars,  or  imprisonment,  at  the  discretion  of  the 
court.  It  shall  be  a  further  duty  of  [the]  check- weighman  or  check- 
measurer,  to  credit  each  miner  with  all  merchantable  coal  mined  by 
him,  on  a  proper  sheet  or  book  to  be  kept  by  him  for  that  purpose. 
When  differences  arise  between  the  check-weighman  or  check-meas- 


696  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

urer  and  the  agent  or  owners  of  the  mine,  as  to  the  uniformity, 
capacity  or  correctness  of  scales  or  cars  used,  the  same  shall  be 
referred  to  the  mine  inspector  6  of  the  district  where  the  mine  is 
located,  whose  duty  it  shall  be  to  regulate  the  same  at  once ;  and  in 
the  event  of  said  scales  or  cars  proving  to  be  correct,  then  the  party 
or  parties  applying  for  the  testing  thereof  shall  bear  all  costs  and 
expenses  thereof;  but  if  not  correct,  then  the  owner  or  owners  of  said 
mine  to  pay  the  costs  and  charges  of  making  said  examination : 
Provided,  further,  That  should  any  weighman  or  weighmen,  agent 
or  check-measurer,  whether  employed  by  operators  or  miners,  know- 
ingly, or  willfully  adopt  or  take  more  or  less  pounds  for  a  bushel 
or  ton  than  as  provided  for  in  the  first  section  of  this  act,  or  will- 
fully neglect  the  balancing  or  examining  of  the  scales  or  cars,  or 
knowingly  and  willfully  weigh  coal  with  an  incorrect  scale,  he 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  imprisoned  in  the  county  jail  for  three  months. 

Sec.  15601  (1897).  Screening  bituminous  coal  before  weighing  prohib- 
ited.— It  shall  be  unlawful  for  any  mine  owner,  lessee  or  operator  of 
any  bituminous  coal  mine  in  this  Commonwealth,  employing  miners 
at  bushel  or  ton  rates,  or  other  quantity,  to  pass  the  output  of  coal 
mined  by  said  miners  over  any  screen  or  other  device  which  shall 
take  any  part  from  the  weight,  value  or  quantity  thereof,  before 
the  same  shall  have  been  weighed  and  duly  credited  to  the  employee 
sending  the  same  to  the  surface  and  accounted  for  at  the  legal  rate 
of  weight  fixed  by  the  laws  of  this  Commonwealth. 

Sec.  15602.  Violation  of  this  act  declared  a  misdemeanor. — Any  owner, 
lessee  or  operator  of  any  bituminous  coal  mine,  violating  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  for  each  and  every  such  offense,  be  punished 
by  a  fine  of  not  less  than  one  hundred  ($100)  dollars  nor  more  than 
five  hundred  ($500)  dollars,  or  by  imprisonment  in  the  county  jail 
for  a  period  not  to  exceed  ninety  days,  or  by  both  such  fine  and 
imprisonment,  at  the  discretion  of  the  court;  proceedings  to  be 
instituted  in  any  court  of  competent  jurisdiction. 

Sec.  15606  (1883).  Miners  to  be  paid  for  the  quantity  of  coal  mined, 
irrespective  of  size;  weight  of  bushel;  ton;  contracts  for  measuring. — 
Any  miner  employed  by  an  individual,  firm  or  corporation  for  the 
purpose  of  mining  coal,  shall  be  entitled  to  receive  from  his  em- 
ployer, and  failing  to  receive,  then  to  collect,  by  due  process  of 
law  at  such  rates  as  may  have  been  agreed  upon  between  the 
employer  and  the  employed,  full  and  exact  wages  accruing  to  him 
for  the  mining  of  all  sizes  of  merchantable  coal  so  mined  by  him, 
whether  the  same  shall  exist  in  the  form  of  nut  or  lump  coal;  and 
in  the  adjudication  of  such  wages,  seventy-six  pounds  shall  be 
deemed  one  bushel,  and  two  thousand  pounds  net,  shall  be  deemed 
one  ton  of  coal :  Provided,  That  nothing  contained  in  this  act  shall 
be  construed  to  prevent  operators  and  miners  contracting  for  any 
method  of  measuring  and  screening  the  coal  mined  by  such  miners, 
as  they  may  contract  for.6 

5  See  section  21547,  p.  667,  relative  to  inspection  of  mine  scales  by  State  bureau  of 
standards. 

8  This  proviso  would  seem  to  be  repealed  as  to  bituminous  coal  mines  bv  the  act  of 
July  15,  1897,  P.  L.  286,  15601,  15602. 


PHILIPPINE  ISLANDS 

Administrative  Code,  1917,  Vol.  2,  Art.  IX,  p.  8. 

Sec.  32  (al917).  Standard  weights  and  measures  in  Philippine 
Islands. — The  weights  and  measures  to  be  used  throughout  the  Philip- 
pine Islands  are  those  of  the  metric  system,  with  the  following  units : 

(a)  The  unit  of  length  is  the  standard  meter,  being  the  one  ten- 
millionth  part  of  the  distance  from  the  Equator  to  the  pole. 

(i)  The  unit  of  area  is  either  the  square  meter  or  an  area  of  one 
hundred  square  meters  known  as  the  are. 

(c)  The  unit  of  cubical  contents  or  capacity  is  either  the  cubic 
meter  or  the  one-thousandth  part  thereof  known  as  the  liter. 

(d)  The  unit  of  weight  is  the  gram. 

The  length  of  the  standard  meter  shall  be  determined  for  the 
Philippine  Islands  by  the  length  at  the  temperature  of  zero  degrees 
centigrade  of  the  fundamental  standard  measure  numbered  seventy- 
one,  now  preserved  in  the  bureau  of  science  and  certified  to  by  the 
International  Bureau  of  Weights  and  Measures. 

The  weight  of  the  standard  gram  shall  be  determined  for  the 
Philippine  Islands  by  the  weight  at  Manila  of  one-millionth  of  a 
cubic  meter  of  pure  water  at  the  temperature  of  four  degrees  centi- 
grade, or  the  one-thousandth  part  of  the  standard  kilogram  certified 
to  by  the  International  Bureau  of  Weights  and  Measures,  desig- 
nated by  the  symbol  "  L "  and  now  preserved  in  the  bureau  of 
science. 

Sec.  33.  Requirement  as  to  use  of  metric  system. — The  metric  system 
of  weights  and  measures,  with  its  recognized  scales,  shall  be  used 
in  all  contracts,  deeds,  and  other  instruments  publicly  and  officially 
attested,  and  in  all  official  documents;  and,  except  as  hereinbelow 
provided,  only  weights  and  measures  of  the  metric  system  shall  be 
officially  sealed  and  licensed. 

In  the  purchase  and  sale  of  manufactured  lumber  the  English 
system  of  measures  may  be  employed ;  and  in  ordering  commodities 
or  articles  from  abroad  such  weights  and  measures  may  be  employed 
as  are  commonly  used  in  the  country  to  which  the  order  is  sent  or 
from  which  the  goods  are  shipped. 

Administrative  Code,  1917,  Vol.  2,  ch.  IX,  p.  399. 

Sec.  1521  (al917).  Sealing  and  licensing  of  weights  and  measures. — 
The  duties  incident  to  the  official  inspection  of  weights  and  measures, 
and  the  sealing  and  licensing  of  the  same  for  use,  shall  be  performed 
under  the  supervision  of  the  bureau  of  internal  revenue. 

Sec.  1522.  Fees  for  sealing  linear  metric  measures. — Fees  for  sealing 
linear  measures  of  the  metric  system  shall  be  as  follows : 

(a)  Measures  not  over  one  and  one-half  meters,  ten  centavos. 

(b)  Measures  over  one  and  one-half  meters,  twenty  centavos. 

697 


698  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  1523.  Fees  for  sealing  English  linear  measures. — Fees  for  sealing 
linear  measures  of  the  English  system,  allowable  only  when  such 
measures  are  to  be  used  in  measuring  manufactured  lumber,  shall 
be  as  follows: 

(a)  Measures  not  over  one  yard,  ten  centavos. 

(b)  Measures  over  one  yard,  twenty  centavos. 

Sec.  1524.  Fees  for  sealing  metric  measures  of  capacity. — Fees  for 
sealing  metric  measures  of  capacity  shall  be  as  follows: 

(a)  For  a  measure  not  over  ten  liters,  twenty  centavos. 

(b)  For  a  measure  over  ten  liters,  thirty  centavos. 

Sec.  1525.  Fees  for  sealing  metric  measures  of  capacity.- — Fees  for  seal- 
ing instruments  for  determining  weight  graduated  solely  in  the 
metric  system  shall  be  as  follows: 

(a)  Those  having  a  capacity  of  over  three  thousand  kilograms, 
three  pesos. 

(b)  Those  having  a  capacity  of  not  over  three  thousand  but  over 
three  hundred  kilograms,  one  peso  and  twenty  centavos. 

(c)  Those  having  a  capacity  of  not  over  three  hundred  but  more 
than  thirty  kilograms,  sixty  centavos. 

(d)  Those  with  a  capacity  not  greater  than  thirty  kilograms, 
thirty  centavos. 

For  an  apothecary  balance  or  other  balance  of  precision  the  charge 
shall  be  doubled. 

With  each  scale  or  balance  a  complete  set  of  weights  for  use  there- 
with shall  be  sealed  free  of  charge.  For  each  extra  weight  she 
charge  shall  be  five  centavos. 

Sec.  1526.  Form  and  duration  of  license  for  use  of  weights  and  meas- 
ures.— The  receipt  for  the  fee  charged  for  the  sealing  of  weights  and 
measures  shall  serve  as  a  license  to  use  such  instrument  for  one  year 
from  the  date  of  sealing,  unless  deterioration  or  damage  occurs  in 
that  period  which  renders  the  weight  or  measure  inaccurate.  Such 
receipt  shall  be  preserved  by  the  owner  and  shall  be  exhibited  on 
demand  of  any  internal-revenue  officer. 

Sec.  1527.  Secondary  standards  preserved  by  provincial  treasurers;  test- 
ing of  same. — For  use  in  the  testing  of  weights  and  measures  in  the 
Provinces,  provincial  treasurers  shall  keep  full  sets  of  secondary 
standards  in  the  provincial  buildings.  The  collector  of  internal 
revenue  shall  be  responsible  for  the  inspection  and  proper  testing  of 
all  provincial  and  municipal  standards  of  weight  and  measure. 

Sec.  1528.  Comparison  of  secondary  and  fundamental  standards. — The 
comparison  of  the  secondary  and  fundamental  standards  shall  be 
made  in  the  bureau  of  science  at  the  instance  of  the  collector  of 
internal  revenue.  When  found  to  be  sufficiently  accurate  the  sec- 
ondary standard  shall  be  distinguished  by  a  label,  tag,  or  seal  and 
shall  be  accompanied  by  a  certificate  showing  the  amount  of  its 
variation  from  the  fundamental  standard.  If  the  variation  is  of 
sufficient  magnitude  to  impair  the  utility  of  the  instrument,  it  shall 
be  destroyed  in  the  bureau  of  science. 

Sec.  1529.  Inspectors  of  weights  and  measures. — Internal-revenue 
agents  shall  inspect  and  test  balances  or  scales,  weights  and  measures, 
and  report  upon  the  condition  thereof  in  the  territory  assigned  to 
them.  It  shall  be  their  duty  to  collect  evidence  of  infringements  of 
the  law  or  of  fraud  in  the  use  of  weights  and  measures  or  of  neglect 


PHILIPPINE   ISLANDS  699 

of  duty  on  the  part  of  any  officer  engaged  in  sealing  weights  and 
measures.  Evidence  so  collected  by  them  shall  be  presented  forth- 
with to  the  collector  of  internal  revenue  and  also  to  the  proper 
prosecuting  officer. 

Sec.  1530.  Sealers  of  weights  and  measures. — The  sealing  and  licens- 
ing of  weights  and  measures  shall  be  the  duty  of  the  provincial 
treasurers  and  their  deputies,  and  for  the  purposes  of  this  law  such 
officers  shall  be  termed  sealers  of  weights  and  measures. 

Sec.  1531.  Destruction  of  defective  instrument  of  weight  or  measure. — 
Any  defective  instrument  of  weight  or  measure  may  be  destroyed  by 
any  inspector  or  sealer  of  weights  and  measures  if  its  defect  is  such 
that  it  can  not  readily  and  securely  be  repaired. 

Sec.  1532.  Testing  of  instruments  used  in  Government  work. — All 
measures  and  instruments  for  determining  weight  used  in  the  Gov- 
ernment work  or  maintained  for  public  use  by  any  Province  or 
municipality  shall  be  tested  and  sealed  free  of  charge. 

Sec.  1533.  Dealer's  permit  to  keep  unsealed  weights  and  measures. — 
Upon  obtaining  written  permission  from  the  collector  of  internal 
revenue  any  dealer  may  keep  instruments  of  weight  and  measure  in 
stock  for  sale  without  sealing,  until  sold  or  used. 

Administrative  Code,  1917,  Vol.  2,  ch.  19,  Art.  Ill,  p.  143. 

Sec.  485.  Disposition  of  fees  for  sealing  weights  and  measures. — The 
proceeds  of  fees  for  the  sealing  and  licensing  of  weights  and  meas- 
ures shall  accrue  equally  to  the  Province  and  municipality  wherein 
collected. 

Administrative  Code,  1917,  Vol.  2,  Art.  XII,  p.  749. 

Sec.  2732  (al917).  Fraudulent  practices  relative  to  weights  and  meas- 
ures.— Any  person  other  than  an  official  sealer  of  weights  and  meas- 
ures who  places  an  official  tag  or  seal  upon  any  instrument  of  weight 
or  measure,  or  attaches  it  thereto,  and  any  person  who  fraudulently 
imitates  any  mark,  stamp,  brand,  tag,  or  other  characteristic  sign 
used  to  indicate  that  weights  and  measures  mentioned  therein  have 
been  officially  sealed;  or  who  alters  in  any  way  the  certificate  given 
by  the  sealer  as  an  acknowledgment  that  the  weights  and  measures 
mentioned  therein  have  been  duly  sealed,  or  who  makes  or  knowingly 
sells  or  uses  any  false  or  counterfeit  stamp,  tag,  certificate,  or  license, 
or  any  die  for  printing  or  making  stamps,  tags,  certificates,  or 
licenses,  which  is  an  imitation  of  or  purports  to  be  a  lawful  stamp, 
tag,  certificate,  or  license  of  the  kind  required  by  the  provisions  of 
the  internal  revenue  law,  or  who  alters  the  written  or  printed  figures 
or  letters  on  any  stamp,  tag,  certificate,  or  license  used  or  issued  or 
who  has  in  his  possession  any  such  false,  counterfeit,  restored  or 
altered  stamp,  tag,  certificate,  or  license  for  the  purpose  of  use  or 
reuse  of  the  same  in  the  payment  of  fees  or  charges  imposed  in  the 
internal  revenue  law,  or  who  procures  the  commission  of  any  such 
offense  by  another,  shall  for  each  such  offense  be  fined  not  less  than 
two  hundred  pesos  nor  more  than  ten  thousand  pesos  and  shall  be 
imprisoned  for  not  less  than  one  month  nor  more  than  five  years,  in 
the  discretion  of  the  court. 

Sec.  2733.  Unlawful  possession  or  use  of  instrument  not  sealed  within 
twelve  months. — Any  person  making  a  practice  of  buying  or  selling 


700  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

goods  by  weight  or  measure,  or  of  furnishing  services  the  value  of 
which  is  estimated  by  weight  or  measure,  who  has  in  his  possession 
without  permit  any  scale,  balance,  weight,  or  measure  which  has 
not  been  officially  sealed  within  twelve  months,  and  any  person  who 
uses  in  any  purchase  or  sale  or  in  estimating  the  value  of  any  service 
furnished  any  such  instrument  that  has  not  been  officially  sealed 
within  the  same  period  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  pesos  or  by  imprisonment  for  not  exceeding  one  year,  or  by 
both,  in  the  discretion  of  the  court ;  but  if  such  scale,  balance,  weight, 
or  measure  so  used  has  been  officially  sealed  at  some  previous  time 
and  the  seal  and  tag  officially  affixed  thereto  remain  intact  and  in 
the  same  position  and  condition  in  which  they  were  placed  by  the 
official  sealer,  and  the  instrument  is  found  not  to  have  been  altered 
or  rendered  inaccurate  but  still  to  be  sufficiently  accurate  to  war- 
rant its  being  sealed  without  repairs  or  alteration  such  instrument 
shall,  if  presented  for  sealing  promptly  on  demand  of  any  author- 
ized sealer  or  inspector  of  weights  and  measures,  be  sealed,  and  the 
owner,  possessor,  or  user  of  same  shall  be  subject  to  no  penalty 
except  a  surcharge  equal  to  five  times  the  regular  fee  fixed  by  law 
for  the  sealing  of  an  instrument  of  its  class,  this  surcharge  to  be 
collected  and  accounted  for  by  the  same  official  and  in  the  same 
manner  as  the  regular  fees  for  sealing  such  instruments. 

Sec.  2734.  Alteration  or  fraudulent  use  of  instrument  of  weight  or 
measure. — Any  person  who  with  fraudulent  intent  alters  any  scale  or 
balance,  weight,  or  measure  after  it  is  officially  sealed,  or  who  know- 
ingly uses  any  false  scale  or  balance,  weight  or  measure,  whether 
sealed  or  not,  shall  be  punished  by  a  fine  of  not  less  than  two  hun- 
dred pesos  nor  more  than  four  thousand  pesos  or  by  imprisonment 
for  not  less  than  three  months  nor  more  than  two  years,  or  both. 

Any  person  who  fraudulently  gives  short  weight  or  measure  in 
the  making  of  a  sale,  or  who  fraudulently  takes  excessive  weight  or 
measure  in  the  making  of  a  purchase,  or  who,  assuming  to  determine 
truly  the  weight  or  measure  of  any  article  bought  or  sold  by  weight 
or  measure,  fraudulently  misrepresents  the  weight  or  measure  there- 
of, shall  be  punished  by  a  fine  of  not  less  than  fifty  pesos  nor  more 
than  two  thousand  pesos  or  by  imprisonment  for  not  less  than  three 
months  nor  more  than  two  years,  or  both. 

Sec.  2735.  Payment  of  informers. — Any  person,  except  an  internal- 
revenue  agent  or  officer  or  other  public  official  engaged  in  sealing  or 
inspecting  weights  and  measures  who  voluntarily  gives  information 
leading  to  the  arrest  and  conviction  of  anyone  violating  the  provi- 
sions of  the  internal  revenue  law  relative  to  weights  and  measures 
shall  be  rewarded  in  the  sum  of  twenty  pesos  or  in  the  sum  of  one 
hundred  pesos  if  the  person  convicted  is  a  public  officer  or  employee 
concerned  with  the  sealing  or  inspecting  of  weights  and  measures. 
The  informer  shall  be  ascertained  and  stated  in  the  judgment  of  the 
court  and  the  reward  paid  shall  be  a  charge  against  the  funds  of  the 
province  in  which  the  arrest  and  conviction  is  had  and  the  munici- 
pality concerned,  in  the  proportion  in  which  the  weights  and  meas- 
ures fees  accrue  to  each,  but  to  prevent  delay  in  payment  the  prov- 
ince shall  initially  pay  the  entire  amount  and  subsequently  secure 
reimbursement  of  the  municipality's  share. 


PHILIPPINE   ISLANDS  701 

Administrative  Code,  1917,  Vol.  2,  Art.  XVII,  p.  292. 

Sec.  1116  (al917).  When  article  deemed  to  be  misbranded. — *  *  * 
For  the  purposes  hereof  an  article  shall  also  be  deemed  to  be  mis- 
branded:    *    *    * 

(b)  In  the  case  of  food:     *     *     * 

Thirdly.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count ;  but  reasonable  varia- 
tions shall  be  permitted,  and  tolerances  and  also  exemptions  as  to 
small  packages  shall  be  established  by  proper  regulations. 

Administrative  Code,  1917,  Vol.  2,  Art.  VIII,  p.  397. 

Sec.  1509  (al917).  Measuring  of  forest  products  and  collection  of 
charges  thereon. — The  duties  incident  to  the  measuring  of  forest  prod- 
ucts and  the  collection  of  the  charges  thereon  shall  be  discharged  by 
the  bureau  of  internal  revenue,  under  the  regulations  of  said  bureau. 

Employees  of  the  bureau  of  forestry  may  be  deputized  by  the 
collector  of  internal  revenue  for  the  performance  of  duties  incident 
to  the  measuring  and  invoicing  of  forest  products  when  the  direc- 
tor of  forestry  deems  such  course  advisable  for  the  protection  of 
the  forest  revenues  and  is  willing  to  supply  the  services  of  such 
employees  at  the  expense  of  the  bureau  of  forestry. 

Sec.  1510.  Mode  of  measuring  timber. — Except  as  hereinbelow  pro- 
vided, all  timber  shall  be  measured  and  manifested  in  the  round  or 
squared,  before  being  sawn  or  manufactured.  The  volume  of  all 
round  timber  shall  be  ascertained  by  multiplying  the  area  of  the 
small  end  by  the  length  of  the  log,  the  diameter  of  the  log  to  be 
measured  exclusive  of  the  bark ;  but  if  the  end  of  a  log  is  irregular, 
the  average  diameter  shall  be  used,  and  in  order  to  ascertain  the 
volume  of  a  log  more  than  eight  meters  long,  the  diameter  of  the 
middle  of  said  log,  or  the  average  of  the  diameters  at  both  ends 
thereof  shall  be  used  as  basis.  If  a  log  in  the  round,  cut  under 
license,  is  measured  and  manifested  by  forest  officers,  the  director 
of  forestry  shall  make  due  allowance  for  rot,  cavities,  or  other 
natural  defects;  but  from  any  decision  of  the  director  of  forestry  in 
this  respect,  an  appeal  shall  lie  to  his  department  head,  whose  de- 
cision shall  be  final.  The  manifest  of  timber  cut  by  licensees  oper- 
ating sawmills  in  or  near  the  forest  shall  be  attested  by  forest  officers 
whenever  practicable. 

Licensees  with  sawmills  may  measure  their  timber  or  cause  or 
allow  the  same  to  be  measured  after  it  is  sawn,  provided  they  pay 
for  each  thousand  board  feet  of  lumber  of  the  first  and  second  groups 
a  sum  of  not  less  than  ten  pesos,  and  of  the  other  groups  of  not  less 
than  five  pesos,  as  forestry  charges,  in  the  discretion  of  the  director 
of  forestry  and  after  agreement  with  the  same,  with  the  approval  of 
his  department  head.  These  agreements  shall  be  for  one  year,  but 
shall  be  subject  to  renewal. 

The  volume  of  squared  timber  shall  be  ascertained  by  multiply- 
ing the  average  of  the  cross  section  measured  by  the  length,  to  which 
twenty-five  per  centum  shall  be  added  for  loss  in  squaring.  The 
privilege  of  manifesting  timber  after  squaring  shall,  however,  be 
granted  only  to  licensees  who  have  squared  their  logs  in  the  forest 
with  the  ax  and  intend  to  take  it  to  the  market  in  this  form. 


PORTO  RICO 

Laws,  1913-14,  Act.  135,  p.  100. 

Sec.  1,  as  amended  by  Laws,  1919,  Act.  4,  p.  104.  Metric  system  and 
imperial  system;  contracts,  how  construed. — That  the  metric  system  of 
weights  and  measures,  and  the  imperial  system  customarily  used  in 
the  United  States  in  so  far  as  the  same  are  described  by  this  act,  are 
hereby  recognized  and  established  in  Porto  Rico  for  use  in  all  in- 
dustrial and  commercial  transactions  as  hereinafter  defined  in  sec- 
tion 16  of  this  act,  and  except  as  hereinafter  expressly  authorized; 
and  it  shall  be  unlawful  in  any  of  said  transactions  to  use  any  other 
systems,  or  to  use  any  units  of  weight  or  measure  not  recognized  and 
established  as  a  part  of  the  said  systems:  Provided,  however,  That 
no  contract  or  agreement,  entered  into  prior  to  the  approval  of  this 
act,  which  contains  a  description  of  or  reference  to  weights  or  meas- 
ures not  authorized  by  this  act,  shall  be  vitiated  by  reason  of  such  an 
unauthorized  description  or  reference. 

Sec.  2.  Units  of  measure. — In  the  metric  system  the  standard  meter 
is  the  unit  of  measure  of  length  and  surface  from  which  all  other 
measures  of  extension,  whether  lineal,  superficial  or  solid,  are  de- 
rived and  ascertained.  The  meter  is  divided  into  ten  equal  parts 
called  decimeters,  into  one  hundred  equal  parts  called  centimeters, 
and  into  one  thousand  equal  parts  called  millimeters.  The  dekameter 
contains  ten  meters,  the  hectometer  one  hundred  meters,  the  kilometer 
one  thousand  meters,  and  the  myriameter  ten  thousand  meters. 

Sec.  3.  Liter  is  unit  for  liquids. — In  the  metric  system  the  standard 
liter  is  the  unit  of  measure  for  liquids  from  which  all  other  measures 
of  liquids  are  derived  and  ascertained,  and  is  equal  to  one  cubic  deci- 
meter. The  liter  is  divided  into  ten  equal  parts  called  deciliters,  into 
one  hundred  equal  parts  called  centiliters,  and  into  one  thousand 
equal  parts  called  milliliters.  The  dekaliter  contains  ten  liters,  the 
hectoliter  one  hundred  liters,  and  the  kiloliter  one  thousand  liters. 

Sec.  4,  as  amended  by  Laws,  1913-14,  Act  No.  3,  p.  134.  Cubic  meter  is 
unit  for  cubic  measure;  hectare  for  land  measure. — In  the  metric  sys- 
tem the  unit  of  cubic  measure  or  volume  is  the  standard  cubic 
meter,  this  being  a  cube  whose  edges  are  each  one  meter  in  length. 
The  cubic  meter  contains  one  thousand  cubic  decimeters,  the  cubic 
decimeter  one  thousand  cubic  centimeters,  and  the  cubic  centimeter 
one  thousand  cubic  millimeters. 

The  hectare  for  land  measure  contains  ten  thousand  square  meters ; 
the  are  contains  one  hundred  square  meters  and  the  centare  one 
square  meter.  In  land  measurements  and  records  the  measurement  by 
cuerda  customarily  used  in  Porto  Rico,  which  shall  be  equivalent  to 
3,930.395625  square  meters,  may  also  be  used.  All  land  measure- 
ments shall  be  based  upon  horizontal  extension. 

Sec.  5.  Gram  is  unit  of  weight. — In  the  metric  system  the  standard 
gram  is  the  unit  or  standard  of  weight  from  which  all  other  weights 
are  derived  and  ascertained  and  is  equal  to  the  weight  in  a  vacuum 

702 


POETO  RICO  703 

of  one  cubic  centimeter  of  pure  water  at  its  maximum  density.  The 
gram  is  divided  into  ten  equal  parts  called  decigrams,  into  one  hun- 
dred equal  parts  called  centigrams,  and  into  one  thousand  equal  parts 
called  milligrams.  The  dekagram  contains  ten  grams,  the  hectogram 
one  hundred  grams,  the  kilogram  one  thousand  grams,  the  myria- 
gram  ten  thousand  grams,  the  quintal  one  hundred  thousand  grams 
and  the  millier  or  tonneau  one  million  grams. 

Sec.  6.  Yard  is  unit  of  length  in  imperial  system. — In  the  imperial 
system  the  standard  yard  is  the  unit  of  measure  of  length  and  sur- 
face from  which  all  other  measures  of  extension,  whether  lineal, 
superficial  or  solid,  are  derived  and  ascertained.  The  yard  contains 
0.914402  meters.  The  yard  is  divided  into  three  equal  parts  called 
feet,  and  each  foot  into  twelve  equal  parts  called  inches. 

Sec.  7,  as  amended  by  Laws,  1917,  Act  No.  37,  p.  204.  Gallon  is  stand- 
ard of  capacity  in  American  system. — In  the  American  system  the 
standard  gallon  is  the  unit  of  standard  measure  of  capacity  for 
liquids  from  which  all  other  measures  of  liquids  are  derived  and 
ascertained.  The  gallon  is  equal  to  3.78543  liters.  The  American 
gallon  is  divided  into  four  equal  parts  called  quarts,  each  quart  into 
two  equal  parts  called  pints,  and  each  pint  into  four  equal  parts 
called  gills. 

Sec.  8.  Pound  is  unit  of  weight  in  imperial  system. — In  the  imperial 
system  the  unit  or  standard  of  weight,  from  which  all  other  weights 
are  derived  and  ascertained,  is  the  imperial  pound,  equal  to  0.45359 
kilograms.  The  imperial  pound  is  divided  into  sixteen  equal  parts 
called  ounces ;  the  hundredweight  consists  of  one  hundred  pounds,  the 
short  ton  of  twenty  hundred  pounds,  and  the  gross  or  long  ton  of 
2,240  pounds. 

Sec.  9.  Official  standards;  set  to  be  furnished  each  municipal  district. — 
A  full  set  of  said  weights  and  measures  shall  be  kept  in  the  office 
of  the  secretary  of  Porto  Rico  as  the  official  standards,  and  said 
official  shall  furnish  such  test  sets  thereof  as  may  be  required  for 
the  enforcement  of  this  act  to  the  alcalde  and  to  each  district  chief 
or  other  police  officer  in  command  in  each  municipal  district  of  the 
island  to  be  kept  in  their  custody. 

Sec.  10.  Secretary  to  enforce  act;  and  to  prescribe  rules  and  regula- 
tions; testing  and  sending  of  apparatus;  may  be  condemned  and  seized, 
when. — That  the  secretary  of  Porto  Rico  shall  be  charged  with  the 
duty  of  supervising  the  enforcement  of  this  act.  He  shall  prescribe 
rules  and  regulations  not  inconsistent  therewith,  providing  for  the 
periodical  inspection,  examination,  testing  and  regulating,  and  seal- 
ing, marking  or  approving  when  correct  of  all  weights  and  meas- 
ures, scales,  beams,  steelyards,  or  other  instruments,  apparatus  or 
appliances,  used  or  adapted  for  use  in  ascertaining  weight  or  meas- 
ure in  any  industrial  or  commercial  transaction,  and  for  the  per- 
formance of  such  other  duties  as  may,  in  his  judgment,  be  required 
for  the  enforcement  of  this  act;  and  in  accordance  with  such  rules 
and  regulations  all  alcaldes,  or  their  authorized  agents,  prior  to  the 
first  day  of  January,  1914,  shall  examine,  test,  regulate  or  cause  to 
be  examined,  tested,  or  regulated,  and  when  correct  shall  seal,  mark, 
or  approve  or  shall  cause  to  be  sealed,  marked,  or  approved,  all 
such  weights  or  measures,  scales,  beams,  steelyards,  or  other  instru- 

517—27 45 


704  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

ments,  apparatus,  or  appliances  used,  or  adapted  for  use  in  ascertain- 
ing weight  or  measure  in  any  industrial  or  commercial  transaction, 
within  their  respective  municipal  districts.  In  the  event  of  any 
alcalde  failing  to  comply  with  the  duty  hereinbefore  specified,  or 
failing  to  cause  the  same  to  be  complied  with,  said  duty  shall  be  per- 
formed under  the  direction  of  the  secretary  of  Porto  Rico  prior  to 
February  1,  1914.  If,  after  the  first  day  of  February,  1914,  any 
weight  or  measure,  scale,  beam,  steelyard,  or  other  instrument,  ap- 
paratus or  appliance,  used  or  adapted  for  use  in  ascertaining  weight 
or  measure  in  any  industrial  or  commercial  transaction  has  not  been 
sealed,  marked,  or  otherwise  approved  as  required  by  this  act  and  the 
regulations  prescribed  thereunder,  or  does  not  conform  to  the  stand- 
ards herein  prescribed,  any  alcalde,  police  officer,  or  other  duly 
authorized  person  to  whose  attention  such  delinquency  shall  come 
shall  forthwith  seize  the  same  and  shall  file  complaint  in  a  court  of 
competent  jurisdiction  against  the  owner,  or  user  thereof  and 
against  all  other  persons  guilty  of  any  violation  of  this  act  in  con- 
nection therewith.  The  seized  article  or  articles  shall  be  held  as 
evidence  and  in  the  event  of  a  conviction  of  the  owner  or  user  there- 
of or  of  any  other  person  guilty  of  any  violation  of  this  act  in  con- 
nection therewith,  the  same  shall  be  forfeited  to  the  people  of  Porto 
Rico  and  shall  be  disposed  of  as  directed  by  the  secretary  of  Porto 
Rico.  Any  weight,  measure,  scale,  beam,  steelyard,  or  other  in- 
strument, apparatus,  or  appliance  used,  or  adapted  for  use,  in  ascer- 
taining weight  or  measure  in  any  industrial  or  commercial  trans- 
action, which  shall  at  any  time  be  found  to  register  or  indicate  or 
show  a  false  or  short  weight  or  measure,  shall  be  seized  and  dis- 
posed of  in  the  same  manner. 

Sec.  11.  Duty  of  alcalde  regarding  testing  and  sealing. — That  after 
February  1,  1914,  upon  the  request  of  any  person  owning  or  using 
any  weight,  measure,  scale,  beam,  steelyard,  or  other  instrument, 
apparatus  or  appliance  used,  or  adapted  for  use,  in  ascertaining 
weight  or  measure  in  any  industrial  or  commercial  transaction,  the 
alcalde  of  the  municipal  district  in  which  the  same  is  located,  shall 
examine,  test,  regulate,  and  when  correct  seal,  mark  or  approve  the 
same  in  accordance  with  the  regulations  prescribed  under  this  act, 
or  cause  the  same  to  be  done ;  and  if  any  alcalde  fails  to  perform  this 
duty  within  fifteen  days  after  the  receipt  of  any  such  request,  said 
duty  shall  be  performed  under  the  direction  of  the  secretary  of 
Porto  Rico  upon  application  filed  with  him. 

Sec.  12.  Use  of  unsealed  apparatus  prohibited. — That  from  and  after 
the  first  day  of  February,  1914,  no  weight,  measure,  scale,  beam, 
steelyard,  or  other  instrument,  apparatus  or  appliance  for  ascer- 
taining weight  or  measure,  shall  be  used  in  any  industrial  or  com- 
mercial transaction  until  the  same  has  been  inspected,  tested  and 
sealed,  or  otherwise  marked  as  provided  in  this  act :  Provided,  That 
if  the  marking  or  sealing  of  any  such  instrument,  apparatus,  or  ap- 
pliance is  not  practicable  or  would  be  injurious  or  destructive  thereto, 
such  marking  or  sealing  may  be  omitted  and  the  approval  thei'eof 
indicated  in  such  manner  as  shall  be  prescribed  by  the  regulations 
provided  for  in  this  act. 

Sec.  13.  Apparatus  to  be  exhibited,  when. — It  shall  be  the  duty  of 
.  every  person,  when  called  upon,  to  exhibit  to  any  authorized  person 


POKTO  RICO  705 

all  weights,  measures,  scales,  beams,  balances,  steelyards  or  other 
instruments,  apparatus  or  appliances  used  or  intended  to  be  used 
or  adapted  for  use  in  ascertaining  weight  or  measure  in  any  indus- 
trial or  commercial  transaction,  and  to  permit  the  said  person  to 
examine,  test,  regulate,  and  seal  or  mark  the  same. 

Sec.  14.  Apparatus  not  conforming  to  standards,  prohibited. — No  per- 
son shall  use,  cause  or  permit  to  be  used,  any  weight  or  measure, 
scale,  beam,  balance,  steelyard,  or  other  instrument,  apparatus  or 
appliance  in  ascertaining  weight  or  measure  in  any  industrial  or 
commercial  transaction,  which  does  not  conform  to  the  standard 
weights  and  measures  prescribed  by  this  act,  and  no  person  shall 
use,  cause  or  permit  to  be  used  in  any  industrial  or  commercial 
transaction,  any  scale,  beam,  steelyard,  or  other  instrument,  appara- 
tus or  appliance  for  ascertaining  weight  or  measure  which  registers, 
shows  or  indicates  a  false  weight  or  measure. 

Sec.  15,  as  amended  by  laws,  1917,  Act  No.  37,  p.  204.  Using  or  giving 
of  false  weight  or  measure  prohibited. — No  person  shall  give  or  permit 
to  be  given  any  false  or  short  weight  or  measure  in  the  purchase, 
sale  or  transfer  of  any  goods,  wares  or  merchandise,  and  no  person 
shall  use,  or  permit  to  be  used,  any  false  weight  or  measure,  in  any 
industrial  or  commercial  transaction  as  a  basis  for  compensation 
in  the  purchase,  sale,  transfer  or  transportation  of  any  goods,  wares 
or  merchandise. 

Sec.  16,  as  amended  by  Laws,  1919,  Act.  4,  p.  104.  Transactions  in- 
volving weights  or  measure,  how  conducted;  proviso. — All  transactions 
involving  the  purchase,  sale,  transfer  or  transportation  of  any  prop- 
erty or  of  any  goods,  wares  or  merchandise,  or  the  purchase  or  sale 
of  any  work,  task  or  service  the  value  of  which  is  computed  by  the 
use  of  measures  of  weight  or  any  other  measure  except  that  of  time, 
shall  be  conducted  in  accordance  with  the  weights  and  measures 
authorized  by  this  act :  Provided,  That  the  purchase  and  sale  of  such 
goods,  wares  and  merchandise,  as  are  usually  or  customarily  sold  or 
dealt  in  by  the  article,  piece  or  number,  shall  not  constitute  a  viola- 
tion of  this  act,  nor  the  use  of  the  measure  known  as  "  cuerda  "  when 
the  same  is  employed  in  agricultural  job  work. 

Sec.  17,  as  amended  by  Laws,  1914,  Act  No.  7,  p.  137.  Net  weight  to  be 
marked ;  variations  or  tolerances. — That  from  and  after  the  first  day  of 
February,  1914,  all  goods,  wares,  or  merchandise  in  boxes,  packages, 
bundles,  or  containers  which  shall  be  the  object  of  industrial  or  com- 
mercial transactions,  shall  have  the  net  weight  or  quantity  thereof 
contained  in  said  boxes,  packages,  bundles,  or  containers  plainly 
marked  upon  the  outside  of  such  boxes,  packages,  bundles,  or  con- 
tainers, and  it  shall  be  unlawful  to  keep  for  the  purpose  of  sale,  offer 
or  expose  for  sale  or  sell  any  such  goods,  wares  or  merchandise 
which  aie  not  so  marked.  Each  sale  of  any  such  goods,  wares  or 
merchandise  not  so  marked  shall  be  deemed  to  be  a  separate  and 
distinct  offense :  Provided,  however,  That  any  such  goods,  wares  or 
merchandise  not  'marked  as  required  above,  which  at  the  time  of 
passage  of  this  act,  are  in  Porto  Rico,  in  the  stock  of  manufacturers 
of,  or  dealers  in,  such  goods,  wares,  or  merchandise,  or  are  already 
shipped  and  on  the  way  to  Porto  Ilico,  may  be  kept  for  the  pur- 
pose of  sale,  offered  or  exposed  for  sale  or  sold  until  September  1, 
1914 :  And  provided  further,  That  the  manner  of  marking  of  boxes, 


706  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

packages,  bundles  or  containers,  and  that  reasonable  variations  or 
tolerances  on  boxes,  packages,  bundles  or  containers  and  also  ex- 
emptions as  to  small  boxes,  packages,  bundles  or  containers,  may  be 
established  by  rules  and  regulations  prescribed  by  the  secretary  of 
Porto  Rico. 

Sec.  18.  Stamping  of  false  weights  or  measure  prohibited. — No  person 
shall  mark  or  stamp,  or  permit  or  cause  to  be  marked  or  stamped, 
any  false  or  short  weight  or  measure,  or  any  false  tare  upon  any 
box,  package,  bundle  or  container  in  which  goods,  wares  or  merchan- 
dise are  packed  or  sold,  or  intended  to  be  sold  or  offered  for  sale. 

Sec.  19.  Altering  or  using  changed  weight  or  measure  prohibited. — 
No  person  shall  change  or  alter,  or  permit  to  be  changed  or  altered, 
or  use  or  permit  to  be  used  after  the  same  has  been  changed  or 
altered,  any  weight,  measure,  scale,  beam,  steelyard  or  other  instru- 
ment, apparatus  or  appliance  for  weighing  or  measuring,  after  the 
same  has  been  officially  examined,  tested  and  regulated  and  sealed, 
marked  or  approved  as  provided  by  this  act  or  the  regulations  pre- 
scribed in  accordance  therewith. 

Sec.  20.  Violation;  penalty. — Any  person  violating  any  of  the  fore- 
going provisions  of  this  act  or  of  the  rules  and  regulations  prescribed 
in  pursuance  thereof  and  any  person  who  as  employer  or  as  an  officer, 
director,  stockholder  or  agent  of  any  corporation,  or  as  a  member  of 
any  firm  or  partnership  or  otherwise  shall  direct,  order,  permit,  or 
consent  to  any  infraction  of  the  foregoing  provisions  of  this  act,  or 
of  the  said  rules  and  regulations,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  by  a  court  of  competent 
jurisdiction,  shall  be  punished  for  the  first  offense,  by  a  maximum 
fine  of  fifty  dollars  or  by  imprisonment  not  to  exceed  fifty  days  and 
for  the  second  offense  by  a  fine  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  and  fifty  dollars,  or  by  imprisonment  for  a  term 
not  to  exceed  ninety  days,  and  for  subsequent  offenses  by  a  fine  of  not 
less  than  two  hundred  dollars  nor  more  than  five  hundred  dollars  and 
by  imprisonment  for  not  more  than  one  year. 

Sec.  21.  Sealing  or  approving  apparatus  not  conforming  to  standards. — 
Any  person  charged  with  the  enforcement  of  this  act  or  the  regula- 
tions thereunder  prescribed  or  responsible  therefor  who  shall  mark, 
seal  or  approve  as  conforming  to  the  standards  established  by  this 
act  any  weight  or  measure,  scale,  beam,  steelyard,  or  other  instru- 
ment, apparatus  or  appliance  used  or  adapted  for  use  in  ascertaining 
weight  or  measure  in  any  industrial  or  commercial  transaction  which 
does  not  so  conform,  or  who  shall  mark,  seal,  or  otherwise  approve 
as  accurate  any  weight  or  measure,  scale,  beam,  steelyard  or  other 
instrument,  apparatus  or  appliance  used  or  adapted  for  use  in  ascer- 
taining weight  or  measure  in  any  industrial  or  commercial  trans- 
action which  indicates,  shows,  or  registers  a  false  weight  or  measure, 
or  who,  having  knowledge  of  or  information  as  to  the  ownership  or 
use  of,  or  other  responsibility  for  any  such  instrument,  apparatus,  or 
appliance,  fails  to  seize  the  same  if  within  his  power  to  do  so,  or 
fails  to  file  appropriate  charges  in  the  proper  court  or  with  the 
fiscal  of  the  district  in  which  the  offense  occurs,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  in  a  court  of 
competent  jurisdiction,  shall  be  punished  by  a  fine  of  not  less  than 
two  hundred  and  fifty  dollars  nor  more  than  one  thousand  dollars 


PORTO  EICO  707 

and  by  imprisonment  for  not  less  than  six  months  nor  more  than 
three  years. 

Sec.  22.  Previous  violations  may  be  submitted  in  evidence,  when. — 
Upon  the  trial  of  any  person  for  the  violation  of  any  provision  of 
this  act  or  of  any  regulation  duly  prescribed  thereunder,  previous 
and  other  violations  of  said  act  or  such  regulations  may  be  proved 
and  received  in  evidence. 

Sec.  23.  Appropriation. — That  there  is  hereby  appropriated,  out  of 
any  funds  in  the  insular  treasury  not  otherwise  appropriated,  the 
sum  of  fifteen  thousand  dollars,  or  such  part  thereof  as  may  be 
necessary,  to  be  expended  under  the  direction  of  the  secretary  of 
Porto  Rico  to  carry  out  the  provisions  of  this  act  and  the  regulations 
prescribed  thereunder. 

Laws,  1917,  Act  No.  13,  p.  128. 

Sec.  1.  Standard  loaf  of  bread. — That  a  loaf  of  bread  weighing  one 
pound  avoirdupois  or  453  grams,  shall  be  the  standard  loaf  of  bread 
in  Porto  Rico. 

Sec.  2.  Other  size  loaves,  how  labeled;  variations  or  tolerances,  how 
established. — That  any  loaf  of  bread  sold  or  offered  for  sale  in  Porto 
Rico,  weighing  more  or  weighing  less  than  the  standard  loaf  of 
one  pound  or  453  grams,  shall  be  labeled  in  plain  and  intelligible 
English  or  Spanish  words  and  figures  with  its  correct  weight  and 
the  name  of  its  manufacturer :  Provided,  That  the  chief  of  the 
bureau  of  weights  and  measures  shall  establish  reasonable  variations 
or  tolerances,  as  to  weight  of  the  loaves  appearing  on  the  labels 
thereof. 

Sec.  3.  Net  weight  label  to  show  price  of  standard  loaf,  when. — That 
whenever  a  loaf  of  bread  is  sold  or  offered  for  sale,  weighing  more 
or  weighing  less  than  one  pound  or  453  grams,  the  net-weight  label 
of  said  loaf  shall  also  indicate  the  price  of  the  standard  loaf  fol- 
lowed by  the  words  "  per  pound,"  and  the  price  of  said  loaf  shall 
be  the  same  proportional  part  of  the  price  of  the  standard  loaf  as  the 
weight  of  the  loaf  in  question  is  of  the  weight  of  the  standard  loaf 
marked  on  the  label :  Provided,  That  the  price  per  loaf  shall  not 
include  any  fractional  part  of  one  cent. 

Sec.  4.  Penalty, — That  any  person,  firm  or  corporation  who  by 
himself  or  by  his  servant  or  agent  violates  any  of  the  foregoing  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
subject  to  the  same  penalties  as  provided  for  in  the  weights  and 
measures  act  in  force  in  Porto  Rico. 

Laws,  1912,  Act  No.  36,  p.  70. 

Sec.  1.  Paint,  denned. — That  the  term  "  paint "  within  the  meaning 
of  this  act  shall  include  all  materials  which  are  designated  for  ap- 
plication to  the  surface  of  wood,  metal,  concrete,  cement  or  plaster 
to  produce  an  ornamental  or  protective  coating. 

Sec.  2.  Containers  of  paint  to  be  marked  with  weight  or  measure. — 
Each  container  of  paint  that  shall  be  sold  or  exposed  or  offered 
for  sale  in  Porto  Rico  shall  show  on  the  outside  thereof  the  name 
and  address  of  the  manufacturer  or  distributor  thereof  or  of 
the  party  for  whom  it  is  manufactured  and  shall  show,  in  the  case 
of  paint  in  paste  or  semipaste  form,  the  net  weight  in  pounds  or 
fraction  thereof,  and  in  the  case  of  liquid  paint,  the  net  measure  of 


708  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

the  contents  in  gallons  or  parts  thereof;  and  no  paint  shall  be 
labeled,  branded,  marked  or  advertised  in  such  manner  as  to  deceive 
or  tend  to  deceive  any  person  as  to  its  nature  or  composition. 

Sec.  3.  Violation;  penalty. — Any  person,  firm  or  corporation  who 
shall  knowingly  violate  the  provisions  of  this  act,  shall  be  liable  to 
a  fine  of  from  one  to  fifty  dollars  for  the  first  offense  and  of  from 
fifty  to  one  hundred  dollars  for  each  subsequent  violation. 

Laws,  1919,  Act  60,  p.  328. 

Sec.  1.  Units  of  electric  measure. — That  the  legal  units  of  electric 
measure  as  defined  and  established  by  the  statutes  of  the  United 
States  are  the  only  units  of  electric  measure  recognized  as  legal 
in  Porto  Rico. 

Sec.  2.  Unit  measure  for  gas. — That  the  standard  of  unit  of  meas- 
ure for  the  sale  of  illuminating  or  heating  gas  by  meter  shall  be  the 
cubic  foot,  containing  sixty-two  and  three  hundred  and  twenty-one 
thousandths  pounds,  avoirdupois  weight,  of  distilled  or  rain  water, 
weighed  in  air,  of  the  temperature  of  sixty-two  degrees  Fahrenheit, 
the  barometer  registering  a  pressure  of  twenty-nine  and  one-half 
inches. 

Sec.  3.  Water,  gas,  and  electric  meters  to  be  furnished  by  corporation; 
meters  to  be  tested,  when.- — That  every  company,  corporation,  asso- 
ciation or  individual  furnishing  gas,  electricity  or  water  for  public 
consumption  on  the  basis  of  measure  shall  provide  the  consumer  with 
a  meter,  free  of  cost  to  the  said  consumer,  and  shall  not  put  in  use 
any  meter  unless  it  has  been  previously  tested  and  found  correct  by 
the  bureau  of  weights  and  measures,  in  which  office  a  complete  regis- 
ter shall  be  kept  of  the  origial  and  subsequent  tests  made  of  each 
meter.  If  so  desired,  the  company  or  person  furnishing  gas,  electric 
current  or  water  may  appoint  a  representative  to  attend  the  test, 
for  which  purpose  notice  in  writing  shall  be  given  by  the  bureau  of 
weights  and  measures  as  to  the  day  and  hour  on  which  said  test  is 
to  be  made. 

Where  the  apparatus  is  found  correct,  the  bureau  of  weights  and 
measures  shall  seal  the  same  and  no  person  shall  remove  or  break 
the  said  seal  without  the  authorization  of  the  said  bureau. 

Sec.  4.  Meters  in  use,  to  be  tested  by  bureau. — Meters  in  actual  use 
shall  be  tested  and  sealed  by  the  bureau  of  weights  and  measures  as 
the  needs  of  the  service  may  permit,  and  such  tests  may  be  also 
attended  by  a  representative  of  the  company  or  person  furnishing 
gas,  electric  current  or  water:  Provided,  That  after  this  first  test 
the  bureau  of  weights  and  measures  shall  from  time  to  time  order 
other  tests. 

Sec.  5.  Meters  in  use  may  be  tested  on  petition. — On  written  petition 
of  a  consumer  the  bureau  of  weights  and  measures  may  inspect  and 
test  any  gas,  electric  or  water  meter  which  has  been  installed  or  put 
in  service,  where  it  is  shown  that  the  said  meter  has  registered,  with- 
out apparent  cause  therefor,  an  excess  of  twenty-five  per  cent  or 
more  over  the  normal  monthly  expense  represented  by  the  average 
for  the  last  six  months. 

Sec.  6.  Inspection  service,  how  organized. — That  the  executive  secre- 
tary of  Porto  Rico  is  hereby  authorized  to  organize,  under  the  juris- 
dicetion  of  the  bureau  of  weights  and  measures,  the  inspection  serv- 
ice required  by  this  act.     He  shall  prescribe  and  promulgate  such 


PORTO   RICO  709 

rules  and  regulations  as  in  his  judgment  may  be  necessary  for  the 
execution  of  this  act.  And  he  shall  also  establish  reasonable  speci- 
fications to  which  said  instruments  shall  conform  to  secure  the 
accuracy  of  all  meters  and  appliances  for  measurement. 

Sec.  7.  Officials  to  be  appointed. — That  there  shall  be  appointed  by 
the  executive  secretary  of  Porto  Rico  one  chief  inspector  of  gas, 
electric  and  water  meters,  at  an  annual  salary  of  two  thousand 
dollars,  and  two  assistant  inspectors  at  an  annual  salary  of  fourteen 
hundred  dollars  each,  who  shall  have  charge  of  and  be  responsible 
for  the  technical  part  of  the  service,  under  the  direction  of  the  chief 
of  the  bureau  of  weights  and  measures.  No  person  shall  be  eligible  to 
this  position  unless  he  holds  a  diploma  of  electrician  from  a  recog- 
nized school  of  electricity,  or  otherwise  establishes  the  necessary 
competency  of  his  technical  knowledge.  The  executive  secretary 
shall  also  appoint  a  clerk-stenographer  at  an  annual  salary  of  one 
thousand  dollars,  who  shall  have  charge  of  the  office  work  of  this 
service. 

Sec.  8.  Violation;  penalty. — That  any  person,  firm,  company  or  cor- 
poration which  by  itself  or  by  its  servant  or  agent  violates  the  fore- 
going provisions  of  this  act,  or  of  the  rules  and  regulations  pre- 
scribed in  pursuance  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  by  a  court  of  competent  jurisdiction  shall  be  fined 
not  less  than  twenty  nor  more  than  one  hundred  dollars  for  each 
violation. 

Sec.  9.  Salaries  and  expenses. — That  for  the  purpose  of  the  payment 
of  the  salaries  of  the  inspectors  and  of  the  clerk-stenographer,  and 
for  the  purchase  of  the  necessary  apparatus  and  laboratory  equip- 
ment, as  well  for  traveling  expenses  and  per  diems  of  the  inspectors, 
and  for  the  transportation  of  equipment,  apparatus,  etc.,  and  for  any 
other  expenses  in  connection  with  this  service,  a  sufficient  appropria- 
tion shall  be  made  in  the  regular  budget  for  each  fiscal  year. 

Penal  Code,  1911. 

Sec.  5928  (al908).  Fraudulently  increasing  weight  or  measure;  pen- 
alty.— *  *  *  Every  person  who  in  putting  up  in  any  bale,  bag, 
box,  barrel  or  other  package  any  sugar,  tobacco,  coffee,  rice,  or  other 
goods,  usually  sold  in  bales,  bags,  boxes,  barrels  or  other  packages, 
by  weight  or  otherwise,  puts  in  or  conceals  therein  any  extraneous 
substance  whatever  for  the  purpose  of  fraudulently  increasing  the 
weight  or  measurement  of  such  bale,  bag,  box,  barrel  or  other  package 
with  intent  thereby  to  sell  the  goods  therein,  or  to  enable  another  to 
sell  the  same,  for  more  than  the  actual  weight  or  measurement  of 
such  goods,  is  punishable  by  fine  not  less  than  twenty-five  dollars 
for  such  offense,  or  confined  in  jail  for  not  less  than  thirty  days 
or  by  both  fine  and  imprisonment  in  the  discretion  of  the  court. 

Laws,  1923,  Act  No.  37,  p.  246. 

Sec.  2.  Feeds  for  domestic  animals;  weights  to  be  marked. — Every  per- 
son, manufacturer,  importer,  warehouseman,  or  person  handling 
concentrated  feeds  for  domestic  animals  in  Porto  Rico,  before  sell- 
ing or  offering  for  sale  in  Porto  Rico  any  concentrated  feed  for  do- 
mestic animals,  shall  stamp  or  affix  to  each  container  the  distinctive 
brand  of  the  product  therein  contained,  the  weight  of  the  package, 
the  name  and  address  of  the  manufacturer,     *     *     * 


RHODE  ISLAND 

Gen.  Laws,  1923,  ch.  221,  p.  862. 

Sec.  1  (1893).  Standard  of  weights,  measures,  and  balances  established. — 
The  weights,  measures  and  balances  received  from  the  United 
States,  and  now  in  the  custody  of  the  State  sealer,  and  such  new 
weights,  measures  and  balances  as  shall  be  received  from  the  United 
States  as  standard  weights,  measures  and  balances  in  addition  thereto 
or  in  renewal  thereof,  shall  be  the  authorized  standards  by  which 
all  town  standards  of  weights  and  measures  shall  be  tried,  proved 
and  sealed. 

Sec.  2  (al901).  State  sealer  of  weights,  measures,  and  balances. — 
There  shall  be  a  State  sealer  of  weights,  measures,  and  balances,  who 
shall  be  sworn  to  the  faithful  performance  of  his  duty.  At  the 
January  session  of  the  general  assembly  in  the  year  A.  D.  1926,  and 
in  each  fifth  year  thereafter,  the  governor,  with  the  advice  and 
consent  of  the  senate,  shall  appoint  some  person  to  succeed  the  per- 
son then  holding  such  office;  and  the  person  so  appointed  shall  hold 
his  office  until  the  first  day  of  February  in  the  fifth  year  after  his 
appointment.  Any  vacancy  which  may  occur  in  said  office  when  the 
senate  is  not  in  session  shall  be  filled  by  the  governor  until  the  next 
session  thereof,  when  he  shall,  with  the  advice  and  consent  of  the 
senate,  appoint  some  person  to  fill  such  vacancy  for  the  remainder 
of  the  term. 

Sec.  3  (1893).  Duties  of  the  State  sealer. — The  State  sealer  shall 
have  the  exclusive  custody  and  control  of  the  standards  so  received 
by  the  State  from  the  United  States,  which  standards  shall  be  kept 
in  a  suitable  fire  proof  place  to  be  provided  by  the  State.  He  shall 
have  the  oversight  of  all  the  standards  furnished  by  the  State  to 
the  various  towns  and  cities,  and  shall  keep  a  complete  list  of  the 
same  and  shall  see  that  they  are  kept  in  good  order  and  repair.  He 
shall  also  keep  the  standards  belonging  to  the  State,  furnished  by 
the  United  States,  in  perfect  order,  and  shall  keep  a  complete  list  of 
the  same,  and  shall  take  a  receipt  for  the  same  from  his  successor  in 
office.  His  office  shall  be  kept  open  at  least  two  specified  days  in  each 
week  He  shall  try,  prove  and  seal  all  town  standards  of  weights, 
measures  and  balances  brought  to  him  for  that  purpose,  the  com- 
pensation for  which  is  hereinafter  provided. 

Sec.  4.  Set  of  standards  for  towns,  when  and  how  furnished;  towns 
and  cities  to  be  furnished  standards. — The  State  sealer  shall  furnish  a 
set  of  standards  of  weights,  measures  and  balances,  at  such  cost  as 
he  he  may  deem  proper,  to  each  city  or  town  that  in  his  judgment 
shall  not  have  a  suitable  set,  the  same  to  be  paid  for  by  the  State 
on  the  order  of  the  State  auditor  on  the  general  treasurer,  the  said 
Bet  to  consist  as  follows:  one  even  balance  of  the  capacity  not  less 
than  one  hundred  pounds ;  one  brass  yard-gauge ;  five  iron  dry  meas- 
ures, one  each  of  the  following  capacities :  one-half  bushel,  one  peck, 

710 


RHODE   ISLAND  711 

one-half  peck,  two  quarts,  and  one  quart;  six  iron  wine  measures, 
one  each  of  the  following  capacities :  one  gallon,  one-half  gallon, 
one  quart,  one  pint,  one-half  pint,  and  one  gill;  five  iron  ring 
weights,  avoirdupois  standard,  one  each  as  follows:  fifty  pounds, 
twenty-five  pounds,  twenty  pounds,  ten  pounds,  and  five  pounds; 
ten  brass  weights,  avoirdupois  standard,  one  each  as  follows:  four 
pounds,  two  pounds,  one  pound,  eight  ounces,  four  ounces,  one' ounce, 
one-half  ounce,  one-quarter  ounce,  one-eighth  ounce,  one-sixteenth 
ounce;  together  with  a  suitable  case  or  cabinet  to  contain  the  same. 
He  shall  also  furnish  each  town  and  city,  at  the  expense  of  the  said 
town  or  city,  a  portable  even-balance  scale,  with  a  set  of  weights 
and  measures,  to  be  used  by  the  said  town  or  city  sealers  in  the  dis- 
charge of  their  duties  as  hereinafter  provided. 

Sec.  5.  Inspection  by  the  State  sealer;  record  and  report  thereof. — 
The  State  sealer  may,  in  the  discharge  of  his  duties,  inspect  the 
weights,  measures  and  balances  of  any  person  or  persons,  which 
are  used  for  selling  any  goods,  wares,  merchandise  or  other  com- 
modities, or  for  public  weighing  in  any  town  or  city  in  this  State, 
and  if  he  finds  the  same  to  be  inaccurate  he  shall  forthwith  inform 
the  mayor  of  the  city  or  the  president  of  the  town  council,  as  the 
case  may  be,  and  such  mayor  or  president  shall  at  once  call  the 
attention  of  the  town  or  city  sealer  thereto.  The  State  sealer  shall 
keep  a  record  in  detail  of  the  towns  and  cities  visited  by  him  in  the 
performance  of  his  duties;  of  the  weights,  measures  and  balances 
tested  and  sealed  by  him;  and  he  shall  annually,  during  the  first 
week  in  December,  make  a  report  to  the  governor  of  his  doings  for 
the  year. 

Sec.  6.  Town  sealer  to  send  inventory  annually  to  State  sealer. — The 
sealers  of  the  different  towns  and  cities  shall  make  an  inventory  of 
weights,  measures  and  balances  furnished  by  the  State  and  the 
condition  of  the  same,  on  a  blank  prepared  for  that  purpose,  in  the 
month  of  October  of  each  year,  and  shall  forward  the  same  to  the 
State  sealer  of  weights  and  measures. 

Sec.  7.  Deputy  town  sealers. — The  different  town  councils  of  the 
several  towns,  and  the  boards  of  aldermen  of  cities,  may  appoint, 
upon  recommendation  of  their  respective  town  or  city  sealers,  one 
or  more  persons  as  deputy  sealers  of  their  town  or  city,  who  shall 
assist  the  said  town  or  city  sealer  and,  in  the  absence  from  duty  of 
such  town  or  city  sealer,  shall  perform  all  the  duties  of  town  or  city 
sealer  as  may  be  required  of  them  for  the  time  being. 

Sec.  8.  Town  sealer  to  take  charge  of  the  weights,  measures,  and  bal- 
ances furnished  by  the  State. — Every  town  or  city  sealer  shall,  at  the 
expense  of  his  town  or  city,  provide  therein  a  suitable  place  for 
the  safe  keeping  and  preservation  of  the  weights,  measures  and  bal- 
ances furnished  by  the  State,  which  shall  be  used  only  as  standards, 
and  shall  not  be  taken  from  the  office.  He  shall  have  the  care  and 
oversight  thereof;  shall  see  that  they  are  kept  in  good  order  and 
repair;  and  if  any  portion  of  them  are  lost,  damaged,  or  destroyed, 
shall,  at  the  expense  of  the  town  or  city,  replace  the  same  by  simi- 
lar weights,  measures  or  balances.  He  shall  procure,  at  the  expense 
of  his  town  or  city,  a  suitable  set  of  sealing-stamps  for  stamping 
dry  and  wine  measures,  with  the  date  of  the  year  thereon,  and,  for 
coal  and  wood  baskets,  a  branding-iron,  with  letters  not  less  than 
one-half  inch  high  and  the  date  of  the  year  thereon. 


712  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  9.  Penalty  for  neglect. — Every  town  or  city  sealer  who  neglects 
to  provide  a  suitable  place  for  keeping  such  weights,  measures  and 
balances,  or  suffers  any  of  them  through  his  neglect  to  be  lost,  dam- 
aged or  destroyed,  shall  be  fined  the  sum  of  not  less  than  twenty 
nor  more  than  fifty  dollars. 

Sec.  10.  Town  standards  are  to  be  adjusted  triennially  by  the  State 
sealer.— Every  town  or  city  sealer  shall,  once  at  least  in  every  three 
years,  have  the  standard  weights,  measures  and  balances  in  his 
custody  tried,  adjusted  and  sealed  by  the  State  sealer,  who  shall 
receive  as  compensation  therefor  the  sum  of  fifteen  dollars,  which 
sum,  together  with  the  necessary  expenses  incurred  by  him  in  so 
performing  such  service,  shall  be  paid  by  the  town  or  city  to  which 
such  set  of  standards  belongs. 

Sec.  11.  Town  sealer  to  advertise  annual  sealing  of  weights,  etc.,  used 
in  trade;  annual  sealing. — Every  town  or  city  sealer  shall  annually, 
at  the  expense  of  his  town  or  city,  advertise  or  post  up  notifications 
in  public  places  in  different  parts  of  his  town  or  city,  for  every 
person  engaged  in  the  trade  of  buying  and  selling,  or  as  a  public 
weigher,  who  uses  weights  and  measures,  to  bring  in  within  a  cer- 
tain time,  in  each  notification  limited,  being  not  less  than  one  month 
from  the  date  of  such  notification,  his  weights,  measures,  balances 
and  scales  to  be  adjusted  and  sealed,  and  he  shall  forthwith  adjust 
and  seal  all  weights  and  measures  brought  to  him  for  that  purpose. 

Sec.  12  (al899).  Sealer  to  seal  weights,  measures,  scales,  and  bal- 
ances.— After  the  expiration  of  the  time  limited  in  the  notification 
which  is  required  to  be  given  in  the  preceding  section,  the  sealer 
of  weights  and  measures  in  every  town  or  city  shall  visit  the  places 
of  business,  and  enter  upon  the  carts,  wagons,  and  other  vehicles 
then  in  use  for  business,  of  all  the  persons  engaged  in  the  trade  of 
buying  and  selling  or  of  selling,  who  have  weights,  measures  or 
balances  which  have  not  been  sealed  during  the  current  calendar 
year,  and  try,  adjust,  and  seal  the  same.  He  shall  go  at  least  once 
in  every  six  months  to  every  hay-scale,  coal-scale,  wagon-scale,  rail- 
road-track-scale, or  platform  scale  or  balance  used  in  the  trade  of 
buying  and  selling  or  of  selling  or  for  public  weighing,  in  his  town 
or  city,  which  is  not  brought  to  him  under  the  provisions  of  the 
preceding  section,  and  try,  adjust,  and  seal  the  same. 

Sec.  13  (1893).  Penalty  of  town  sealer  for  neglect  of  duty. — For 
every  neglect  of  duty  prescribed  in  the  next  preceding  section  the 
town  or  city  sealer  shall  be  fined  a  sum  not  exceeding  twenty  dollars ; 
and  every  town  or  city  sealer  who  shall  seal  any  weight,  measure  or 
balance  otherwise  than  according  to  the  town  or  city  standard,  duly 
tried,  proved  and  sealed  by  the  State  sealer,  shall  be  fined  not  ex- 
ceeding fifty  dollars  nor  less  than  twenty-five  dollars. 

Sec.  14  (al896).  Fees  of  town  and  city  sealers;  penalty;  salary. — 
The  sealer  of  weights  and  measures,  in  any  town  or  city,  shall  re- 
ceive a  fee  of  three  cents  for  every  weight,  wine  or  dry  measure, 
sealed  by  him  at  his  office;  he  shall  receive  a  fee  of  five  cents  for 
every  yard-stick  or  yard-measure  sealed  by  him;  and  for  sealing 
every  spring-balance  of  a  capacity  less  than  one  hundred  pounds 
he  shall  receive  a  fee  of  twenty-five  cents;  for  every  spring-balance 
of  a  capacity  of  one  hundred  and  less  than  five  hundred  pounds, 
fifty  cents;  for  every  platform-scale  of  a  capacity  of  five  thousand 


RHODE  ISLAND  713 

pounds  or  more,  one  dollar;  for  every  balance  of  a  capacity  of  less 
than  five  thousand  pounds,  fifty  cents;  for  every  steelyard  of  a 
capacity  of  fifty  pounds  or  less,  twenty-five  cents ;  and  for  every  steel- 
yard of  a  capacity  over  fifty  pounds,  fifty  cents;  every  scale  or  bal- 
ance used  for  weighing  people  shall  be  tested,  and  if  found  correct 
shall  be  sealed,  by  the  said  sealer,  and  he  shall  receive  a  fee  of  fifty 
cents  for  each  and  every  scale  or  balance  so  sealed.  If  any  of  the  said 
scales  or  balances  are  found  to  be  incorrect,  then  they  shall  be  con- 
demned and  their  use  forbidden  as  hereinbefore  provided.  For  prov- 
ing and  sealing  coal  and  wood  baskets  he  shall  receive  a  fee  of  fifteen 
cents  each,  and  for  every  charcoal-basket  so  sealed,  twenty  cents;  he 
shall  also  have  a  reasonable  compensation  for  all  repairs,  alterations, 
and  adjustments  which  it  may  be  necessary  for  him  to  make,  made  by 
him,  and  for  the  expenses  incurred  in  visting  any  place,  as  provided 
for  in  section  twelve  of  this  chapter.  Such  fees  and  compensation 
shall  be  paid  to  said  sealer  by  the  person  owning  or  using  the 
weights,  measures  or  balances  so  adjusted  and  sealed.  Every  person 
violating  the  provisions  of  this  section  shall  be  fined  not  exceeding 
twenty  dollars  for  each  offense,  one-half  thereof  to  go  to  the  town 
or  city  and  one-half  to  the  complainant.  All  said  fees  received  by 
any  sealer  of  weights  and  measures  of  any  town  or  city  shall  be  re- 
tained by  him  as  compensation  for  his  services  except  as  hereinafter 
provided.  Any  town  or  city  council  may  at  any  time  by  ordinance 
fix  an  annual  salary  for  the  sealer  of  weights  and  measures  of  such 
town  or  city,  and  in  such  case  said  fees  received  by  him  shall  be  paid 
over  by  him  to  the  town  or  city  treasurer,  at  the  time  or  times  pre- 
scribed by  any  ord" nance  of  such  town  or  city. 

Sec.  15  (1893).  Unlawful  weights,  etc.,  are  prohibited  and  may  be 
seized;  duty  of  sealers. — No  person  engaged  in  the  trade  of  buying 
and  selling  shall  have  or  permit  to  be  kept  at  his  place  of  business 
or  upon  any  cart,  wagon  or  other  vehicle  used  by  him  in  carrying 
on  his  business,  any  weight,  measure  or  balance  of  whatever  descrip- 
tion which  is  not  at  the  time  duly  sealed  in  accordance  with  this 
chapter,  or  which,  having  been  sealed,  is  no  longer  correct.  If  such 
weights,  measures  or  balances  can  be  readily  adjusted  by  such  means 
as  the  sealer  has  at  hand,  he  may  adjust  and  seal  them;  but  if  they 
cannot  be  readily  adjusted,  he  shall  either  seize  such  weights,  meas- 
ures and  balances  forthwith  and  destroy  them,  or  shall  affix  to  the 
same  a  notice  forbidding  their  use  until  he  is  satisfied  that  they  have 
been  so  adjusted  as  to  conform  to  the  standards;  and  whoever 
removes  said  notice  without  the  consent  of  the  officer  affixing  the 
same,  shall  for  each  offense  be  fined  not  less  than  twenty  nor  more 
than  fifty  dollars,  one-half  to  the  town  or  city  and  one-half  to  the 
use  of  the  complainant. 

Sec.  18  (al902).  Penalty  for  use  of  weights  not  sealed,  and  for  altering 
weights,  etc.,  after  same  have  been  sealed;  penalties. — Every  person 
engaged  in  the  trade  of  buying  and  selling,  or  of  selling,  or  as  a 
public  weigher,  who  shall  use  or  permit  to  be  used  for  him,  or  have 
in  his  possession  at  his  place  of  business,  or  upon  any  cart,  wagon, 
or  other  vehicle  which  is  used  by  him  in  carrying  on  his  business, 
or  upon  his  person  while  engaged  in  his  business,  any  weight,  meas- 
ure, balance,  or  scale  of  whatever  description,  unless  such  weight, 
measure,  balance,  or  scale  shall  have  been  duly  sealed  in  conformity 


714  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

with  the  provisions  of  this  chapter,  and  every  such  person  who  alters 
any  weight,  measure,  balance,  or  scale  after  it  has  been  duly  sealed, 
so  that  it  does  not  conform  to  the  United  States  standard,  or  has 
in  his  possession  any  such  weight,  measure,  balance  or  scale,  which 
has  been  so  altered,  and  every  such  person  who  shall  use  or  permit 
to  be  used  for  him,  or  have  in  his  possession,  as  aforesaid,  any  weight, 
measure,  balance,  or  scale  which  he  has  refused  to  allow  to  be  exam- 
ined or  sealed  by  the  sealer  of  weights  and  measures,  or  deputy 
sealer,  according  to  the  provisions  of  this  chapter,  or  who  shall 
use  or  permit  to  be  used  for  him,  or  have  in  his  possession  any  spring- 
balance  having  a  sliding  or  adjustable  face-plate  or  index,  or  any 
measure  not  made  of  the  shape  or  dimensions  required  by  law, 
shall  be  fined  the  sum  of  twenty  dollars  for  each  offense,  one-half 
thereof  to  the  use  of  the  town  or  city  in  which  the  offense  shall  have 
been  committed,  and  one-half  thereof  to  the  complainant. 

Sec.  17  (1912).  Penalty  for  fraudulent  sale  by  weight  or  measure. — 
Whoever,  himself  or  by  his  servant  or  agent  or  as  the  servant  or 
agent  of  another  person,  is  guilty  of  giving  false  or  insumcent 
weight  or  measure  shall  for  a  first  offense  be  punished  by  a  fine  of 
not  more  than  fifty  dollars,  for  a  second  offense  by  a  fine  of  not 
more  than  two  hundred  dollars,  and  for  a  subsequent  offense  by  a 
fine  of  fifty  dollars  and  by  imprisonment  for  not  less  than  thirty 
nor  more  than  ninety  days. 

Sec.  18.  Hay  scales  and  platform  balances. — Every  person  who  shall 
keep  hay-scales  or  platform-balances  for  public  use  shall  cause  the 
same  to  be  tried  and  sealed  at  least  once  in  six  months  by  a  sworn 
sealer  of  weights  and  measures. 

Sec.  19.  Penalty  for  using1  same  if  not  sealed. — Every  person  who 
shall  keep  hay-scales  or  platform-balances  for  public  use,  or  shall 
weigh  or  suffer  to  be  weighed  in  such'  scales  or  balances  any  article 
of  merchandise,  unless  such  scales  or  balances  shall  have  been  tried 
and  sealed  as  provided  in  the  preceding  section,  shall  be  fined  one 
hundred  dollars. 

Sec.  20.  Who  to  seal  same,  if  the  office  of  sealer  is  vacant. — When- 
ever the  owner  or  keeper  of  such  hay-scales  or  balances  shall  apply 
to  the  mayor  of  the  city  or  president  of  the  town  council,  as  the  case 
may  be,  or  to  any  person  by  him  appointed  for  the  purpose  in  any 
town  or  city  in  which  the  office  of  sealer  of  weights  and  measures 
shall  from  any  cause  be  vacant,  to  try  such  scales  or  balances,  and 
to  seal  the  same  if  found  correct,  such  mayor,  president  or  persons 
so  appointed  shall  try  such  scales  or  balances  and  seal  the  same  if 
found  correct;  and  in  case  of  his  neglect  so  to  do,  such  owner  or 
keeper  shall  be  exempt  from  the  fine  prescribed  in  the  next  preceding 
section. 

Sec.  21  (al899).  Weighers  of  coal  and  other  merchandise,  how  ap- 
pointed; their  duties. — The  town  councils  of  the  several  towns  and 
the  boards  of  aldermen  of  any  city  shall  appoint  one  or  more  persons 
to  be  weighers  of  coal  and  other  articles  of  merchandise,  who  shall 
be  sworn  and  be  removable  at  the  pleasure  of  the  town  council  or 
board  of  aldermen  appointing  them,  and  shall  receive  such  fees 
as  may  be  fixed  by  the  town  council  or  board  of  aldermen  of  the 
several  towns  or  cities,  which  shall  be  paid  by  the  seller:  Provided, 
That  no  person  shall  act  as  a  public  weigher  of  coal  or  other  mer- 


RHODE   ISLAND 


715 


chandise  of  which  he  is  either  the  buyer  or  seller,  or  in  the  sale 
whereof  he  has  any  interest. 

Sec.  22.  Penalty  for  selling  of  coal  or  other  merchandise  unweighed, 
when. — Every  person  who  shall  sell  coal  or  other  merchandise  with- 
out its  being  first  weighed  by  a  weigher  provided  for  in  section 
twenty-one  of  this  chapter,  when  the  same  shall  be  demanded  by  the 
purchaser,  and  procuring  a  certificate  of  such  weight  for  the  pur- 
chaser, shall  be  fined  twenty  dollars  for  each  offence. 

Sec.  25  (al900).  Legal  weight  of  certain  commodities;  weight  of 
bushel;  barrel;  net  ton;  gross  ton. — The  legal  weights  of  certain  com- 
modities in  the  State  of  Rhode  Island  shall  be  as  follows:  A 
bushel  of * — 

Pounds 

Apples 48 

Apples,  dried 25 

Apple  seed 40 

Barley 48 

Beans 60 

Beans,  castor 46 

Beets 50 

Bran 20 

Buckwheat 48 

Carrots 50 

Charcoal 20 

Clover  seed 60 

Coal 80 

Coke 40 

Corn,  shelled 56 

Corn,  in  the  ear 70 

Corn  meal 50 

Cottonseed,  upland 30 

Cottonseed,  sea-island 44 

Flaxseed 56 

Hemp 44 

Hungarian  seed 50 

Lime 70     A  ton  of  coal,  gross 2,240 

Sec.  26  (1899).  Sealers  shall  be  ex-officio  constables;  may  arrest  with- 
out warrant. — The  State  sealer  of  weights  and  measures  and  the  city 
and  town  sealers  of  weights  and  measures  in  the  various  cities  and 
towns  throughout  the  State,  shall  be,  by  virtue  of  their  respective 
offices,  special  constables,  and  as  such  they  shall  have  power  to 
prosecute  all  persons  violating  the  provisions  of  this  chapter,  and 
shall  not  be  required  in  such  prosecutions  to  furnish  any  surety  for 
costs.  They  shall  also  have  power  to  arrest  upon  view  without 
warrant  and  to  detain  for  a  period  of  not  more  than  twelve  hours 
any  person  found  violating  any  of  the  provisions  of  this  chapter. 

Sec.  27  (1916).  Legal  bushel  box  for  farm  products. — A  box  which 
shall  measure  on  the  inside  thereof  seventeen  and  one-half  inches  by 
seventeen  and  one-half  inches  in  length  and  width,  and  which  on  the 
inside  thereof  shall  measure  seven  and  one-sixteenth  inches  in  depth, 
measured  from  the  highest  part  of  the  bottom  thereof,  is  hereby  de- 
clared to  be  a  legal  bushel  box  for  the  sale  of  farm  produce.  A  box 
which  shall  measure  on  the  inside  thereof  thirteen  by  thirteen  inches 
in  length  and  width  and  which  on  the  inside  thereof  shall  measure 


Malt 

Millet  seed 

Oats 

Onions 

Parsnips 

Peaches 

Peaches,  dried 

Peas 

Peas,  split 

Potatoes 

Potatoes,  sweet 

Rye 

Rye  meal 

Salt,  fine 

Salt,  coarse 

Timothy  seed 

Shorts 

Tomatoes 

Turnips 

Wheat 

A  barrel  of  flour  shall  contain. 
A  ton  of  coal,  net 


Pounds 
38 
50 
32 
50 
50 
48 
33 
60 
60 
60 
54 
56 
50 
50 
70 
45 
20 
56 
50 
60 
196 
2,000 


1  In  the  original  act  the  words  "  a  bushel  of "  appeared  before  the  name  of  each 
article;  the  words  "shall  Weigh  "  appeared  after  the  name  of  the  article,  and  the  word 
"  pounds  "  appeared  immediately  after  the  figures  of  weight  in  each  case.  The  arrange- 
ment adopted  here  is  for  convenience  in  printing. 


716  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

six  and  one-sixteenth  inches  in  depth,  measured  from  the  highest 
part  of  the  bottom  thereof,  is  hereby  declared  to  be  a  legal  half- 
bushel  box  for  the  sale  of  farm  produce.  All  bushel  boxes  of  the  di- 
mensions specified  by  this  section  shall  be  marked  in  letters  not  less 
than  one  inch  in  height  with  the  words  "  Standard  bushel  for  farm 
produce."  All  half-bushel  boxes  of  the  dimensions  specified  by  this 
section  shall  be  marked  in  letters  not  less  than  one  inch  in  height 
with  the  words  "  Standard  half -bushel  for  farm  produce." 

Sec.  28  (1922).  Gasoline-measuring  devices  to  be  tested;  town  or  city 
sealer  may  condemn  measuring  device  until  tried  and  sealed  or  properly 
equipped;  fee  for  testing. — The.  State  sealer  of  weights,  measures,  and 
balances  is  hereby  authorized  and  directed  to  have  tested  all  gaso- 
line-measuring devices  used  in  the  sale  of  gasoline,  from  time  to 
time  as  in  his  judgment  it  may  be  deemed  necessary,  to  prevent  fraud 
or  deception  in  the  use  of  such  devices  or  to  insure  the  accurate 
measurement  of  gasoline  in  such  sale.  Any  town  or  city  sealer  of 
weights,  measures,  and  balances  shall  have  authority  to  condemn  and 
forbid  the  use  of  any  gasoline-measuring  device  for  the  sale  of  gaso- 
line in  his  respective  town  or  city,  or  until  such  device  has  been  duly 
tried  and  sealed,  or  until  such  gasoline-measuring  device  has  been 
equipped  with  such  attachment,  contrivance  or  apparatus  as  will 
insure  the  correct  and  proper  functioning  of  such  measuring  device 
for  the  sale  of  said  gasoline  by  accurate  measurement.  For  the 
testing  and  sealing  of  a  gasoline-measuring  device  a  fee  of  fifty  cents 
shall  be  paid. 

Sec.  29.  Five-gallon  measure,  properly  tested,  to  be  kept  for  use  at 
each  garage  or  gasoline  station;  measure  to  be  used  upon  request. — Any 
person,  firm  or  corporation  selling  or  vending  gasoline  from  a  gaso- 
line station,  so  called,  or  from  a  garage,  shall  keep  for  use  at  such 
gasoline  station  or  garage  a  five-gallon  measure  which  has  been 
properly  tested  and  sealed  by  the  sealer  of  weights,  measures,  and 
balances  of  the  town  or  city  in  which  the  gasoline  station  or  garage 
is  located.  Upon  the  request  of  any  purchaser  of  gasoline,  the  per- 
son selling  such  gasoline  shall,  in  the  presence  of  the  purchaser,  use 
such  gasoline  measure  in  the  sale  of  such  gasoline. 

Sec.  30.  Five-gallon  measure,  properly  tested,  to  be  used  when  seal  of 
gasoline  measuring  device  is  broken. — Whenever  it  becomes  necessary 
in  the  repairing  of  any  gasoline  measuring  device  to  break  the  seal 
of  said  gasoline  measuring  device,  it  shall  be  the  duty  of  every  per- 
son, firm  or  corporation  selling  or  vending  gasoline  at  a  gasoline 
station  or  garage  to  use  a  five-gallon  measure  which  has  been  prop- 
erly tested  and  sealed,  until  such  time  as  the  said  gasoline  measuring 
device  shall  have  been  repaired  and  properly  tested  and  sealed  by 
the  sealer  of  weights,  measures,  and  balances  of  the  town  or  city  in 
which  the  gasoline  station  or  garage  is  located. 

Sec.  31.  State  sealer  to  furnish  a  five-gallon  measure  to  each  town  or 
city  sealer;  measure  to  be  used  exclusively  for  testing  and  sealing. — The 
State  sealer  of  weights,  measures,  and  balances  shall  furnish  to  the 
sealer  of  weights,  measures,  and  balances  of  each  town  and  city  one 
five-gallon  liquid  measure,  to  be  paid  for  by  the  respective  town  or 
city.  Each  measure  before  being  used  for  the  purpose  described  in 
this  and  the  two  preceding  sections  shall  be  tested  and  sealed  by  the 
State  sealer  of  weights,  measures,  and  balances  to  have  a  capacity 


RHODE   ISLAND  717 

of  five  gallons  liquid  measure  according  to  the  United  States  stand- 
ard. Such  measure  after  being  so  tested  and  sealed  shall  be  used 
exclusively  for  the  purpose  of  testing  and  sealing  all  measuring  de- 
vices used  in  the  sale  of  gasoline. 

Sec.  32.  Penalty  for  use  of  gasoline-measuring  device  when  untested 
and  unsealed,  etc. — Every  person  who  shall  use  or  cause  to  be  used 
any  gasoline  measuring  device  without  first  having  the  same  tested 
and  sealed  by  the  town  or  city  sealer  of  weights,  measures,  and  bal- 
ances wherein  the  said  gasoline  measuring  device  is  located,  and 
every  person  who  shall  use  or  cause  to  be  used  any  gasoline  measur- 
ing device  after  the  same  has  been  condemned  by  any  town  or  city 
sealer  of  weights,  measures,  and  balances  and  before  the  same  has 
been  again  tested  and  sealed  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  be  fined  not  exceeding  fifty  dollars  for  each  offense. 

Public  Laws,  1923,  ch.  2388,  p.  181. 

Sec.  1.  Coal  or  coke,  how  to  be  sold;  ton. — All  coal  or  coke  shall  be 
sold  by  weight  and  except  when  sold  by  the  cargo  or  carload,  two 
thousand  pounds  avoirdupois  shall  be  the  standard  for  the  ton.  Coal 
and  coke  in  quantities  of  less  than  one  hundred  pounds  per  unit  shall 
be  sold  in  bags,  baskets  or  other  vessels  or  receptacles;  said  bags, 
baskets,  vessels  or  receptacles  shall  be  plainly  marked  in  solid  letters, 
at  least  one  inch  in  height,  stating  thereon  the  weight  of  coal  or 
coke  therein  Contained,  the  name  of  the  dealer  putting  up  the  same, 
together  with  the  size  and  kind;  that  is,  in  the  case  of  coal,  whether 
anthracite  or  bituminous,  and  if  anthracite  or  coke,  whether  egg, 
stove,  chestnut,  range,  pea,  buckwheat  or  smaller  sizes,  or  any  com- 
bination of  the  aforesaid  sizes  of  anthracite,  the  sizes  and  quantities 
of  each  contained  in  said  combination  shall  be  stated :  Provided, 
however,  That  coal  or  coke  shall  not  be  sold  in  bags,  baskets,  vessels 
or  other  receptacles  in  units  of  less  than  eighteen  pounds.  A  state- 
ment signed  by  the  seller  or  seller's  agent  setting  forth  the  seller's 
name,  the  business  address  of  the  seller  or  the  seller's  agent,  the 
name  and  address  of  the  purchaser,  the  date  of  delivery  and  the  kind, 
size  and  weight  of  said  coal  or  coke,  shall  accompany  the  delivery 
of  any  anthracite  or  coke  sold  to  consumers  in  the  State  of  Rhode 
Island  in  quantities  in  excess  of  one  hundred  pounds  and  shall  be 
given  to  the  purchaser  or  purchaser's  agent  upon  delivery  of  such 
anthracite  or  coke. 

Sec.  2.  Anthracite  to  be  of  what  quality. — All  anthracite  sold  or 
distributed  to  domestic  consumers  in  this  State  shall  be  of  the  same 
preparation  and  quality  as  fresh  mined  merchantable  coal,  as  de- 
termined by  the  commissioner  of  labor,  hereinafter  termed  the  com- 
missioner. 

Sec.  3.  Commissioner  of  labor  or  his  agents  may  inspect  coal,  and  pro- 
hibit sale  or  distribution. — The  commissioner  by  himself  or  by  his 
authorized  agents  may  enter  each  place  where  coal  is  stored  or  kept 
for  sale  and  each  railroad  train  or  car  or  any  vehicle  used  for  its 
conveyance  and  may  inspect  said  coal  or  take  therefrom  fair  and 
proper  samples  for  analysis  or  inspection,  one-half  of  said  sample 
to  be  retained  by  the  owner  or  owner's  agent.  Said  commissioner 
may  cause  any  sample  taken  to  be  analyzed,  inspected  or  otherwise 
satisfactorily  tested  and  shall  record  and  preserve  as  evidence  the 


718  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

results  thereof.  If,  in  the  opinion  of  said  commissioner,  upon  in- 
spection, analysis  or  satisfactory  test,  said  coal  is  not  of  a  mer- 
chantable quality,  said  commissioner  may  prohibit  the  sale  or  dis- 
tribution of  such  coal  and  cause  the  same  to  be  disposed  of  as  may 
be  directed  by  him. 

Sec.  4.  License  for  sale  of  coal  or  coke  to  be  obtained;  licensee  to  fur- 
nish evidence  of  possession  of  facilities;  wagon  to  be  marked  and  license 
displayed. — Except  as  herein  otherwise  provided,  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  physically  handle  coal  or  coke 
for  sale  without  first  obtaining  a  license  for  such  purpose  from  the 
commissioner.  Every  licensee  shall  furnish  the  commissioner  with 
satisfactory  evidence  of  the  possession  of  pr'oper  facilities  for  weigh- 
ing and  distributing  coal  or  coke.  Every  wagon  or  other  vehicle 
used  by  a  licensee  in  the  sale  or  delivery  of  coal  or  coke  shall  be 
marked  in  such  manner  as  the  commissioner  may  require  and  each 
licensee  shall  display  his  license  in  a  conspicuous  manner  at  his 
place  of  business. 

Sec.  5.  Class  of  licenses. — There  shall  be  two  classes  of  said  licenses, 
as  follows :  First  class — Authorizing  the  licensee  or  his  servants  or 
agents  to  sell  and  deliver  or  distribute  coal  or  coke  in  any  quantities 
in  any  part  of  the  State  at  wholesale  or  retail.  The  fee  for  each 
license  of  the  first  class  shall  be  ten  dollars.  Second  class — Author- 
izing the  licensee  or  his  servants  or  agents  to  sell  and  deliver  or  dis- 
tribute coal  or  coke  in  less  than  one  hundred  pound  units,  at  whole- 
sale or  retail,  and  to  deliver  the  same  in  any  city  or  town  for  which 
he  is  licensed.  The  fee  for  each  license  of  the  second  class  shall  be 
two  dollars  for  each  city  or  town  for  which  such  license  is  issued : 
Provided,  however,  That  any  retail  dealer  in  coal  or  coke  put  up  in 
bags,  baskets,  vessels  or  other  receptacles,  upon  approval  of  the  com- 
missioner, may  sell  and  deliver  or  distribute  such  coal  or  coke  in  more 
than  one  city  or  town  from  one  fixed  place  of  business. 

Sec.  6.  Record  of  licenses  to  be  kept ;  to  be  open  to  public  inspection. — 
The  commissioner  shall  keep  a  record  of  all  licenses  granted  by  him 
under  the  provisions  of  this  act  with  the  number  of  each,  the  name, 
residence,  and  business  address  of  the  licensee,  and  the  cities  and 
towns  for  which  such  licenses  are  issued.  Such  records  shall  be  open 
at  any  time  to  public  inspection.  Each  license  shall  bear  the  date  of 
the  day  upon  which  it  is  issued,  shall  continue  in  force  for  one  year 
from  that  date  unless  revoked  by  the  commissioner,  and  may  be 
renewed  on  payment  of  the  prescribed  fee. 

Sec.  7.  License  may  be  suspended  or  revoked. — Any  license  issued 
under  the  provisions  of  this  act  may  be  suspended  or  revoked  at  any 
time  by  the  superior  court,  after  due  hearing,  upon  complaint  in 
such  form  as  it  may  require,  for  using  or  giving  false  or  insufficient 
weight,  or  for  any  other  just  or  sufficient  reason. 

Sec.  8.  Commissioner  may  make  rules  and  regulations. — The  commis- 
sioner may  make  such  rules  and  regulations  as  may  be  necessary  to 
carry  out  the  provisions  of  this  act,  and  may  employ  an  inspector  and 
such  office  assistants  as  may  be  necessary  for  the  enforcement  of  this 
act,  and  all  moneys  received  by  him  under  the  provisions  of  this  act 
shall  be  turned  over  to  the  general  treasurer  for  the  use  of  the  State. 

Sec.  9.  Penalties. — Whoever  violates  any  provision  of  section  four 
of  this  act,  or  whoever  refuses  or  fails  to  comply  with  any  request  for 


RHODE  ISLAND  719 

information  desired  by  the  commissioner  for  the  purpose  of  carry- 
ing out  the  provisions  of  this  act,  or  gives  a  false  answer  to  any  such 
request  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars; 
and  whoever  is  guilty  of  fraud  or  deceit  in  the  weighing,  selling  or 
delivering  of  coal  or  coke,  or  whoever  wilfully,  by  himself  or  his 
servant,  agent  or  employee  sells  or  delivers  or  distributes  coal  or 
coke  which  does  not  comply  with  sections  one  and  two  of  this  act, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or 
more  than  one  thousand  dollars  and  whoever  is  convicted  of  a  second 
offense  shall  be  punished  by  imprisonment  not  exceeding  thirty  days. 
The  commissioner  shall  cause  this  act  to  be  enforced  and  said  com- 
misioner  shall  not  be  required  to  enter  into  any  recognizance  or  to 
give  surety  for  costs  in  any  proceedings  under  this  act. 

Sec.  10.  Appeal  by  person  aggrieved. — Any  seller  of  coal  or  coke, 
aggrieved  by  any  provisions  of  this  act,  may  appeal  therefrom  to 
any  justice  of  the  superior  court,  and  such  appeal  shall  operate  to 
stay  any  such  provisions  until  final  determination  thereon. 

Sec.  11.  Invalidity  of  any  part  of  this  act  not  to  affect  the  remainder. — 
If  any  clause,  sentence,  paragraph  or  part  of  this  act  shall  for  any 
reason  be  adjudged  by  any  court  of  competent  jurisdiction  to  be 
invalid,  such  judgment  shall  not  affect,  impair  or  invalidate  the 
remainder  thereof,  but  shall  be  confined  in  its  operation  to  the  clause, 
sentence,  paragraph  or  part  thereof,  directly  involved  in  the  contro- 
versy in  which  such  judgment  shall  have  been  rendered. 

Sec.  13.  Repeal. — Sections  23  and  24  of  chapter  194  of  the  general 
laws,  as  amended  by  chapter  374  of  the  public  laws,  passed  at  the 
January  session,  A.  D.  1909,  are  hereby  repealed  and  this  act  shall 
take  effect  upon  its  passage. 

Gen.  Laws,  1923,  ch.  168,  p.  725. 

Sec.  6  (al914). — A  drug  or  an  article  of  food,  or  an  article  which 
enters  into  the  composition  of  food,  shall  be  deemed  to  be  mis- 
branded:     *     *     * 

That  for  the  purposes  of  this  chapter  an  article  shall  also  be 
deemed  to  be  misbranded :     *     *     * 

In  the  case  of  food :     *     *     * 

Second.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure  or  numerical  count:  Provided,  however, 
That  reasonable  variations  shall  be  permitted  and  tolerances  and 
also  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  made  in  accordance  with  the  provisions  of  section  12 
of  this  chapter. 

Public  Laws,  1925,  ch.  683,  p.  260. 

Sec.  1.  Superintendent  of  weights  and  measures  for  the  city  of  Provi- 
dence, how  elected;  duties,  etc. — The  city  council  of  the  city  of  Provi- 
dence in  convention  is  hereby  authorized  and  empowered  to  elect  a 
superintendent  of  weights  and  measures,  who  shall  hold  office  ex 
officio  the  offices  of  sealer  of  weights  and  measures,  inspector  of 
kerosene,  city  gauger,  city  weigher,  and  surveyor  of  lumber.  Said 
city  council  may  impose  upon  the  superintendent  of  weights  and 
517—27 46 


720  LAWS  CONCEKNING  WEIGHTS  AND  MEASURES 

measures  such  other  and  further  duties  not  inconsistent  herewith  as 
it  may  deem  proper.  Said  city  council  is  also  authorized  and  em- 
powered to  provide  for  one  or  more  deputies  in  and  for  the  offices 
above  enumerated,  assigning  to  and  distributing  among  any  or  all 
of  such  deputies  in  its  discretion  any  or  all  of  the  powers  and  duties 
vested  in  said  officers. 

Gen.  laws,  1923,  ch.  50,  p.  278. 

Sec.  1°.  Town  officers  to  be  chosen. — The  electors  in  each  town  shall 
annually,  on  their  town  election  days,  choose  and  elect  as  many  town 
officers  as  by  the  laws  of  the  State  are  or  shall  be  required;  that  is 
to  say,  *  *  *  a  town  sealer  of  weights  and  measures,  *  *  * 
one  or  more  corders  of  wood,  one  or  more  packers  of  fish  *  *  * 
one  sealer  of  leather  *  *  *  gaugers  of  casks  and  all  such  other 
officers  as  by  law  are  required  in  such  town  and  as  each  or  any  town 
shall  have  occasion  for,    *     *     * 

Gen.  Laws,  1923,  ch.  51,  p.  282. 

Sec.  19°.  Powers  of  town  council;  assize  of  bread. — They  make  ordi- 
nances, by-laws  and  regulations  for  settling  the  assize  of  baker's 
bread  in  their  respective  towns,  not  contrary  to  the  laws  of  the 
State :  Provided,  That  the  penalty  for  any  breach  of  the  same  shall 
not  exceed  five  dollars,  or  the  forfeiture  of  the  bread  not  made  in 
conformity  thereto. 

Gen.  Laws,  1923,  ch.  394,  p.  1684. 

Sec.  18  (1896).  Falsely  assuming  to  be  a  town  sealer  of  weights  and 
measures. — Every  person  who  shall  falsely  assume  or  pretend  to  be  a 
town  sealer  of  weights  and  measures,  auctioneer,  corder  of  wood  or 
fence-viewer,  and  shall  act  as  such,  shall  be  fined  not  less  than  twenty 
dollars  nor  more  than  one  hundred  dollars. 

Gen.  Laws,  1923,  ch.  222,  p.  871. 

Sec.  1°.  Eules  for  gauging. — All  casks  which  shall  be  gauged  in 
this  State  shall  be  gauged  by  the  method  or  rule  commonly  called 
"  gauging  by  Gunter,"  computing  the  gallon  at  two  hundred  thirty- 
one  cubic  inches.  Care  shall  be  taken  to  ascertain,  as  near  as  may  be 
practicable,  the  true  average  of  the  head  and  bung  diameter,  also  of 
the  internal  length  of  the  cask ;  its  mean  diameter  shall  be  ascertained 
in  accordance  with  the  principles  laid  down  in  the  work  on  the  sub- 
ject of  gauging  by  Daniel  Anthony,  published  in  Providence  in  the 
year  one  thousand  eight  hundred  seventeen. 

Sec.  2.  Fees  for  gauging;  and  casks,  how  branded. — The  fees  for 
gauging  a  single  cask  shall  be  twenty-five  cents,  and  for  gauging 
any  number  of  casks  not  exceeding  ten,  ten  cents  each,  and  for 
any  number  above  ten,  seven  cents  each ;  the  gauger  who  shall  gauge 
any  cask  shall  fairly  mark  with  branding-irons  or  marking-irons 
on  the  head  or  bulge  of  each  cask  the  initials  of  his  name  and  the 
quantity  of  the  gauge  or  capacity  of  such  cask. 

Sec.  3.  Penalty  for  fraudulent  gauging. — Every  person,  not  holding 
the  office  of  gauger,  who  shall  put  upon  any  cask  any  gauge  or  other 
permanent  mark  to  denote  the  capacity  of  such  cask,  or  who  shall 
exercise  the  office  of  gauger  or  business  of  gauging,  shall  forfeit  one 
hundred  dollars  for  each  offense ;  but  nothing  contained  in  this  sec- 


RHODE  ISLAND  721 

tion  shall  be  so  construed  or  held  as  to  apply  to  the  sale  of  petroleum 
or  any  of  its  products  by  weight  or  for  exportation  from  the  State. 

Sec.  4.  Penalty  for  selling  by  unofficial  gauging. — Every  person  who 
shall  sell  any  commodity  by  any  gauge  or  gauge-mark,  which  shall 
not  have  been  made  by  a  gauger  appointed  under  this  chapter,  shall 
forfeit  the  value  of  such  commodity  sold. 

Sec.  5.  Gaugers  in  Providence,  how  appointed. — The  city  council  of 
the  city  of  Providence  may,  whenever  they  deem  it  expedient,  ap- 
point for  said  city  a  gauger,  who  may  appoint  under  him  such 
deputy-gaugers  as  said  city  council  may  approve,  and  for  the  offi- 
cial conduct  of  such  deputies  he  shall  be  answerable.  Said  gaugers 
shall  be  subject  to  such  regulations  as  said  city  council  may  estab- 
lish not  repugnant  to  law. 

Sec.  6.  Sales  by  TT.  S.  gaugers  excepted. — Nothing  in  this  chapter 
shall  be  so  construed  as  to  prevent  the  sale  of  any  commodity  under 
the  lawful  gauge  or  gauge-mark  of  the  United  States  by  the  inspec- 
tor of  such  commodity. 

Gen.  laws,  1923,  ch.  187,  p.  788. 

Sec.  15°.  Weight  of  barrel  of  beef  or  pork. — Two  hundred  pounds 
of  beef  shall  be  considered  and  taken  as  a  barrel  of  beef,  and  two 
hundred  pounds  of  pork  shall  be  considered  and  taken  as  a  barrel  of 
pork. 

Gen.  laws,  1923,  ch.  196,  p.  808. 

Sec.  1°.  Weighers  of  cotton. — Weighers  of  cotton  may  be  annually 
elected  by  the  city  council  of  the  city  of  Providence,  the  representa- 
tive council  of  the  city  of  Newport  and  by  the  town  councils  of  the 
several  towns  respectively. 

Sec.  2.  All  cotton  to  be  weighed. — All  cotton  sold  in  the  State, 
unless  otherwise  specially  agreed,  shall  be  weighed  by  the  weighers 
so  chosen. 

Sec.  3.  Duties  of  weighers. — Such  weighers  shall  correctly  weigh 
and  record  in  a  book  to  be  kept  for  that  purpose  the  weight  of  each 
bale  of  cotton,  with  the  marks  and  numbers  of  the  bales,  and  shall 
mark  upon  every  bale,  in  plain  figures,  the  weight  of  the  same,  and 
shall  make  a  certificate  of  each  lot  of  cotton,  which  certificate  shall 
specify  the  marks,  numbers  and  weight  of  each  bale. 

Sec.  4.  Fees  of  weighers. — Such  certificate  shall  be  given  to  the 
seller  of  the  cotton,  and  the  weigher  shall  be  paid  for  weighing 
and  marking  the  same,  on  the  delivery  of  the  certificate,  eight  cents 
per  bale;  and  for  every  duplicate  certificate  of  not  exceeding  one 
hundred  bales,  fifty  cents,  and  fifty  cents  for  every  additional  one 
hundred  bales. 

Gen.  laws,  1923,  ch.  197,  p.  809. 

Sec.  1°.  Sewing-thread,  how  labeled  or  ticketed. — Every  manufac- 
turer of  sewing-thread  or  person  engaged  in  putting  up  thread  on 
spools  or  in  packages  intended  for  sale  shall,  before  the  same  is 
offered  for  sale,  affix  to  each  spool  or  package  a  label  or  ticket  desig- 
nating the  number  of  yards  of  thread  which  such  spool  or  package 
contains. 

Sec.  2.  Penalty. — Every  such  person  who  shall  purposely  neglect 
to  affix  such  label  to  each  spool  or  package  of  thread  or  shall,  with 


722  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

intent  to  deceive,  affix  or  cause  or  suffer  to  be  affixed  a  label  or  ticket 
to  any  spool  or  package  of  thread  intended  for  sale  specifying  that 
such  spool  or  package  contains  a  greater  number  of  yards  of  thread 
than  such  spool  or  package  contains,  shall  forfeit  the  sum  of  fifty 
dollars  for  each  spool  or  package  so  without  a  label  or  falsely  labeled 
which  shall  be  sold  or  be  delivered  by  him  to  any  person  to  be  sold, 
one-half  thereof  to  the  use  of  the  State  and  one-half  thereof  to  the 
use  of  the  person  who  shall  sue  for  the  same. 

Gen.  Laws,  1923,  ch.  51,  p.  282. 

Sec.  5°.  Powers  of  town  councils;  appointment  of  weighers  of  neat 
cattle. — The  town  councils  of  the  several  towns  and  cities  shall, 
annually,  in  the  month  of  April,  appoint — the  board  of  aldermen  of 
Providence,  not  less  than  six;  of  Newport,  not  less  than  three;  and 
the  town  councils  of  all  other  towns,  not  less  than  two  persons,  for 
the  purpose  of  weighing  neat-cattle  slaughtered  for  sale  in  their 
respective  towns. 

Gen.  Laws,  1923,  ch.  201,  p.  814. 

Sec.  1°.  Weighable  parts  of  neat  cattle. — The  following  parts  of  all 
neat-cattle  purchased  by  the  hundred-weight  or  slaughtered  by  any 
person,  such  person  having  contracted  to  account  for  the  same  to  the 
owner  or  seller  of  the  same,  shall  be  denominated  "  weighable " ; 
namely,  the  whole  of  the  several  four  quarters,  the  hide,  horns  and 
tallow. 

Sec.  2.  Penalty  for  not  so  weighing  and  accounting  for  such  parts. — 
Every  person  slaughtering  or  weighing  any  neat-cattle  and  being 
obliged  to  account  for  the  same  to  the  owner  or  seller  thereof  as 
aforesaid,  who  shall  not  weigh  and  account  for  all  those  parts  of 
such  cattle  denominated  weighable  as  aforesaid,  shall  forfeit  for 
every  offense  twenty  dollars. 

Sec.  3.  Town  weighers. — The  town  weighers  of  neat-cattle  shall 
weigh  all  parts  of  such  cattle  made  weighable  by  section  one  of  this 
chapter,  deducting  therefrom  for  green  weight  not  more  than  two 
pounds  for  every  hundred  pounds  of  the  weight  thereof. 

Sec.  4.  Fees  of  weigher. — The  fees  of  such  weigher  shall  be  twenty- 
five  cents  per  head  for  all  cattle  weighed,  one-half  part  of  which 
shall  be  paid  by  the  seller  and  one-half  part  thereof  by  the  buyer. 

Gen.  Laws,  1923,  ch.  202,  p.  814. 

Sec.  1°.  Butter  tubs  to  be  branded  with  weight,  etc. — Every  person 
who  shall  make  or  bring  into  the  State  any  butter  firkins  or  tubs 
shall  brand  or  mark  each  one  of  the  same  with  the  weight  thereof 
and  with  the  initial  letters  of  his  name,  in  a  plain  and  durable  man- 
ner, before  he  offers  the  same  for  sale. 

Sec.  2.  Sale  without  brand  prohibited. — No  person  shall  offer  for  sale 
any  butter  by  the  firkin  or  tub  unless  each  firkin  and  tub  shall  be 
branded  or  marked  as  aforesaid. 

Sec.  3.  Penalty. — Every  person  who  shall  offer  for  sale  any  butter 
firkin  or  tub  before  the  same  shall  be  marked  or  branded  as  required 
in  section  one  of  this  chapter,  or  any  butter  by  the  firkin  or  tub,  in 
any  firkin  or  tub  not  marked  or  branded  as  aforesaid,  or  in  any 
firkin  or  tub  which  shall  weigh  more  than  the  mark  or  brand  on  it, 
allowing  two  pounds  additional  for  the  brine  absorbed  by  the  same, 


RHODE  ISLAND  •  723 

shall  forfeit  five  dollars,  unless  there  shall  be  a  special  contract  in 
relation  to  the  kind,  quantity  and  quality  of  the  article  sold. 

Sec.  6.  Weight  of  a  bushel  of  potatoes. — In  the  sale  of  potatoes  by 
weight,  the  same  shall  be  estimated  at  and  after  the  rate  of  sixty 
pounds  per  bushel. 

Sec.  7.  Weight  of  a  bushel  of  onions  and  root  crops. — In  the  sale  of 
onions  and  of  all  other  root-crops  by  weight,  the  same  shall  be  esti- 
mated at  and  after  the  rate  of  fifty  pounds  per  bushel. 

Sec.  8.  Nuts,  shelled  beans,  and  berries  to  be  sold  by  dry  measure ;  pen- 
alty.— Nuts  and  shelled  beans  and  all  kinds  of  berries,  whenever  sold 
by  measure  shall  be  sold  by  dry  measure.  And  any  person  who  shall 
sell  any  nuts  or  shelled  beans  or  any  kind  of  berries  by  any  measure 
other  than  dry  measure  shall  be  fined  not  exceeding  twenty  dollars, 
one-half  thereof  to  the  use  of  the  town  or  city  in  which  the  offense 
shall  have  been  committed  and  one-half  thereof  to  the  complainant. 

Sec.  10  (1916). — It  shall  be  the  duty  of  the  board  of  food  and  drug 
commissioners  to  prosecute  any  person,  firm  or  corporation  violating 
any  of  the  provisions  of  this  chapter,  and  any  such  commissioner 
making  such  complaint  shall  not  be  required  to  give  surety  for  the 
payment  of  costs. 

Gen.  laws,  1923,  ch.  203,  p.  817. 

Sec.  1  (al915)-  Milk  to  be  sold  by  standard  wine  measure;  purchaser 
may  have  recourse  to  town  sealer,  when;  State  sealer  may  license  manu- 
facturer to  seal  receptacles,  when;  receptacles,  how  to  be  sealed;  license 
may  be  revoked ;  such  sealing  not  to  authorize  use  as  legal  measures ;  tol- 
erance on  glass  bottles  and  jars. — All  milk,  cream,  and  skimmed  milk 
shall  be  sold  only  by  standard  wine  measure,  and  by  or  in  measures, 
cans,  jars,  bottles,  or  other  vessels  or  receptacles  which  shall,  prior 
to  being  used  in  such  sale,  be  sealed  by  the  manufacturer  thereof 
as  hereinafter  provided,  or  by  the  sealer  of  weights  and  measures 
of  the  town  where  the  person  so  using  the  same  shall  usually  reside 
in  this  State,  or  of  the  town  where  such  milk  shall  be  sold  for  use ; 
and  every  person  selling  any  of  the  same  contrary  to  this  section 
or  delivering  any  of  the  same  sold  contrary  hereto,  shall  be  fined  for 
the  first  offense  not  less  than  twenty  dollars  and  not  exceeding  fifty 
dollars,  and  for  any  subsequent  offense  not  less  than  fifty  dollars, 
or  imprisonment  not  to  exceed  sixty  days  or  both  such  fine  and  im- 
prisonment. Any  purchaser  of  milk,  cream,  or  skimmed  milk,  hav- 
ing reason  to  believe  that  any  measure,  can,  jar,  bottle,  or  other 
vessel  or  receptacle  in  which  milk,  cream,  or  skimmed  milk  is  sold 
and  delivered  to  him  is  not  of  sufficient  size  or  capacity  to  contain, 
by  standard  wine  measure,  the  amount  thereof  purchased,  may  ap- 
ply to  the  sealer  of  weights  and  measures  of  the  town  in  which  such 
milk,  cream  or  skimmed  milk  is  delivered  to  him,  which  sealer  shall, 
upon  receipt  of  a  fee  of  twenty-five  cents  therefor,  test  the  capacity 
of  the  same  and  issue  to  such  purchaser  his  certificate  stating  the 
capacity  thereof;  and  if  such  capacity  according  to  such  certificate 
shall  be  less  than  the  amount  purchased  such  purchaser  may  make 
complaint  and  deliver  such  certificate  to  any  officer  of  such  town 
authorized  to  make  complaints  for  the  violation  of  this  chapter, 
who  thereupon  shall  duly  make  complaint  against  and  prosecute 
the  person  or  persons  selling  or  delivering  the  same,  for  violation 


724  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

of  this  section.  Upon  the  application  of  a  manufacturer  of  a  can, 
jar,  bottle  or  other  vessel  or  receptacle  to  be  used  in  the  sale  of  milk, 
cream  or  skimmed  milk,  the  State  sealer  of  weights,  measures  and 
balances  may  issue  a  license  to  such  manufacturer  to  seal  any  such 
can,  jar,  bottle,  or  other  vessel  or  receptacle  for  use  in  this  State. 
All  such  cans,  jars,  bottles,  or  other  vessels  or  receptacles  shall  be 
sealed  by  the  manufacturer  thereof  in  such  manner  and  in  accord- 
ance with  such  regulations  as  the  State  sealer  of  weights,  measures 
and  balances  may  prescribe  and  shall  be  marked  with  the  name, 
initials,  or  trade-mark  of  the  manufacturer,  and  by  any  other  mark 
which  the  State  sealer  of  weights,  measures  and  balances  may  re- 
quire. The  State  sealer  of  weights,  measures  and  balances  may  re- 
voke any  such  license  at  any  time  after  giving  the  manufacturer 
holding  such  license  ten  days'  notice  of  the  proposed  revocation. 
The  sealing  of  any  such  can,  jar,  bottle,  or  other  vessel  or  receptacle 
by  a  manufacturer  shall  not  authorize  the  use  of  the  same  as  legal 
measures  nor  shall  any  such  sealing  be  held  to  affect  the  provisions 
of  law  relating  to  the  giving  of  false  measure,  or  the  using  of  a 
false  measure,  or  the  having  in  possession  a  false  measure  with  in- 
tent to  use  the  same :  Provided,  however,  That  the  wine  measure  as 
defined  in  this  section  shall  permit  a  variation  of  one-half  an  ounce 
in  the  contents  of  glass  bottles  or  jars. 

Gen.  Laws,  1923,  ck.  206,  p.  831. 

Sec.  1°.  Dimensions  of  a  cord  of  firewood. — All  firewood  offered  for 
sale  by  the  cord  shall  measure  in  quantity  equal  to  a  cord  of  eight 
feet  in  length,  four  feet  in  width  and  four  feet  in  height,  including 
one-half  of  the  kerf  and  be  well  stowed  and  closely  laid  together. 

Sec.  2.  Fees  of  corders  of  wood. — Every  person  chosen  by  a  town  to 
be  a  corder  of  wood  shall  receive  for  cording  and  measuring  not 
exceeding  twelve  cents  per  cord,  to  be  paid  by  the  purchaser  of  such 
wood. 

Sec.  3.  Penalty  for  fraud  in  sale  of  firewood — Every  person  who 
shall  sell  any  firewood  by  the  cord  in  any  quantity  not  well  stowed 
and  closely  laid  together,  or  who  shall  fraudulently  and  falsely 
represent  any  quantity  of  firewood  by  him  offered  for  sale  to  be  a 
greater  quantity,  or  who  shall  sell  the  same  for  a  greater  quantity, 
than  it  shall  actually  measure,  or  who  shall  otherwise  commit  any 
fraud  in  the  sale  thereof,  shall  be  fined  twenty  dollars. 

Sec.  4.  Charcoal  baskets. — Every  basket  used  in  measuring  charcoal 
brought  into  any  town  for  sale  shall  be  of  the  following  dimensions 
to  wit,  nineteen  inches  in  breadth  in  every  part  thereof,  and  seventeen 
and  one-half  inches  deep,  measuring  from  the  highest  part  of  the  bot- 
tom of  the  basket  perpendicularly  to  a  level  with  the  top  of  the 
basket. 

Sec.  5.  Baskets  to  be  sealed;  and  well  heaped. — Every  basket  shall 
be  sealed  by  the  sealer  of  weights  and  measures  of  the  town  where 
the  person  so  using  the  same  shall  usually  reside,  or  of  the  town  where 
such  coal  shall  be  so  measured  for  sale,  and  shall  also  be  well  heaped. 

Sec.  6.  Penalty  for  sale  by  unlawful  baskets. — Every  person  who 
shall  measure  charcoal  offered  for  sale  in  any  basket  of  other  dimen- 
sions than  as  aforesaid,  or  not  sealed  as  aforesaid,  shall  be  fined 
twenty  dollars. 


BHODE  ISLAND  725 

Sec.  7.  Unlawful  baskets  to  be  seized,  and  users  to  be  prosecuted. — The 
town  councils  of  the  several  towns  may  appoint,  as  occasion  may- 
require,  some  suitable  person  or  persons  to  seize  and  secure,  within 
their  respective  towns,  all  baskets  used  for  measuring  coal  that  shall 
not  be  of  the  dimensions  aforesaid,  and  sealed  as  aforesaid,  and  to 
prosecute  every  person  who  shall  be  guilty  of  any  violation  of  any 
of  the  provisions  of  this  chapter;  but  no  person  shall  be  obliged  to 
measure  charcoal,  where  the  quantity  shall  be  agreed  on  by  the  buyer 
and  seller. 

Sec.  8.  Dimensions  of  a  basket  for  sale  of  kindlings;  baskets  to  be 
heaped;  cord  denned. — All  short- wood  or  kindling-wood  sold  by  the 
basket  shall  be  sold  and  delivered  in  baskets  of  the  following  dimen- 
sions, to  wit:  Twenty-one  inches  in  diameter  at  the  top  under  the 
hoop,  thirteen  inches  in  depth,  measured  from  the  highest  part  of  the 
bottom  thereof,  and  seventeen  inches  in  diameter  at  the  bottom.  Sucb 
baskets  in  selling  shall  be  well  heaped;  and  shall  be  sealed  by  the 
sealer  of  weights  and  measures  of  the  town  or  city  where  the  person 
so  using  the  same  shall  reside,  or  of  the  town  or  city  where  such  fire- 
wood shall  be  offered  for  sale.  Forty-eight  baskets  of  said  dimen- 
sions shall  constitute  one  cord  of  sawed  wood. 

Sec.  9.  Penalty  for  sale  by  unlawful  baskets. — Every  person  who 
shall  sell  or  deliver  any  short-wood  or  kindling-wood  in  any  basket 
not  sealed,  or  of  other  dimensions  than  as  provided  in  the  preceding 
section,  shall  be  fined  twenty  dollars. 

Sec.  10.  Unsealed  baskets  to  be  seized  and  unlawful  use  of  prose- 
cuted.— The  town  or  city  sealers  of  the  several  cities  and  towns,  and 
such  persons  as  the  town  councils  of  the  several  towns  may  appoint, 
shall  seize  and  secure  all  baskets  used  for  measuring  coal,  short-wood, 
or  kindling-wood,  that  shall  not  be  sealed,  or  shall  not  be  of  the 
dimensions  provided  by  law,  and  prosecute  every  person  who  shall 
be  guilty  of  any  violation  of  the  provisions  of  the  laws  defining  the 
size  of  such  baskets. 

Sec.  11.  Penalty  for  sealing  an  unlawful  basket. — Every  sealer  of 
weights  and  measures  who  shall  seal  any  basket  not  being  of  the  law- 
ful dimensions,  shall  be  fined  twenty  dollars. 

Gen.  Laws,  1923,  ch.  209,  p.  835. 

Sec.  1°.  Pressed  bay  or  straw  to  be  weighed  and  marked  before  deliv- 
ery, bow. — Before  any  hay  or  straw  pressed  into  bundles  shall  be 
delivered  to  any  purchaser  within  the  State  the  same  shall  be 
weighed  by  some  town  weigher  and  the  tare  for  wood  and  other 
bindings  about  the  said  bundles,  as  nearly  as  the  same  can  be  ascer- 
tained without  unbinding  the  same,  shall  be  deducted  therefrom,  and 
the  gross  weight  of  such  bundle  with  the  tare  ascertained  as  afore- 
said and  the  said  weight  of  the  hay  or  straw  therein  shall,  in  legible 
figures  with  the  initials  of  the  weigher,  be  marked  upon  some  board 
or  wood  attached  to  each  bundle  of  hay  or  straw. 

Sec.  2.  Penalty  for  fraud  in  making  up  bundles  of  hay  or  straw. — 
Every  person  who  shall  put  into  or  conceal  in  any  bundle  of  hay 
or  straw  any  wet  or  damaged  hay  or  other  material  or  hay  of  an 
inferior  quality  to  that  which  plainly  appears  upon  the  outside  of 
such  bundle  or  who  knowingly  offers  for  sale  or  sells  any  bundle  of 
hay  as  merchantable  in  which  there  is  concealed  any  such  wet,  dam- 


726  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

aged  or  inferior  hay  or  other  material  shall  be  deemed  guilty  of  a 
misdemeanor. 

Sec.  3.  Penalty  for  violations  of  this  chapter. — Every  person  violat- 
ing any  of  the  provisions  of  this  chapter  shall  be  fined  twenty  dollars 
and  forfeit  one  hundred  dollars,  one-half  thereof  to  the  use  of  the 
town  and  one-half  thereof  to  the  use  of  the  person  who  shall  sue  for 
the  same.  But  nothing  herein  contained  shall  be  so  construed  as 
to  apply  to  the  sale  of  hay  and  straw  sold  by  the  producer  thereof 
for  consumption  and  not  to  be  resold,  nor  to  prevent  the  purchase  of 
commodities  by  a  standard  weight  expressly  agreed  on  by  the  parties. 

Gen.  Laws,  1923,  ch.  195,  p.  806. 

Sec.  1°.  Measurers,  how  to  be  elected. — The  towns  of  Bristol,  Warren, 
Warwick,  West  Warwick,  East  Greenwich  and  North  Kingstown 
shall,  and  any  other  towns  may,  at  any  annual  meeting  for  the  choice 
of  town  officers,  elect  in  each  of  said  towns  respectively  not  exceed- 
ing two  persons  to  be  measurers  of  grain  and  salt.  The  city  councils 
of  the  several  cities,  at  the  time  of  the  election  of  city  officers,  shall 
respectively  elect  at  least  two  such  measurers  for  said  cities. 

Sec.  2.  Measurers  may  appoint  deputies  and  employ  assistants. — Such 
measurers  may  appoint  as  many  deputy  measurers  and  employ  as 
many  assistants  as  they  may  deem  expedient,  who  shall  be  engaged 
to  the  faithful  performance  of  their  duties. 

Sec.  3.  Duties  of  measurers. — The  measurers  shall  measure  or  cause 
to  be  measured  in  their  presence,  and  shall  certify  the  measure,  of 
all  corn,  rye,  oats,  barley  and  other  grain  and  salt  imported  into  such 
town  from  without  the  limits  of  the  State,  which  shall  be  sold  and 
delivered  from  any  vessel  or  water-craft  or  any  railroad-car  in  said 
town,  in  any  quantity  exceeding  twenty-five  bushels  at  one  sale,  to 
one  person  or  company. 

Sec.  4.  Weight  of  bushel  of  Indian  corn  and  rye,  Indian  meal  and  rye 
meal. — In  the  sale  of  Indian  corn  and  rye  the  same  shall  be  esti- 
mated at  the  rate  of  fifty-six  pounds  to  the  bushel,  barley  at  the 
rate  of  forty-eight  pounds  to  the  bushel,  and  oats  at  the  rate  of 
thirty -two  pounds  to  the  bushel.  In  the  sale  of  Indian  meal  or  rye 
meal  by  weight,  the  same  shall  be  estimated  at  the  rate  of  fifty 
pounds  to  the  bushel.  Every  person  who  shall  sell  a  less  number 
of  pounds  for  a  bushel  shall  be  fined  ten  dollars. 

Sec.  5.  Compensation  of  the  measurers. — The  measurers  shall  receive 
as  compensation,  for  every  bushel  of  grain  or  salt  aforesaid  by  them 
measured  and  certified,  where  the  same  shall  exceed  one  hundred 
and  fifty  bushels,  one-half  of  one  cent  per  bushel,  and  for  any  quan- 
tity less  than  one  hundred  and  fifty  bushels,  one  cent  per  bushel,  to 
be  paid  by  the  vendor  upon  the  tender  of  the  certificate  of  the 
measurers,  the  vendor  charging  one-half  of  the  same  to  the  pur- 
chaser, unless  otherwise  by  them  agreed;  but  no  measurer  shall  be 
entitled  to  receive  more  than  one-half  of  one  cent  per  bushel  for 
measuring  whenever  the  quantity  shall  exceed  one  hundred  and  fifty 
bushels,  delivered  from  the  same  vessel  or  any  car. 

Sec.  6.  Duties  and  fees  in  case  of  dispute. — The  measurers  or  their 
deputies  shall  measure  and  certify  as  aforesaid  in  all  cases  of  sale  and 
delivery  of  said  articles  in  the  towns  where  they  are  appointed,  in 
quantity  aforesaid,  from  any  store  or  other  places  of  selling  in  said 
towns,  whenever  a  dispute  shall  arise  between  the  seller  and  pur- 


BHODE  ISLAND  727 

chaser,  if  called  on  for  that  purpose  by  either  party,  for  which  duty 
they  shall  receive  the  same  compensation,  and  payable  in  like  manner, 
as  hereinbefore  provided. 

Sec.  7.  Penalty  for  the  sale  of  grain  or  salt  without  measurement  and 
certificate. — Every  person  who  shall  sell  and  deliver  from  any  ves- 
sel, water-craft  or  railroad-car  in  said  towns  any  such  grain  or  salt  in 
a  quantity  exceeding  twenty-five  bushels,  at  one  sale  and  delivery, 
without  having  the  same  duly  measiired  and  certified  as  aforesaid 
by  one  of  the  said  measurers,  or  shall  refuse  to  permit  a  measurer  or 
deputy  to  measure  such  articles  when  sold  from  any  water-craft  or 
railroad-car,  shall  forfeit  fifty  dollars  for  each  offense,  one-half 
thereof  to  the  use  of  the  person  who  shall  sue  for  the  same  and  one- 
half  thereof  to  the  use  of  the  town  where  the  offense  shall  be  com- 
mitted. 

Sec.  8.  Penalty  on  measurer  for  neglect  of  duty. — Every  measurer  or 
deputy  measurer  who  shall,  after  being  duly  requested  to  perform 
any  of  the  duties  prescribed  by  this  chapter  and  after  tender  of  his 
fees  therefor,  refuse  or  neglect  so  to  do,  shall  forfeit  ten  dollars  for 
each  offense,  one-half  thereof  to  the  person  who  shall  sue  therefor 
and  one-half  thereof  to  the  use  of  the  town  where  such  neglect 
occurred. 

Sec.  9.  Sales  regulated  by  contract  for  measure  or  weight. — Nothing 
in  this  chapter  shall  be  so  construed  as  to  apply  to  or  affect  the  sale, 
delivery  or  measuring  of  any  of  the  articles  aforesaid,  in  the  sale 
whereof  it  shall  have  been  contracted  by  the  seller  and  purchaser  that 
the  same  shall  be  sold  and  delivered  at  custom-house  measure,  the 
same  being  measured  under  the  inspection  of  a  custom-house  in- 
spector, or  to  the  sale  of  grain  where  the  contract  is  that  it  shall  be 
delivered  by  weight. 

Gen.  Laws,  1923,  ch.  192,  p.  803. 

Sec.  1°.  Hogshead-hoops. — All  hoops  made  or  brought  into  any  town 
in  the  State  and  offered  for  sale  as  hogshead-hoops  shall  be  at  least 
one-half  thereof  eleven  feet  and  a  half  in  length,  and  the  other  half 
not  less  than  ten  feet  in  length;  and  all  those  offered  for  barrel- 
hoops  shall  hold  out  one  with  another  at  least  seven  feet  and  a  half 
in  length,  and  be  of  such  size  and  substance  as  shall  be  sufficient 
for  locking  at  the  small  end  and  be  otherwise  suitable  for  immediate 
working. 

Sec.  2.  Duties  of  inspectors. — Inspectors  of  hoops  shall  view  all 
hoops  that  may  be  offered  for  sale  in  or  exported  from  this  State. 

Sec.  3.  Defective  hoops  to  be  condemned  and  sold;  proceeds,  disposed 
of  in  what  manner. — Whenever  they  shall  inspect  any  hoops  so 
offered  for  sale  or  to  be  exported,  and  shall  find  that  the  same  fall 
"short  in  the  length  aforesaid,  or  are  not  of  such  size  and  substance 
as  by  this  chapter  is  required,  such  hoops  shall  be  condemned  and  sold 
at  auction  by  the  officer  who  shall  inspect  the  same,  within  twenty- 
four  hours  after  giving  notice  to  the  owner  thereof;  and  one  quar- 
ter part  of  the  money  arising  from  the  sale  shall  be  applied  to  the 
use  of  the  town  where  they  shall  be  sold,  and  the  remainder,  after 
paying  unto  the  inspector  of  such  hoops  his  fees,  shall  be  returned 
to  the  owner. 

Sec.  4.  Hoops  to  be  put  up  into  bundles;  if  deficient,  to  be  condemned 
and  sold;  and  proceeds,  how  disposed  of. — All  hoops  shall  be  put  up 


728  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

in  bundles,  to  contain  twenty-five  each,  and  be  sold  by  net  hun- 
dreds; whenever  the  officer  inspecting  shall  find  any  fraud  in  the 
bundles  by  their  not  containing  the  full  number,  every  such  bundle 
shall  be  condemned  as  forfeited,  to  be  sold  by  the  inspector  in  manner 
aforesaid;  the  money,  after  paying  the  inspector  his  fees,  shall  be 
by  him  lodged  in  the  town  treasury  of  the  town  where  they  are  sold, 
for  the  use  of  the  town. 

Sec.  5.  Penalty  for  shipping  of  hoops  not  surveyed. — Every  person 
who  shall  ship  for  exportation  out  of  this  State  any  hoops  which 
have  not  been  duly  inspected  and  allowed  to  be  merchantable  agree- 
ably to  this  chapter,  shall  forfeit  four  dollars  for  every  thousand 
hoops  so  shipped,  to  be  recovered  by  any  inspector  of  hoops  in  the 
town  where  they  shall  be  so  shipped,  one-half  thereof  to  the  use  of 
the  State  and  one-half  thereof  to  the  use  of  the  inspector  who  shall 
rue  for  the  same. 

Sec.  6.  Fees  of  inspectors. — Inspectors  of  hoops  shall  receive  at  and 
after  the  rate  of  twenty-five  cents  for  every  thousand  hoops  they 
shall  inspect  and  examine ;  and  if  the  hoops  shall  be  adjudged  good 
and  merchantable,  the  buyer  shall  pay  the  same. 

Gen.  Laws,  1923,  ch.  247,  p.  973. 

Sec.  1.  (1899).  Concentrated  commercial  feeding-stuffs,  sale  of,  regu- 
lated.— Every  lot  or  parcel  of  any  concentrated  commercial  feeding- 
stuff,  as  defined  in  section  three  of  this  chapter,  used  for  feeding 
domestic  animals,  sold,  offered  or  exposed  for  sale  in  this  State, 
shall  have  affixed  thereto,  in  a  conspicuous  place  on  the  outside 
thereof,  a  legible  and  plainly  printed  statement  stating  and  truly 
certifying  the  number  of  net  pounds  of  feeding-stuff  contained 
therein,  the  name,  brand,  or  trade  mark  under  which  the  article  is 
sold,  the  name  and  address  of  the  manufacturer  or  importer,     *     *     * 

Gen.  Laws,  1923,  ch.  246,  p.  970. 

Sec.  1  (1910).  Commercial  fertilizers  to  bear  label  giving  net  weight. — 
Every  lot  or  parcel  of  commercial  fertilizer,  or  material  used  for 
manurial  purposes,  excepting  the  dung  of  poultry  and  domestic 
animals  in  its  usual  condition,  sold,  offered,  or  exposed  for  sale 
within  this  State  shall  be  accompanied  by  a  plainly  printed  label 
stating  clearly  and  truly  the  number  of  net  pounds  of  fertilizer  in 
the  package,     *     *     * 

Gen.  Laws,  1923,  ch.  207,  p.  833. 

Sec.  1°.  Measure  of  fish  sold  for  manure;  to  be  sealed. — Whenever  fish 
are  sold  by  measure  for  manure  they  shall  be  measured  in  a  barrel 
or  half-barrel,  the  barrel  containing  twenty-eight  gallons  and  the 
half-barrel  fourteen  gallons,  which  shall  be  sealed  by  a  sealer  of 
weights  and  measures. 

Sec.  2.  Penalty  for  sealing  falsely. — Every  sealer  of  weights  and 
measures  who  shall  seal  any  barrel  or  half-barrel  which  shall  contain 
a  less  quantity  than  prescribed  in  the  preceding  section  shall  be  fined 
fifty  dollars. 

Sec.  3.  Penalty  for  using  unsealed  measure. — Every  person  who  shall 
measure  any  fish  sold  by  the  measure  in  any  barrel  or  half -barrel 
not  sealed  according  to  the  provisions  of  this  chapter,  shall  be  fined 
ten  dollars  for  each  offense. 


RHODE  ISLAND  729 

Gen.  Laws,  1923,  ch.  190,  p.  796. 

Sec.  4°.  Casks  for  pickled  fish,  how  filled. — Every  cask  [of  pickled 
fish]  shall  be  well  seasoned  and  bound  with  twelve  hoops;  casks  for 
menhaden  and  herrings  shall  be  of  the  capacity  to  hold  twenty-eight 
gallons,  and  those  for  other  fish  of  the  capacity,  if  a  barrel,  to  hold 
two  hundred  pounds,  and  if  a  half-barrel,  one  hundred  pounds 
weight  of  fish ;  each  cask  shall  be  full  and  the  fish  shall  be  sound  and 
well  cured. 

Sec.  7.  Mackerel,  first  quality. — There  shall  be  five  qualities  of 
mackerel.  Mackerel  of  the  best  quality,  not  mutilated,  measuring 
not  less  than  fourteen  inches  from  the  extremity  of  the  head  to  the 
notch  or  fork  of  the  tail,  free  from  rust,  taint  or  damage,  and  that 
shall  count  not  more  than  one  hundred  and  fifty  fish  to  the  barrel, 
shall  be  branded  on  the  barrel  or  covering  containing  them, 
BLOATEKS. 

Sec.  8.  Second  quality. — Mackerel  of  the  best  quality,  not  muti- 
lated, being  not  less  than  thirteen  inches,  measured  as  aforesaid, 
free  from  rust,  taint  or  damage,  that  shall  count  not  more  than 
two  hundred  fish  to  the  barrel,  shall  be  branded  NUMBER  ONE. 

Sec.  9.  Third  quality. — Mackerel  being  not  less  than  eleven  inches, 
measured  as  aforesaid,  free  from  rust,  taint  or  damage,  and  that 
shall  count  not  more  than  three  hundred  and  fifty  fish  to  the  barrel, 
shall  be  branded  NUMBER  TWO. 

Sec.  10.  Fourth  quality. — Mackerel  of  the  next  inferior  quality, 
free  from  taint  or  damage,  not  less  than  ten  inches,  measured  as 
aforesaid,  that  shall  count  not  more  than  five  hundred  fish  to  the 
barrel,  shall  be  branded  NUMBER  THREE. 

Sec.  11.  Fifth  quality. — All  other  mackerel,  free  from  taint  or 
damage,  shall  be  branded  NUMBER  FOUR. 

Sec.  12.  Mackerel  are  not  to  be  sold  without  brand  of  quality. — No 
person  or  persons  shall  sell  or  offer  for  sale  any  mackerel  without 
having  stamped,  upon  the  barrel  or  covering  containing  the  same,  in 
a  plain  and  legible  manner  the  quality  of  said  fish  as  classified 
above. 

Sec.  13.  Fishermen  excepted. — Nothing  in  this  chapter  contained 
shall  be  so  construed  as  to  prevent  any  fishermen  or  owners  of  fish, 
coming  to  this  State  from  their  fishing-trips,  from  selling  or  re- 
shipping  their  fish  to  any  other  of  the  United  States  without  being 
packed  into  barrels  or  half-barrels. 

Sec.  14.  Penalty  for  sale  of  fish  not  approved  and  branded. — Every 
person  who  shall  offer  for  sale  in  or  attempt  to  export  from  the 
State  any  pickled  fish  which  have  not  been  approved  by  a  sworn 
packer,  or  in  casks  which  are  not  branded  as  aforesaid,  shall  be  fined 
fifty  dollars  for  each  offense. 

Sec.  15.  Penalty  for  altering  contents  of  a  branded  cask,  or  for  imi- 
tating a  brand. — Every  person  who  shall  shift  any  fish  from  any  cask 
after  the  same  has  been  branded  by  the  packer,  and  shall  offer  to 
sell  or  export  the  same  from  this  State,  or  shall  brand  any  cask 
into  which  the  same  shall  be  shifted,  or  shall  brand  any  cask  with 
the  branding-iron  of  a  packer  or  with  any  iron  made  in  imitation 
thereof,  shall  be  fined  not  less  than  thirty  dollars  nor  more  than  one 
hundred  and  sixty  dollars  for  each  offense. 


730  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  16.  Penalty  for  fraud. — Every  packer  who  shall  be  guilty  of 
any  fraud  or  neglect  in  packing  any  fish  contrary  to  this  chapter,  or 
shall  brand  any  cask  not  thoroughly  examined  according  to  the 
provisions  thereof,  shall  be  fined  fifty  dollars  for  each  offense. 

Sec.  17.  Fees  of  packers. — The  packers  of  fish  shall  be  paid  for 
opening,  assorting,  inspecting,  weighing,  pickling,  packing,  or  re- 
packing, heading-up,  nailing,  and  giving  a  certificate,  if  pickled 
codfish  or  mackerel,  twenty  cents  for  every  barrel  and  fifteen  cents 
for  every  half -barrel  by  the  owner  thereof:  Provided,  That  for  all 
pickled  codfish  or  mackerel  which  have  been  inspected  in  some  one 
of  the  United  States  and  which  shall  not  in  the  judgment  of  the 
packer  require  repacking,  the  said  owner  shall  pay  to  the  packer 
twenty  cents  only  for  unheading,  inspecting,  reheading,  branding, 
nailing  and  giving  a  certificate  thereof,  and  for  all  other,  except 
codfish  and  mackerel,  the  owner  thereof  shall  pay  the  packer  twenty- 
five  cents  for  every  cask. 


SOUTH  CAROLINA 


Code,  1922,  Vol.  3,  ch.  37,  p.  1070. 

Sec.  3559  (1893).  Standard. — Weights  and  measures  shall  be  regu- 
lated by  the  standard  fixed  by  the  Congress  of  the  United  States. 

Sec.  3561.  Clerks  of  court  to  keep;  same  to  be  purchased  by  the  gov- 
ernor.— The  clerk  of  the  court  of  common  pleas  and  general  sessions 
of  each  county  in  this  State  shall  furnish,  and  is  required  to  keep  in 
his  office,  the  weights  and  measures  established  by  law,  which  shall 
be  the  standards  of  all  other  weights  and  measures  in  said  county, 
and  to  which  any  person  shall  have  free  access  to  test  the  same ;  and 
the  governor  of  the  State  is  authorized  and  required  to  purchase  such 
standard  weights  and  measures  out  of  the  fines  and  forfeitures  in- 
curred in  their  respective  counties. 

Acts,  1923,  Act  Ho.  39,  p.  72. 

Sec.  1.  Standard  weights  per  bushel  and  barrel. — That  the  following 
shall  be  the  legal  and  uniform  standard  of  weights  and  measures  in 
this  State  for  the  sale  and  purchase  of  the  following-named  products 
of  the  farm,  orchard  or  garden,  and  articles  of  merchandise,  to  wit : * 


Apples,  green 

bushels  per  barrel.  _    2  2}/% 

Apples,  green 

pounds  per  busheL  _     50 

Apples,  dried do 24 

Apples,  seed do 40 

Blue  grass,  seed do 14 

Beans,  dried do 60 

Beans,  green,  in  pods do 30 

Beans,  green,  in  pods 

bushels  per  barrel.  _       2J^ 

Beans,  castor 

pounds  per  busheL . 

Beets do 

Blackberries do 

Blackberries,  dried do 

Bran 

Broom-corn  seed 

Buckwheat 

Barley do 

Beef,  net pounds  per  barrel.. 

Cane  seed_. pounds  per  busheL. 

Carrots do 

Cabbage do 

Cherries,  with  stems do 

Cherries,  without  stems_-do 

Corn,  shelled do 

Corn  in  ear,  shucked do 

Corn  in  ear,  with  shUcks.do 

Corn,  green,  with  shucks.do 

Corn,  green,  with  shucks 

bushels  per  barrel 2J^ 


.do__. 
...do... 
...do__. 


46 
50 
48 
28 
20 
42 
50 
48 

200 
50 
50 
50 
56 
64 
56 
70 
74 

100 


Corn,  matured,  with  shucks 

bushels  per  barrel. . 

Corn,  pop pounds  per  bushel.. 

Corn  meal,  unbolted do 

Corn  meal,  bolted do 

Cucumbers do 

Chestnuts do 

Cement do 

Coke do 

Charcoal do 

Coal,  stone do 

Canary  seed do 

Clover  seed,  red  and  white 

pounds  per  busheL . 

Cottonseed do 

Cottonseed,  long  staple do 

Cranberries do 

Currants do 

Flax  seed do 

Flour pounds  per  barrel.. 

Fish do 

Gooseberries 

pounds  per  busheL. 

Grapes,  with  stems do 

Grapes,  without  stems do 

Horseradish do 

Hickory  nuts do 

Hair,  plastering do 

Hominy do 

Hungarian  seed do 

Hemp  seed do 

Kaffir  corn do 


5 
56 
48 
48 
48 
50 
80 
40 
22 
80 
60 

60 
30 
30 
32 
40 
56 
196 
200 

48 
48 
60 
50 
50 
8 
62 
48 
44 
56 


1  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 
a  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 

731 


732 


LAWS  CONCERNING  WEIGHTS  AND  MEASURES 


Potatoes,  sweet 

pounds  per  bushel. 

Potatoes,  sweet 

bushels  per  barrel. 

Peanuts pounds  per  bushel. 

Pork,  net.. pounds  per  barrel. 
Quinces,  matured 

pounds  per  bushel. 

Rape  seed do 

Raspberries do 

Rice,  rough do 

Rye  seed do 

Redtop do 

Rutabagas do 

Rye  grass,  Italian,  seed.. do 

Rye  meal do 

Sage do 

Salt do... 

Sorghum  molasses 

pounds  per  gallon. 

Sorghum  seed 

pounds  per  bushel. 

Strawberries do 

Salads,  turnips,  kale do 

Salads,  mustard,  spinach 

pounds  per  bushel. 

Turnips bushels  per  barrel. 

Turnips pounds  per  bushel. 

Tomatoes do 

Timothy  seed do 

Velvet  grass  seed do 

Walnuts do 

Wheat do 


50 

23 
200 

48 
50 
48 
44 
56 
14 
60 
20 
50 
4 
50 

12 

50 
48 
12 

12 

2H 
50 
56 
45 

7 
50 
60 


Land  plaster 

pounds  per  bushel.  _  100 

Lime,  unslacked do 80 

Lime,  slacked do 40 

Liquids gallons  per  barrel. .  42 

Melon,  cantaloupe 

pounds  per  bushel.  _  50 

Melon,  cantaloupe 

bushels  per  barrel.  _  2J^ 

Millet,  German,  seed 

pounds  per  bushel.  .  50 

Millet,  Missouri do.^..  50 

Millet,  Tennessee do 50 

Orchard  grass  seed do 14 

Osage  orange  seed do 33 

Oats,  seed do 32 

Onions,  matured do 56 

Onions,  top  buttons do 28 

Onions,  button  sets do 32 

Parsnips do 50 

Peas,  dry do 60 

Peas,  green do 30 

Peas,  green,  in  hull 

bushels  per  barrel.-  2J^ 

Peaches,  matured 

pounds  per  bushel..  50 

Peaches,  dried do 25 

Pears,  matured do 36 

Pears,  dried do 26 

Plums do 64 

Pieplant do 50 

Potatoes,  Irish 

bushels  per  barrel.  _  2J^ 

Potatoes,  Irish 

pounds  per  bushel.  _  60 

Sec.  2.  Produce  to  have  standard  weights  approved  by  the  U.  S.  Gov- 
ernment.— That  any  article  of  produce  from  garden  or  farm  not 
mentioned  in  section  1,  shall  be  the  same  standard  per  bushel,  or  per 
gallon,  as  adopted  and  approved  by  the  United  States  Government: 
Provided  further,  That  all  packages  of  the  articles  enumerated  in 
section  1  of  this  act  shall  correspond  in  weight  and  measures  to  the 
standards  fixed  in  section  1. 

Sec.  3.  Unlawful  to  buy  or  sell  except  by  standards  provided. — That 
it  shall  be  unlawful  to  buy  or  sell  any  of  the  products  of  any  farm, 
orchard  or  garden,  or  articles  of  merchandise  mentioned  in  section  1, 
except  in  strict  accordance  with  the  standard  weights  and  measures 
provided  therein. 

Sec.  4.  "Unlawful  to  dock  any  articles. — That  it  shall  be  unlawful 
to  dock  any  of  the  articles  mentioned  in  section  1,  delivered  in  good 
condition  and  in  marketable  form  on  account  of  keg  or  barrel  or 
other  receptacle,  without  allowing  the  value  of  same. 

Sec.  5.  Unlawful  to  bag  for  sale  corn  meal  or  grits  except  by  speci- 
fied weights;  contents  to  be  marked;  proviso. — It  shall  be  unlawful  for 
any  person  or  persons  to  bag  for  sale,  sell  or  offer  for  sale  in  this 
State  any  corn  meal  or  grits,  except  in  bags  or  packages  containing, 
by  standard  weight,  two  bushels,  or  one  bushel,  or  one-half  bushel, 
or  one-fourth  bushel,  or  one-eighth  bushel,  respectively;  each  bag 
or  package  of  corn  meal  shall  have  plainly  printed  or  marked 
thereon  whether  the  meal  is  bolted  or  unbolted,  the  amount  it  con- 
tains in  bushels  or  fraction  of  a  bushel,  and  the  weight:  Provided,, 


SOUTH  CAROLINA  733 

The  provisions  in  this  section  shall  not  apply  to  the  retailing  of 
meal  or  grits  except  to  consumers  from  bulk  stock  when  priced 
and  delivered  by  actual  weight  or  measure. 

See.  6.  Inspection  of  weights  and  measures,  etc. ;  powers  of  officials. — 
That  it  shall  be  the  duty  of  the  commissioner  of  agriculture,  com- 
merce and  industries  or  his  duly  authorized  representatives  to  inspect 
as  often  as  practical  all  weights,  scales,  beams,  measures  of  any 
kind,  instruments  or  mechanical  devices  for  weighing  or  measuring, 
and  tools,  appliances  and  accessories  connected  with  any  or  all  such 
instruments  or  measures  used  in  trade  in  this  State.  The  commis- 
sioner or  his  duly  authorized  representatives  for  the  purposes  above 
mentioned,  and  in  the  general  performance  of  his  duties,  without 
formal  warrant,  may  enter  or  go  into  or  upon,  any  stand,  place, 
building  or  premises  or  stop  any  vendor,  peddler,  junk  dealer,  driver 
or  [of]  coal  wagon  or  ice  wagon  or  the  driver  of  any  wagon  contain- 
ing commodities  for  sale  or  delivery  and  if  necessary,  require  him  to 
proceed  to  some  place  which  the  commissioner  or  his  agents  may 
specify  for  the  purpose  of  making  proper  tests. 

Sec.  7.  Weights  and  measures,  etc.,  may  be  condemned,  seized  or  de- 
stroyed, when;  may  be  kept  out  of  use,  when;  commissioner  may  issue 
regulations. — The  commissioner  of  agriculture,  commerce  and  indus- 
tries or  his  duly  authorized  representatives  shall  condemn  and  seize 
and  may  destroy  incorrect  weights  and  measures  and  weighing  and 
measuring  devices  which  in  his  best  judgment  are  not  susceptible  of 
repair,  but  any  weight,  measure  or  weighing  or  measuring  device 
which  shall  be  found  to  be  incorrect,  but  which  in  his  best  judgment 
are  [is]  susceptible  of  repair,  he  shall  serve  a  written  order  upon  the 
person  or  persons,  firms  or  corporations  in  whose  possession  the 
inaccurate  device  is  found  forbidding  the  use  of  such  device,  and 
shall  attach  thereto  a  seal,  tag  or  statement  stating  the  device  is 
condemned.  Also,  he  shall  lock  the  weighing  or  measuring  device 
in  such  a  manner  that  it  can  not  be  used.  The  commissioner  of 
agriculture,  commerce  and  industries,  however,  may  in  his  discretion 
release  the  weighing  or  measuring  device  so  condemned  and  annul 
the  restraining  order  when  the  requirements  of  the  provisions  of  this 
act  have  been  complied  with.  The  commissioner  is  hereby  em- 
powered and  authorized  to  prescribe  and  issue  such  regulations  as 
may  be  necessary  for  the  proper  enforcement  of  this  act,  and  any 
person  or  persons  who  shall  violate  any  regulation  issued  by  the 
commissioner  shall  be  guilty  of  a  violation  of  this  act.  The  owners 
or  users  of  any  weights  or  measures  or  weighing  or  measuring  de- 
vices which  have  been  marked  condemned,  and  upon  whom  an  order 
has  been  served  forbidding  the  use  of  such  weighing  device  as  in  this 
section  provided,  may  neither  use  or  dispose  of  the  same  in  any 
way,  or  remove  or  allow  to  be  moved  any  seal,  tag  or  statement 
attached  thereto  by  a  representative  of  the  department  of  agriculture, 
commerce  and  industries  without  the  approval  and  consent  of  the 
commissioner. 

Sec.  8.  Possession  of  weights  and  measures  which  have  been  tampered 
with,  prima  facie  evidence  of  violation  of  act,  when. — Possession  of 
any  weight  or  measure  or  weighing  or  measuring  device  of  any  kind 
which  appears  to  have  been  tampered  with  or  altered  in  any  manner 
whatsoever,  so  as  to  falsify  any  weight  or  measure  or  weighing  or 
measuring  device  of  any  kind  shall  be  prima  facie  evidence  of  the 


734  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

fact  that  it  was  intended  to  be  used  in  violation  of  this  act:  Pro- 
vided further,  That  any  weight  or  measure  or  weighing  or  measuring 
device  found  upon  inspection  to  have  been  tampered  with  or  altered 
in  any  manner  so  as  to  falsify  a  weight  or  measure  shall  be  seized 
and  may  be  destroyed  by  the  commissioner  or  his  agents  acting  under 
his  instructions. 

Sec.  9.  Refusal  of  owners  to  exhibit  weights  and  measures,  etc.,  viola- 
tion of  act. — Any  person,  who  by  himself,  or  his  employee,  or  as  a 
proprietor  or  manager.,  shall  refuse  to  exhibit  any  weight,  measure 
or  weighing  or  measuring  device  of  any  kind,  or  appliance  or  acces- 
sories connected  with  any  or  all  such  devices  or  measures  which  is 
in  his  possession  or  under  his  control,  to  the  commissioner  of  agri- 
culture, commerce  and  industries  or  his  duly  authorized  representa- 
tives, for  the  purpose  of  allowing  the  same  to  be  inspected  and 
examined  as  in  this  act  provided,  who  shall  hinder  or  obstruct  the 
inspector  in  the  general  performance  of  official  duties  shall  be 
deemed  a  violation  of  this  act. 

Sec.  10.  Net  contents  of  packages  to  be  marked. — Whenever  any  of 
the  commodities  within  the  provisions  of  section  1  of  this  act,  or 
any  article  or  merchandise  of  any  kind  whatsoever,  not  specified  in 
this  act  are  sold,  or  exposed  for  sale  in  packages  or  containers  of 
any  kind,  the  net  quantity  of  the  contents  of  the  package  or  con- 
tainer shall  be  plainly  marked,  branded,  or  otherwise  indicated  on 
the  outside  or  top  thereof  or  on  a  label  or  tag  attached  thereto. 

Sec.  11.  Rules  for  designating  quantity  of  contents  of  commodities. — 
The  designation  of  the  quantity  of  the  commodity  required  in  sec- 
tion 10  of  this  act  shall  be  in  terms  of  weight,  measure  or  numerical 
count,  subject  however  to  the  following  provisions : 

(a)  The  quantity  of  the  contents  so  marked  shall,  be  the  net 
amount  of  food  or  stuff  or  other  commodity  in  the  package  or  con- 
tainer. 

(b)  If  the  designation  is  by  weight  it  shall  be  in  terms  of  avoir- 
dupois pounds  and  ounces ;  if  the  designation  is  in  liquid  measure  it 
shall  be  in  terms  of  the  United  States  gallon  of  two  hundred  and 
thirty-one  cubic  inches  and  its  customary  subdivisions,  i.  e.,  in  gal- 
lons, quarts,  pints  or  fluid  ounces. 

(c)  The  quantity  of  solids  shall  be  designated  in  terms  of  weight 
and  of  fluid  in  terms  of  measure,  except  in  case  of  articles  in  respect 
to  which  there  exists  a  definite  trade  custom;  in  such  case  the  desig- 
nation shall  be  in  terms  of  weight,  measure,  or  numerical  count,  in 
accordance  with  such  custom. 

(d)  The  quantity  of  the  contents  shall  be  designated  in  terms  of 
weight  or  measure,  unless  the  container  marked  by  numerical  count, 
gives  accurate  information  as  to  the  quantity  of  the  food  or  other 
commodity  in  the  package.  When  the  designation  is  by  numerical 
count  it  shall  be  in  English  words  or  Arabic  numerals. 

(e)  The  quantity  of  the  contents  may  be  stated  in  terms  of  mini- 
mum count,  but  in  such  cases  the  designation  must  approximate  the 
actual  quantity  and  there  shall  be  no  tolerance  below  the  minimum. 

(/)  The  quantity  of  viscous  or  semi-solid  foods,  or  of  a  mixture 
of  solids  and  liquids,  may  be  stated  in  terms  of  weight  and  measure. 
When  products  are  packed  in  brine  or  other  preserving  fluids,  the 
weight  or  measure  of  such  brine  or  fluids  shall  not  be  included  in 


SOUTH  CAROLINA  735 

the  weight  or  "measure  of  the  edible  or  commodity  indicated  on  the 
container. 

The  provisions  of  this  act  shall  not  apply — 

(a)  To  any  sale  of  any  commodity  within  the  provisions  of  this 
section  when  such  sale  is  made  from  bulk  and  the  quantity  is 
weighed,  measured  or  counted  for  the  immediate  purpose  of  such 
sale. 

(b)  To  a  sale  of  any  container  of  an  ornamental  or  symbolic 
character  with  which  a  quantity  of  some  commodity  is  sold  as 
merely  incidental. 

(<?)  To  a  sale  of  a  commodity  in  any  container  of  a  net  weight  of 
two  ounces  or  less,  or  of  a  commodity  of  any  container  of  a  measure 
two  fluid  ounces  or  less,  or  of  a  commodity  of  any  container  of  a 
numerical  count  of  six  or  less. 

(d)  To  the  sale  of  medicine  when  prescribed  by  licensed  physi- 
cian, veterinarian  or  dentist;  or  to  medicinal  or  pharmaceutical 
preparations  or  mixtures  or  two  or  "more  medicinal  substances. 

Sec.  12.  Discrepancy  between  actual  and  marked  quantity  no  viola- 
tion, when. — It  shall  not  be  held  to  be  a  violation  of  the  provisions 
of  this  act  when  a  commodity  in  a  container  is  sold,  or  offered  or 
exposed  for  sale,  and  there  is  a  discrepancy  between  the  actual  quan- 
tity of  the  commodity  in  said  container  and  the  net  quantity  of  the 
contents  thereof  indicated  on  the  container  as  here  prescribed :  Pro- 
vided, That  the  seller  purchased  said  commodity  in  said  container, 
in  good  faith  relying  upon  the  said  indication  of  the  net  contents 
thereof,  and  sold  said  commodity  in  said  container  without  altering 
the  contents  thereof  or  the  indication  of  the  contents  thereof:  And 
provided,  further,  That  the  exeption  of  this  section  shall  not  apply 
to  any  sale  unless  the  container  had  the  name  of  a  packer,  manufac- 
turer, wholesaler,  or  jobber  thereon  at  the  time  the  seller  pur- 
chased it. 

Sec.  13.  "  Person  "  denned. — The  term  person  used  in  this  act  shall 
include  every  person,  firm,  company,  co-partnership,  society,  asso- 
ciation and  corporation. 

Sec.  14.  "  Container  "  denned ;  proviso. — The  term  container  used  in 
this  act  is  hereby  defined  to  be  any  receptacle  or  carton  into  which  a 
commodity  is  packed,  or  any  wrappings  with  which  any  commodity 
is  wrapped  or  put  up  for  sale :  Provided,  That  where  individual 
packages  or  containers,  properly  labeled  to  comply  with  this  act,  are 
packed  in  an  outside  case  or  carton  for  convenience  in  shipping  or 
handling,  the  term  "  container  "  shall  not  be  construed  to  include  or 
apply  to  such  outside  care  or  carton.  No  containers,  boxes  or 
baskets  wherein  food  products  or  other  commodities  are  packed  shall 
have  a  false  bottom,  or  be  so  constructed  as  to  facilitate  the  perpe- 
tration of  deception  or  fraud. 

Sec.  15.  Offering  or  exposing  for  sale  prima  facie  evidence  of  viola- 
tion.— Any  person,  who  by  himself  or  by  his  servant  or  agent,  or  as 
the  servant  or  agent  of  another,  shall  offer  or  expose  for  sale,  sell  for 
use,  any  commodity,  package,  article  or  thing,  less  than  the  quantity 
he  represents,  then  such  commodity,  package,  article  or  thing  shall 
be  prima  facie  evidence  of  the  fact  that  it  was  intended  to  be  sold, 
or  proof  of  such  shall  be  deemed  a  violation  of  this  act. 

517—27 47 


736  LAWS  CONCEBNING  WEIGHTS  AND  MEASURES 

Sec.  16.  Penalty;  each  instance  separate  offense. — Every  person,  who 
by  himself  or  his  agent,  servant  or  employee  violates  or  causes  or  per- 
mits to  be  violated  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  less  than 
$25.00,  nor  more  than  $100.00,  or  shall  be  imprisoned  in  the  county 
jail  for  a  term  not  to  exceed  30  days  or  by  both  such  fine  and  im- 
prisonment. Each  and  every  instance  shall  constitute  a  separate 
offense. 

Sec.  17.  Standards,  which  are;  to  be  kept  by  commissioner  of  agricul- 
ture; tolerances  established  under  act  to  conform  to  those  established  by 
U.  S.  Government. — Such  weights  and  measures  as  have  been,  or 
may  hereafter  be  furnished  this  State,  or  such  weights  and  measures 
as  have  been  or  may  hereafter  be  approved  by  the  Government  of 
the  United  States  shall  be  kept  by  the  commissioner  of  agriculture, 
commerce  and  industries;  and  the  said  weights  and  measures  shall 
be  deemed  and  taken  to  be  the  standard  weights  and  measures,  by 
which  all  the  weights  and  measures  in  this  State  shall  be  regulated : 
Provided  further,  That  all  tolerance  now  in  effect  or  which  may 
hereafter  be  established  pursuant  to  the  provisions  of  this  act,  shall  be 
the  same  as  now  in  effect  or  hereafter  may  be  adopted  or  approved  by 
the  United  States  Government. 

Code,  1922,  Vol.  3,  ch.  37,  Art.  2,  p.  1073. 

Sec.  3572  (1921).  Standards  of  containers. — After  investigation,  and 
from  time  to  time  as  may  be  practicable  and  advisable,  the  division 
of  markets  of  the  extension  service  shall  have  authority  to  establish 
and  promulgate  standards  of  open  and  closed  receptacles  for,  and 
standards  for  the  grade  and  other  classification  of  farm  products, 
by  which  their  quantity,  quality  and  value  may  be  determined,  and 
prescribe  and  promulgate  rules  and  regulations  governing  the  marks, 
brands  and  labels  which  may  be  required  for  receptacles  for  farm 
products,  for  the  purpose  of  showing  the  name  and  address  of  the 
producer  or  packer;  the  quantity,  nature  and  quality  of  the  product, 
or  any  of  them,  and  for  the  purpose  of  preventing  deception  in 
reference  thereto,  and  for  the  purpose  of  establishing  a  State  brand 
for  any  farm  product  produced  in  South  Carolina:  Provided,  That 
any  standard  for  any  farm  product  or  receptacle  therefor,  or  any  re- 
quirement for  marketing  receptacles  for  farm  products,  now  or  here- 
after established  under  authority  of  the  Congress  of  the  United 
States,  shall  forthwith,  as  far  as  applicable,  be  established  or 
prescribed  and  promulgated  as  the  official  standard  or  requirement 
in  the  State:  Provided,  further,  That  no  standard  established  or 
requirement  for  marketing  prescribed  under  this  article  shall  be- 
come effective  until  the  expiration  of  thirty  days  after  it  shall  have 
been  promulgated. 

Sec.  3573.  Packing  of  farm  products  for  sale  to  conform  to  grades, 
receptacles,  etc. — Whenever  any  standard  for  the  grade  or  other 
classification  of  any  farm  product  becomes  effective  under  this 
article  no  person  thereafter  shall  pack  for  sale,  offer  to  sell,  or  sell 
within  this  State  any  such  farm  product  to  which  such  standard  is 
applicable,  unless  it  conforms  to  the  standard,  subject  to  such  reason- 
able variations  therefrom  as  may  be  allowed  in  the  rules  and  regula- 


SOUTH  CAKOLINA  737 

tions  made  under  this  article :  Provided,  That  any  farm  product  may 
be  packed  for  sale,  offered  for  sale,  or  sold,  without  conforming  to 
the  standard  for  grade  or  other  classification  applicable  thereto,  if 
it  is  especially  described  as  not  graded  or  plainly  marked  "  Not 
graded."  Whenever  any  standard  for  an  open  or  closed  receptacle 
for  a  farm  product  shall  be  made  effective  under  this  article  no  per- 
son shall  pack  for  sale  in  and  deliver  in  a  receptacle,  or  sell  in  and 
deliver  in  a  receptacle,  any  such  farm  product  to  which  such  standard 
is  applicable,  unless  the  receptacle  conforms  to  the  standard,  subject 
to  such  variations  therefrom  as  may  be  allowed  in  the  rules  and  regu- 
lations made  under  this  article :  Provided,  That  the  requirement  as  to 
receptacle  shall  not  apply  to  produce  sold  or  offered  for  sale  in  less 
than  car  lots.  Whenever  any  requirement  for  the  marketing,  brand- 
ing or  labeling  of  a  receptacle  for  a  farm  product  becomes  effective 
under  this  article,  no  person  thereafter  shall  pack  for  sale,  offer  for 
sale,  consign  for  sale,  or  sell  and  deliver,  any  such  farm  product  in  a 
receptacle  to  which  such  requirement  is  applicable,  unless  the  recep- 
tacle be  marked,  branded  or  labeled  according  to  such  requirement, 
or  unless  such  product  be  brought  from  outside  the  State  and  offered 
for  sale,  consigned  for  sale,  or  sold  in  the  original  package.  The 
chief  of  the  division  of  markets  is  authorized,  at  any  time,  to  cause 
such  inspections  and  classifications  to  be  made  and  such  certificates 
to  be  issued,  as  he  may  deem  necessary  to  enforce  the  provisions  of 
this  article.  Such  inspections  to  be  made  without  charge  only  when 
no  request  is  made  by  grower,  shipper,  receiver  or  any  other  party 
and  inspection  is  made  for  the  purpose  of  demonstration  or  for  en- 
forcing the  provisions  of  this  article. 

Code,  1922,  Vol.  3,  ch.  51,  p.  1305. 

Sec.  4498  (al917).  Public  weighers;  applies  only  to  Chester  and 
Florence  Counties. — The  municipal  authorities  of  cities  and  towns  of 
this  State  be,  and  they  are  hereby,  empowered  to  require  all  dealers 
and  sellers  of  coal,  coke,  unbaled  hay,  cattle,  cotton  seed,  or  other 
articles  of  like  nature  and  character,  sold  in  bulk,  by  weight,  and 
sold  within  the  limits  of  any  city  or  town  to  have  the  same  weighed 
upon  the  public  scales  within  such  city  or  town,  and  to  impose  a 
charge  therefor  of  not  more  than  ten  cents  for  each  draft,  one-half  to 
be  paid  by  the  seller,  and  one-half  to  be  paid  by  the  buyer.  Said 
municipal  authorities  may  enforce  the  provisions  of  this  section  by 
such  fine  and  imprisonment  as  may  now  or  hereafter  be  prescribed  by 
law  for  the  violation  of  the  ordinance  of  the  city  or  town :  Provided, 
That  the  provisions  of  this  section  shall  apply  only  to  Chester  and 
Florence  Counties. 

Sec.  4649  (1896).  Coal  to  be  weighed  on  the  public  scales. — The  mu- 
nicipal authorities  of  the  cities  and  towns  of  this  State  of  not  less 
than  ten  thousand  inhabitants  be,  and  they  are  hereby,  empowered  to 
require  all  dealers  of  coal  to  weigh  all  coal  sold  within  the  limits  of 
such  cities  and  towns  upon  the  public  scales  of  such  cities  and  towns 
and  to  impose  a  charge  therefor  of  not  more  than  ten  cents  for  each 
draft.  Said  municipal  authorities  may  enforce  the  provisions  of  the 
foregoing  paragraph  by  such  fine  and  imprisonment  as  may  be  now 


738  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

or  hereafter  prescribed  by  law  for  the  violation  of  the  ordinances  of 
such  cities  or  towns. 

Code,  1922,  Vol.  3,  ch.  19,  Art.  14,  p.  350. 

Sec.  1003   (al910).  Quantity  to  be  stamped  on  packages  of  oysters, 

etc. — *     *     *     Each    package    containing    oysters    canned    in    this 

State,  or  raw  shucked  oysters  gathered  in  this  State,  clams  gathered 

in  this  State,  or  terrapin  offered  for  sale  or  transportation  shall  be 

stamped  by  the  manufacturer  by  the  number  of  ounces  or  quantity  of 

oysters  and  the  number  of  terrapin,  and  the  number  of  bushels  of 

clams  contained  therein,  and  the  number  of  ounces  and  fractions  of 

ounces  of  oysters  [contained  in  each  can  shall  be  plainly  stamped  in 

the  metal  cap  of  each  can  of  oysters]  3  canned  within  the  State. 
*     *     * 

Sec.  1018  (1921).  Containers  of  oysters  prescribed;  violation  a  mis- 
demeanor.— All  oysters  sold  in  the  shell  in  this  State  shall  be  meas- 
ured in  a  circular  tub  with  straight  sides,  straight  solid  bottom,  holes 
in  the  bottom  not  more  than  one-half  inch  in  diameter.  The  said 
measure  shall  have  the  following  dimensions:  A  bushel  shall  meas- 
ure eighteen  (18)  inches  from  inside  across  bottom  and  twenty-one 
(21)  inches  from  bottom  to  top  of  chime.  All  measures  used  for 
buying  and  selling  oysters  shall  have  a  grade,  to  be  adopted  by  the 
board  of  fisheries  or  its  lawful  inspector.  Any  person  violating  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  ten  ($10.00)  dollars  nor  more 
than  fifty  ($50.00)  dollars,  or  imprisonment  for  not  more  than 
thirty  (30)  days.  All  measures  found  in  the  possession  of  any  such 
person  not  meeting  the  requirements  of  this  section  shall  be 
destroyed  by  said  board  or  its  lawful  agents. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  1,  p.  979. 

Sec.  3286  (1920).  Fertilizer;  weight  of  package  to  be  marked. — Every 
person  or  corporation,  before  selling  or  offering  for  sale  in  this  State 
any  commercial  fertilizer  or  fertilizing  material,  shall  brand  on  each 
bag  or  package  the  brand  name  of  the  fertilizer,  the  weight  of  the 
package,  the  name  and  address  of  the  manufacturer,     *     *     * 

Sec.  3297.  Weight  of  packages;  penalties  for  short  weight. — All  fer- 
tilizers or  fertilizing  materials  sold  or  offered  for  sale  for  use  within 
this  State,  shall  be  in  a  package  of  one  hundred  or  two  hundred 
pounds  each,  except  as  hereinafter  provided  (section  18)  : 4  And  pro- 
vided, further,  That  this  section  shall  not  apply  to  foreign  imported 
goods  in  original  packages.  The  weight  of  the  package  of  fertilizers 
shall  be  ascertained  at  the  time  of  the  delivery  to  the  purchaser  in 
the  presence  of  at  least  two  disinterested  witnesses ;  one  chosen  by  the 
purchaser  and  one  by  the  seller,  and  the  purchaser  shall,  within  five 
days  thereafter,  notify  the  seller  to  make  good  such  deficiency,  and 
upon  failure  of  the  seller  to  do  so  within  twenty  days  thereafter,  he 
shall  pay  a  penalty  equal  to  the  value  of  the  goods,  which  penalty 
shall  become  recoverable  by  the  State,  one-half  of  the  penalty  so 
recovered  to  be  paid  to  the  purchaser,  in  the  case  of  a  sale,  and  the 

8  The  portion  within  the  brackets  was  evidently  omitted  from  the  code  by  mistake. 
*  Sec.  18  refers  to  sales  in  bulk. 


SOUTH   CAROLINA  739 

other  half  to  be  paid  into  the  State  treasury,  subject  to  the  order  of 
the  board  of  trustees  of  Clemson  College:  Provided,  If  any  such 
seller  shall  refuse,  decline  or  neglect  to  choose  a  witness  as  herein  pre- 
scribed, after  having  been  notified  or  requested  to  do  so,  then  he,  or 
they,  shall  have  forfeited  the  right  to  do  so,  and  the  purchaser  shall 
select  two  witnesses  who  shall  in  turn  select  a  third,  and  they  shall 
proceed  to  ascertain  said  weight. 

Code,  1922,  Crim.  Code,  Vol.  2,  ch.  3,  p.  46. 

Sec.  175  (1875).  Fraudulent  packing  of  cotton. — Any  person  ox 
persons  convicted  of  knowingly  and  wilfully  packing  into  any  bag 
or  bale  of  cotton  any  stone,  wood,  trash,  cotton,  cottonseed,  water, 
or  any  matter  or  thing  whatsoever,  or  causing  the  same  to  be  done, 
with  the  intent  and  purpose  of  cheating  or  defrauding  any  person 
or  persons  whomsoever  in  the  sale  of  such  cotton,  or  who  shall  ex- 
hibit or  offer  for  sale  any  bag  or  bale  of  cotton  so  fraudulently 
packed,  at  the  time  of  said  exhibit,  or  offer  for  sale  knowing  the 
same  to  be  so  fraudulently  packed,  shall,  on  conviction  thereof,  as 
aforesaid,  be  sentenced  to  pay  a  fine  of  not  more  than  five  hundred 
dollars  nor  less  than  twenty  dollars,  and  to  be  imprisoned  for  a  term 
of  not  more  than  six  months  nor  less  than  one  month. 

Sec.  176  (1878).  Charge  of  breakage  on  weighing  cotton. — Any  per- 
son who  shall  put  and  make  the  charge  known  as  "  breakage  upon 
the  weighing  of  cotton  shall  be  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  not  more  than  twenty-five  dollars, 
or  be  imprisoned  not  more  than  thirty  days,  or  both,  in  the  discre- 
tion of  the  court. 

Sec.  181  (1910).  Unlawful  to  deduct  from  weight  of  cotton;  penalty. — 
It  shall  be  unlawful  for  any  person,  firm  or  corporation  engaged  in 
the  business  of  buying  cotton  in  this  State,  as  principal  or  agent,  to 
deduct  any  sum  for  bagging  and  ties  from  the  weight  or  price  of 
any  bale  of  cotton,  when  the  weight  of  the  bagging  and  ties  does  not 
exceed  six  per  cent  of  the  gross  weight  of  such  bale  of  cotton.  In 
the  event  that  the  weight  of  the  bagging  and  ties  exceed  six  per 
cent  of  the  gross  weight  of  such  bale  of  cotton,  only  the  excess  over 
the  said  six  per  cent  may  be  deducted. 

For  each  and  every  violation  of  this  section,  the  offender  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  in  the  sum  of  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars,  or  imprisoned  not 
less  than  ten  days  nor  more  than  thirty  days:  Provided,  That  this 
section  shall  not  apply  to  what  is  known  in  the  trade  as  round  bales, 
and  bales  of  cotton  which  weigh  less  than  three  hundred  pounds. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  2,  p.  989. 

Sec.  3305  (1889).  Tare  on  cotton  prohibited. — The  custom  of  making 
a  deduction  from  the  actual  weight  of  bales  [of]  unmanufactured 
cotton  as  an  allowance  for  breakage  or  draft  thereon  is  abolished; 
and  all  contracts  made  in  relation  to  such  cotton  shall  be  deemed  and 
taken  as  referring  to  the  true  and  actual  weight  thereof  without  de- 
duction; and  no  tare5  shall  be  deducted  from  the  weight  of  such  bales 
of  cotton  except  the  actual  weight  of  the  bagging  and  ties  used  in 

6  See  sec.  181  of  vol.  2  of  the  code. 


740  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

baling  said  cotton ;  and  whenever  it  shall  be  agreed  between  the 
buyer  and  seller  to  deduct  tare  on  cotton  bales  it  shall  be  as  follows: 
For  bales  of  cotton  covered  with  seven  yards  of  standard  cotton  bag- 
ging and  six  iron.ties,  the  actual  tare  shall  be,  and  is  hereby,  fixed  at 
sixteen  pounds,  and  for  bales  of  cotton  covered  with  seven  yards  of 
standard  jute  bagging  and  six  iron  ties  the  actual  tare  shall  be,  and 
is  hereby,  fixed  at  twenty-four  pounds;  and  when  buyer  and  seller 
agree  to  sell  at  net  weight,  and  when  bales  of  cotton  are  covered  with 
seven  yards  of  standard  cotton  bagging  and  six  iron  ties,  the  actual 
tare  shall  be,  and  is  hereby,  fixed  at  sixteen  pounds,  and  when  bales 
of  cotton  are  covered  with  seven  yards  of  standard  jute  bagging  and 
six  iron  ties,  the  actual  tare  shall  be,  and  is  hereby,  fixed  at  twenty- 
four  pounds. 

Sec.  3314  (1899).  Cotton  bales  weighing  not  less  than  300  pounds 
made  merchantable.— It  shall  be  unlawful  for  any  cotton  buyer  to 
refuse  to  accept  any  bale  of  cotton,  after  he  has  bought  the  same  by 
sample  thereof,  weighing  over  three  hundred  pounds,  provided  same 
corresponds  in  quality  with  sample  bought  by. 

Sec.  3317  (al911).  When  public  cotton  weighers  may  be  elected; 
provisos. — Upon  the  petition  of  fifty  or  more  qualified  electors,  who 
are  freeholders  and  growers  of  cotton  in  any  township  or  parish  in 
which  there  may  be  a  cotton  market,  the  county  board  of  commis- 
sioners of  that  county  shall  annually  elect  one  or  more  public  cotton 
Aveighers  for  said  cotton  markets,  whose  term  of  office  shall  be  for  one 
year  and  until  the  election  and  qualification  of  his  or  their  suc- 
cessors: Provided,  however,  That  there  shall  be  two  public  cotton 
weighers  at  Bishopville,  Lee  County,  who  shall  receive  ten  cents 
per  bale  for  weighing  cotton,  five  cents  to  be  paid  by  the  buyer  and 
five  cents  by  the  seller,  and  who  shall  give  bond,  with  good  and  suffi- 
cient surety,  to  be  approved  by  supervisor,  in  the  sum  of  one  thou- 
sand ($1,000.00)  dollars  each,  conditioned  for  the  faithful  perform- 
ance of  his  duty :  Provided,  That  cotton  weighers  in  the  county  of 
Greenwood  shall  be  elected  to  hold  office  for  two  years,  and  the  cot- 
ton weighers  already  elected  in  Greenwood  County  shall  hold  office 
for  two  years  from  their  election,  and  until  their  successors  are 
elected  and  qualify :  Provided,  That  in  the  county  of  Sumter,  no  per- 
son shall  be  voted  for  or  elected  a  cotton  weigher  who  is  related 
within  the  sixth  degree  by  blood  or  marriage  to  one  or  any  one  of  the 
county  board  of  commissioners  of  said  county:  Provided  further, 
That  if  more  than  one  weigher  be  elected  for  the  city  of  Sumter,  then 
in  such  event  one  of  said  weighers  shall  be  elected  upon  the  nomi- 
nation and  recommendation  thereto  by  the  city  council  of  said  city.6 

Sec.  3318  (al919).  Cotton  weighers. — Before  entering  upon  the 
duties  of  his  office,  each  cotton  weigher  shall  be  legally  sworn  to  dis- 
charge the  duties  of  the  position  by  some  officer  authorized  to  admin- 
ister oaths,  and  shall  enter  into  bond  in  the  sum  of  three  hundred 
dollars  for  the  faithful  performance  of  his  duty,  which  bond  shall 
be  approved  by  the  county  board  of  commissioners  and  filed  with 

8  There  are  a  number  of  laws  similar  to  this  act,  providing  for  the  appointment  or 
election  of  cotton  weighers  for  towns,  cities,  townships,  and  counties,  upon  petition  of 
twenty-five  or  more  electors  concerned  who  are  residents  of  such  political  subdivision. 
These  are  separate  acts,  and  on  account  of  their  local  nature  and  great  length  they  have 
been  omitted  from  this  compilation. 


SOUTH   CABOLIN-A  741 

the  clerk  of  the  court  of  common  pleas  and  general  sessions  for  the 
county  in  which  said  cotton  market  or  markets  may  be  situated. 
Each  weigher  shall  receive  as  compensation  for  his  services  not 
more  than  ten  cents  7  for  each  bale  weighed  by  him,  to  be  fixed  by 
the  commissioners,  the  same  to  be  paid  in  equal  proportion  by  the 
seller  and  buyer,  except  in  those  markets  where  the  weigher  may  be 
paid  by  individuals  or  corporations,  at  which  markets  the  seller  shall 
pay  nothing. 

Sec.  3319  (al906).  Duties  of  weigher;  deputy  weigher. — It  shall  be 
the  duty  of  each  weigher  to  provide  a  platform  and  scales  with 
ample  facilities  for  handling  cotton  with  speed  and  at  minimum 
cost,  at  which  platform  or  platforms  all  cotton  sold  in  said  mar- 
ket or  markets  shall  be  weighed.  It  shall  be  the  duty  of  each 
weigher  to  weigh  fairly  and  promptly  all  cotton  sold  in  said  market 
or  markets,  issuing  his  own  ticket,  showing  the  weight  of  each  bale 
or  package  of  cotton  weighed.  It  shall  be  his  further  duty  to  adjust 
any  difference  between  sellers  and  buyers  as  to  moisture  and  mixed 
or  false  packing.  In  case  of  inability  from  sickness  or  other  cause, 
and  from  the  first  day  of  March  to  the  first  day  of  September  of 
each  year,  a  weigher  may  appoint  a  deputy,  who  shall  take,  before 
entering  upon  his  duties,  the  usual  oath  of  the  office  in  the  manner 
required  of  the  weigher.  The  elected  weigher  shall  be  responsible 
on  his  bond  for  tlje  official  acts  of  his  deputy.  Each  weigher  or  his 
deputy  shall  devote  his  exclusive  attention  to  the  duties  of  his  office 
during  the  cotton  marketing  season.  Each  weigher  shall  test  his 
scales  once  a  month  by  the  standards  in  the  office  of  the  clerk  of 
court  as  provided  by  law :  Provided,  That  the  county  board  of  com- 
missioners may,  for  good  and  sufficient  cause  shown,  remove  any 
such  public  cotton  weigher  from  his  office,  after  first  giving  such 
weigher  at  least  ten  days'  notice  to  show  cause  why  he  should  not  be 
removed;  and  shall  have  power  to  fill  any  vacancy  occurring  in  the 
office  of  public  cotton  weigher,  at  the  first  regular  meeting  of  the 
said  board  after  such  vacancy  occurs:  Provided,  That  nothing 
herein  contained  shall  apply  to  sales  made  on  plantations  or  at 
cotton  mills. 

Sec.  3320  (al907).  Further  duties  of  weigher;  platform  of  weigher. — 
The  cotton  weighers  shall  be  required  to  mark  and  number  each 
bale  of  cotton  as  indicated  by  tags  of  buyer,  and  keep  the  cotton  of 
each  buyer  together  in  order  to  facilitate  prompt  shipment.  No 
cotton  shall  be  allowed  to  remain  on  the  platform  more  than  five 
days,  except  upon  being  subject  to  a  charge  of  one  cent  per  bale 
per  day;  and  cotton  left  on  platform  for  any  time  to  be  at  the 
owner's  risk.  The  platform  for  cotton  weighers  shall  be  furnished 
by  the  county  and  shall  have  a  capacity  of  5,000  bales,  and  the  scales 
on  said  platform  shall  be  approachable  from  at  least  two  sides. 
The  weighers,  as  aforesaid,  shall  render  to  the  county  commissioners 
a  monthly  statement  of  the  cotton  weighed,  and  shall  pay  to  the 
county  treasurer  one  cent  per  bale  for  all  cotton  weighed  by  them, 
for  the  use  of  the  platform. 

'  By  Acts,  1920,  Act  No.  468,  p.  860,  cotton  weighers  in  Greenwood  County  "  shall  be 
paid  for  weighing  cotton  sixteen  cent?  per  bale  ;  one-half  of  said  amount  shall  be  paid  by 
the  buyer  and  one-half  by  the  seller." 


742  LAWS  CONOEBNING  WEIGHTS  AND   MEASURES 

Sec.  3322  (al911).  Exceptions.— The  provisions  of  sections  14 
[3318]  and  15  [3319]  shall  not  apply  to  sales  made  on  plantations 
or  at  cotton  mills,  nor  to  the  counties  of  Charleston,  Laurens, 
Berkeley,  Spartanburg,  Aiken,  Horry,  Georgetown,  Richland, 
Beaufort,  Abbeville,  Newberry,  Oconee,  nor  to  the  town  of  Liberty, 
in  Pickens  County,  or  to  Anderson  Township,  in  Anderson  County : 
Provided,  That  in  the  county  of  Edgefield  for  each  cotton  weigher, 
his  term  of  office  shall  be  for  two  years  from  the  date  of  his  election, 
and  until  his  successor  shall  have  qualified:  Provided  further,  That 
in  the  county  of  Edgefield  the  provisions  of  this  chapter  shall  apply 
to  all  cotton  sold  or  stored  in  warehouses. 

Sec.  3365. s  Public  cotton  platform;  cotton  weigher  elected,  when; 
duties;  deputy;  proviso. — In  every  city  of  more  than  twenty  thou- 
sand and  less  than  fifty  thousand  inhabitants,  as  shown  by  the 
last  preceding  United  States  census,  and  within  the  township  in 
which  such  city  is  situated,  the  purchase  and  sale  of  cotton  in  bales 
shall  be  regulated  by  the  provisions  of  this  section.  The  county 
board  of  commissioners  shall  cause  to  be  maintained  a  public  cotton 
platform  adequate  to  hold  not  less  than  three  thousand  (3,000)  bales 
of  cotton,  said  platform  to  have  a  substantial  roof,  sufficient  number 
of  suitable  scales,  and  to  be  located  as  accessibly  as  possible  to  the 
railroad,  or  railroads,  and  to  the  neighboring  cotton  warehouse,  or 
warehouses  and  compresses,  if  any,  for  the  convenient  handling  of 
cotton  from  said  platform  to  freight  trains  and  to  such  cotton  ware- 
houses or  compresses,  said  platform  to  be  open  and  accessible  to 
wagons,  the  cost  of  maintenance  of  the  same  to  be  paid  by  the  county 
board  of  commissioners  out  of  funds  in  their  hands.  The  said  county 
board  of  commissioners  shall,  on  or  before  the  first  day  of  July, 
1911,  and  every  four  years  thereafter,  elect  and  commission  for  the 
term  of  four  years  one  cotton  weigher  for  such  city  and  township : 
Provided,  That  said  cotton  weigher  shall  not  be  related  within  the 
sixth  degree  to  any  member  of  said  board  of  county  commission- 
ers. *  *  *  Said  cotton  weigher  shall  have  a  night  watchman  on 
duty  at  said  platform  from  sunset  to  sunrise  of  every  day,  and  shall 
employ  one  assistant  for  every  day  from  September  1st  to  December 
31st,  and  may  have  other  assistants  during  the  year.  He  shall  fre- 
quently test  the  scales  at  said  platform  and  keep  them  accurate,  and 
shall  weigh  promptly  and  fairly  all  cotton  offered  to  him  and  mark 
each  bale  of  cotton  as  indicated  by  tag  of  buyer  and  number  of  each 
bale  of  cotton,  and  keep  together  all  the  cotton  of  the  several  buyers 
separate  and  apart  from  each  other,  so  as  to  facilitate  prompt  ship- 
ment, and  issue  ticket  showing  number,  mark  and  weight  of  every 
bale  weighed  by  him,  and  adjust  any  differences  between  sellers  and 
buyers  as  to  moisture  and  mixed  or  false  packing.  Said  cotton 
weigher  shall  represent  neither  buyer  nor  seller  of  the  cotton  weighed 
nor  be  interested  in  any  purchase  or  sale,  except  in  cotton  from  his 
own  farm,  and  shall  receive  and  charge  for  his  services  and  the  use 
of  the  platform,  fifteen  cents  for  each  bale  weighed  by  him,  seven 
cents  to  be  paid  by  the  seller  and  eight  cents  to  be  paid  by  the  buyer, 
and  for  such  cotton  as  may  remain  on  the  platform  for  more  than 
three  days  the  said  weigher  shall  collect  an  additional  charge  of  one 

8  See  footnote  on  p.  740. 


SOUTH   CAROLINA  743 

cent  per  bale  for  every  additional  day,  to  be  paid  by  the  owner,  all 
cotton  to  be  at  the  risk  of  the  weigher,  loss  by  fire  excepted,  for  the 
first  three  days,  and  thereafter  at  the  risk  of  the  owner.  The  said 
cotton  weigher  shall,  during  the  cotton  season,  maintain  a  blanket 
insurance  to  cover  at  least  fifty  bales  of  cotton  left  upon  the  plat- 
form for  sale,  and  shall  compensate  himself  for  the  cost  of  such  in- 
surance by  deducting  the  amount  thereof  from  the  charge  hereinafter 
provided  to  be  collected  for  the  use  of  the  platform  by  cotton  re- 
maining thereon  more  than  three  days.  The  public  cotton  weigher, 
herein  provided  for,  shall  appoint  a  deputy  to  serve  in  his  place 
during  necessary  absence  by  sickness  or  otherwise,  such  appointment 
to  be  approved  by  the  board  of  county  commissioners,  which  deputy 
shall  take  the  usual  oath  of  office,  the  bond  of  the  cotton  weigher 
being  liable  for  the  official  acts  of  such  deputy.  The  public  cotton 
weigher  shall  weigh,  inspect  and  sample  before  sale  every  bale  of 
cotton  brought  to  said  platform  for  sale,  and  no  cotton  shall  be  sold 
until  after  it  has  been  so  weighed  and  inspected.  All  cotton  in  bales 
weighed  in  such  city  or  township  for  sale  therein  and  purchased  in 
such  city  or  township  at  weights  ascertained  by  weighing  in  such  city 
or  township  (it  being  intended  hereby  not  to  include  under  the 
terms  herein  cotton  bought  upon  weights  stated  in  bills  of  lading  of 
shipments  to  said  city  or  town)  shall  be  brought  to  said  platform 
for  sale,  and  no  cotton  in  bales  shall  be  sold  or  purchased  in  such 
city,  town  or  township  by  any  seller  or  purchaser  or  agent,  except 
upon  certificate  that  it  has  been  weighed  and  inspected  at  such  plat- 
form by  the  public  cotton  weigher  or  deputy :  Provided,  That  the 
provisions  of  this  section  shall  not  apply  to  cotton  sold  by  regular 
cotton  dealers  out  of  recognized  cotton  warehouses  or  cotton  com- 
presses in  such  city,  town  or  township,  or  to  cotton  weighed  upon 
plantations  or  at  gin-houses  or  bought  upon  the  faith  of  weights 
guaranteed  by  the  sellers.  *  *  *  The  county  board  of  commis- 
sioners shall  have  power  to  remove  from  his  office  the  said  cotton 
weigher  after  at  least  three  days'  notice  why  he  should  not  be  re- 
moved, and  on  sufficient  cause  being  shown,  and  said  board  shall  fill 
any  vacancy  in  a  manner  hereinabove  provided  for  the  election  of  a 
cotton  weigher. 

Sec.  3366.  Misdemeanor  to  violate  provisions  herein.— -Any  and  every 
person,  for  himself  or  as  agent,  and  any  corporation,  who  shall  sell 
or  buy  in  such  city  or  township  any  cotton  bale  or  bales  contrary  to 
the  provisions  of  section  1  [3365]  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  punished  by  a  fine  of  not  exceeding 
fifty  dollars,  or  imprisonment  for  not  exceeding  ten  days  for  each 
offense. 

Sec.  3367.  Duty  of  sheriff  and  rural  policemen  to  enforce  law. — It 
shall  be  the  special  duty  of  the  sheriff,  and  rural  policeman,  if  any, 
and  the  magistrates'  constables  in  the  county  in  which  such  city  may 
be  situate,  and  of  the  city  policemen,  to  be  on  the  lookout  for  viola- 
tions of  the  provisions  of  this  article,  and  upon  information  or  belief 
to  swear  out  warrants  and  cause  prosecutions  for  the  same;  and  it 
shall  likewise  be  the  duty  of  the  solicitor  and  of  the  city  attorney  to 
prosecute  in  such  cases. 

Sec.  3368  (1916).  Public  weighers  for  farm  products  permitted  in  cer- 
tain cities. — That  upon  the  petition  of  at  least  fifty  freeholders  of 


744  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

any  township  within  the  State  in  which  is  located  a  town  or  city  of 
five  thousand  (5,000)  inhabitants  or  more,  shall  be  appointed  a 
public  weigher  for  livestock  of  all  descriptions  and  all  other  farm 
products  offered  for  sale  on  the  market  of  such  town  or  city:  Pro- 
vided, That  the  said  weighers  shall  be  appointed  by  the  governor, 
upon  the  recommendation  of  the  town  council  of  said  town  or  city. 

Sec.  3370.  Fees  for  services,  by  whom  paid;  not  to  weigh  lint  cotton 
in  bales;  other  weighers  allowed. — That  said  Weighers  shall  be  en- 
titled to  charge  and  receive  the  following  fees  for  his  services:  For 
each  hog  weighed  by  him,  five  cents ;  for  each  cow  weighed  by  him, 
ten  cents ;  for  each  sheep,  goat  or  other  like  animal  weighed  by  him, 
five  cents;  for  each  load  of  hay,  ten  cents,  and  other  farm  products 
at  the  same  rate.  One-half  of  all  such  fees  to  be  paid  by  the  pur- 
chaser, the  other  half  to  be  paid  by  the  seller.  The  provisions  of 
the  two  foregoing  sections  are  not  intended  to  apply  to  lint  cotton  in 
bales:  Provided,  That  nothing  herein  shall  prevent  any  person 
or  persons  from  accepting  the  weights  of  other  weighers. 

Sec.  3371.  Certificates  to  be  issued. — That  such  weigher  shall  issue 
to  the  persons  for  whom  he  makes  weights  a  certificate  of  the  true 
weight  of  each  article  so  weighed  by  him,  affixing  thereto  the  date 
when  made  and  his  official  signature. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  5,  p.  1035. 

Sec.  3434  (1859).  Regulations  as  to  barrels,  etc. — Every  cask  or 
barrel  containing  flour  or  meal  of  wheat,  rye  or  corn  brought  into  or 
manufactured  in  the  city  of  Charleston  for  sale  shall  be  well  made, 
of  good  seasoned  materials,  and  sufficiently  hooped  and  nailed;  and 
the  said  inspector  shall  cause  all  casks  or  barrels  not  made  as  afore- 
said, and  not  in  merchantable  condition,  but  capable  of  being  made 
so  at  a  reasonable  expense,  to  be  repaired  and  put  in  merchantable 
condition  at  the  expense  of  the  owner  thereof. 

Sec.  3435.  Quantity  of  flour  in  barrel. — Every  barrel  submitted  for 
inspection  as  aforesaid  shall  contain  such  quantity  of  flour  or  meal  as 
upon  inspection  shall  be  found  to  be  of  the  net  weight  of  one  hundred 
and  ninety-six  pounds ;  and  each  and  every  half  barrel  shall  contain 
such  quantity  as  shall  be  of  the  net  weight  of  ninety-eight  pounds; 
and  the  said  inspector  shall  cause  all  barrels  or  half  barrels  containing 
a  less  quantity  to  be  made  of  full  weight  at  the  expense  of  the  owners 
thereof. 

Sec.  3446  (1880).  Standard  weight.— -It  shall  be  the  duty  of  the  in- 
spector to  weigh  a  suitable  number  of  barrels  of  each  lot  of  flour 
inspected,  to  be  assured  that  they  contain  the  full  weight  of  one  hun- 
dred and  ninety-six  (196)  pounds,  and  no  inspector  shall  use  the 
brand  of  the  Charleston  Chamber  of  Commerce  on  any  flour  in  bar- 
rels that  is  of  less  weight  than  one  hundred  and  ninety-six  (196) 
pounds  to  the  barrel.  For  such  inspection,  weighing,  and  branding, 
the  inspector  shall  receive  two  (2)  cents  per  barrel  or  bag  for  each 
and  every  barrel  or  bag  so  inspected,  weighed  and  branded,  to  be 
paid  by  the  party  requesting  the  same  to  be  done,  and  the  same  fee  on 
re-inspection. 

Sec.  3450  (1823).  City  council  of  Charleston  to  regulate  sale  of 
grain. — The  city  council  of  Charleston  shall  have  full  power  and 
authority  to  regulate  and  control  the  sale  of  grain  by  measurement 


SOUTH   CAROLINA  745 

or  weight,  or  both,  sold  within  the  corporate  limits  of  the  city,  in 
such  manner  as  will  insure  a  fair,  equal  and  uniform  sale  and  meas- 
urement of  the  same. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  6,  p.  1041. 

Sec.  3456  (1876).  Gauging  of  certain  liquors  sold  in  Charleston;  ap- 
pointment and  term  of  gauger. — All  oils,  molasses,  syrups,  wines,  vine- 
gar and  liquors  (not  domestic)  sold  in  the  city  of  Charleston,  either 
by  the  hogshead,  pipe,  puncheon,  barrel,  cask,  keg  or  tank,  shall, 
before  their  delivery,  be  gauged  by  a  sworn  gauger,  elected  by  the 
city  council  of  Charleston,  whose  term  of  office  shall  be  for  four 
years. 

Sec.  3461  (1856).  Duty  of  inspector  to  examine  crude  turpentine, 
etc. — It  shall  be  the  duty  of  the  inspector  of  naval  stores  for  the 
city  of  Charleston  to  examine  and  inspect  any  crude  turpentine  or 
rosin  of  grades  other  than  those  known  as  "  common  "  or  "  number 
two,"  which  may  be  offered  for  sale  in  the  city  of  Charleston,  and 
which  may  be  submitted  for  examination  by  the  owner  or  other  per- 
son having  charge  of  the  same. 

Sec.  3462.  Inspector  to  weigh,  search,  try,  and  brand  turpentine  or 
rosin. — Every  barrel  of  crude  turpentine  or  rosin  submitted  to  an 
inspector  as  aforesaid  shall  be  by  him  weighed  and  searched,  and 
tried,  and  the  inspector  shall  brand  every  such  barrel  or  cask  with 
the  word  "  Charleston,"  and  shall  brand  thereon,  in  characters  known 
to  the  trade,  the  quality  of  said  turpentine  or  rosin,  together  with 
the  weight  of  the  same  expressed  in  figures,  and  every  barrel  of 
rosin  and  turpentine  shall  be  cleaned,  strained  and  merchantable, 
without  chips,  leaves,  filth,  or  dirt. 

Sec.  3463.  Fees  allowed  inspector;  lien  for  fees. — For  every  barrel  of 
turpentine  or  rosin  weighed  by  the  inspector,  he  shall  be  entitled  to 
three  cents',  and  for  every  barrel  inspected  and  branded  as  herein 
directed,  three  and  one-quarter  cents,  to  be  paid  by  the  owner  of 
said  turpentine  or  his  agent,  and  the  inspector  shall  have  a  lien  on 
said  barrels  for  the  amount  due. 

Sec.  3464  (1870).  Weight  of  barrel  of  crude  turpentine;  quality  of 
tar  to  barrel. — In  the  absence  of  satisfactory  proof  of  a  special  stipu- 
lation to  the  contrary,  it  shall  be  presumed  and  held  that  the  quan- 
tity and  weight  of  crude  turpentine  to  make  a  barrel  thereof  is  two 
hundred  and  eighty  pounds,  and  that  the  quantity  of  tar  to  make  a 
barrel  thereof  is  thirty-two  gallons. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  7,  p.  1043. 

Sec.  3469  (1746).  Size  and  contents  of  pork  and  beef  barrels. — Every 
barrel  of  pork  or  beef  packed  and  sold  in  this  State  shall  contain 
thirty  gallons  and  two  hundred  pounds  weight  of  wholesome,  well- 
cured  meat  in  the  same,  which  shall  be  weighed  by  the  packers,  and 
well  packed  with  salt  and  pickle,  each  piece  not  to  weigh  more  than 
eight  pounds,  and  not  to  be  cut  or  mangled  further  than  to  take  out 
the  kernels  or  where  the  bones  require  it,  and  not  more  than  two 
heads  in  one  barrel  of  pork.  No. beef's  heads  or  shanks  shall  at  all 
be  packed. 

Sec.  3474.  Size  of  pipe  staves,  etc. — All  staves  to  be  made  for  ex- 
portation, and  all  shingles  which  shall  be  offered  for  sale  in  this 
State,  shall  be  made  of  good  and  sound  timber,  and  shall  be  of  the 


746  LAWS  CONCERNING   WEIGHTS   AND   MEASURES       ' 

following  dimensions,  to  wit:  Each  pipe  stave  to  be  made  of  white 
oak,  fifty-eight  inches  long,  and  not  less  than  three-quarters  of  an 
inch  thick  at  the  thin  edge,  and  three  inches  broad,  clear  of  sap; 
each  hogshead  stave  to  be  made  of  red  or  white  oak,  forty-two  inches 
long,  not  to  be  less  than  three-quarters  of  an  inch  thick  at  the  thin 
edge,  and  four  inches  broad,  clear  of  sap ;  and  each  barrel  stave,  of 
red  or  white  oak,  to  be  thirty  inches  long,  not  to  be  less  than  half 
an  inch  at  the  thin  edge,  and  four  inches  broad,  clear  of  sap;  and 
each  shingle  to  be  twenty-two  inches  in  length,  and  not  less  than  half 
an  inch  thick  at  the  thick  end,  and  well  shaved,  so  as  not  to  be  wind- 
ing, and  not  less  than  three  inches  and  a  half  broad,  clear  of  sap. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  8,  p.  1045. 

Sec.  3475  (1855).  Rules  for  measuring  timber  and  lumber;  "side  and 
edge  measurement "  illegal. — All  ranging  timber  bought  or  sold  in 
the  markets  of  this  State  shall  be  by  board  or  superficial  measure- 
ment; and  any  person  or  persons  who  shall  buy  or  sell  ranging 
timber  in  or  for  the  markets  of  Charleston  or  Georgetown,  or  any 
other  public  market  in  this  State,  by  the  rule  known  as  "  side  and 
edge  measurement,"  that  is  to  say,  by  adding  the  side  to  the  edge, 
multiplying  by  the  length,  and  dividing  by  twelve  [(side  +  edge) 
X  length  -=-  twelve]  shall  be  fined  for  every  such  act  of  buying  or 
selling  not  less  than  one  hundred  dollars  and  not  more  than  three 
hundred  dollars. 

Sec.  3476  (1853).  No  timber  to  be  sold  except  by  board  measure. — No 
timber  shall  be  sold  or  purchased  in  the  city  of  Charleston  by  any 
mode  of  measurement  except  that  denominated  board  or  superficial 
measurement  (unless  by  special  contract  between  the  parties),  which 
shall  alone  be  done  by  the  inspectors  or  surveyors  of  timber  in  the 
city  of  Charleston. 

Sec.  3477.  Inspectors  elected  annually. — The  city  council*of  Charles- 
ton and  the  town  councils  of  Beaufort,  Port  Royal,  and  Georgetown, 
shall  each  elect  annually,  for  their  respective  municipalities,  one  or 
more  inspectors  and  surveyors  of  timber,     *     *     * 

Sec.  3478  (al856).  Inspectors  to  measure  timber  as  herein  directed. — 
It  shall  be  the  duty  of  the  said  surveyors  and  inspectors  to  measure 
all  timber  in  the  manner  aforesaid  brought  for  sale  to  the  city  of 
Charleston,  at  the  request  of  any  person  owning  or  buying  the  same, 
and  shall  give  a  certificate  to  such  person,  specifying  the  quality, 
and  kind,  and  quantity  of  such  timber,  and  the  number  of  pieces  in 
each  lot;  which  certificate  shall  be  evidence  of  the  matters  stated 
therein,  as  between  the  owner  and  purchasers  thereof.  But  nothing 
herein  contained  shall  prevent  any  person  or  persons  from  buying  or 
selling  timber  in  bulk  without  measurement. 

Sec.  3479  (1877).  Lumber  to  be  inspected  by  licensed  measurers. — All 
timber  and  lumber  brought  to  market  for  sale  at  the  ports  of  Charles- 
ton, Port  Royal,  Beaufort,  and  Georgetown,  shall  be  measured  and 
inspected  by  one  of  the  licensed  measurers,  selected  by  the  seller  and 
buyer  jointly ;  and  the  measurer  so  selected  shall  be  entitled  individ- 
ually to  the  fee  earned  by  him;  ahd  the  manner  of  inspection  and 
classification  of  both  timber  and  lumber  shall  be  such  as  may  be 
agreed  upon  between  the  buyer  and  seller. 


SOUTH   CAROLINA  747 


Should  the  buyer  fail  to  agree  to  the  selection  of  a  measurer,  then 
the  measurement  and  inspection  and  classification  may  be  made  by 
any  official  measurer. 

Sec.  3480.  Fees. — The  fees  to  be  received  by  the  measurers  shall  not 
exceed  the  following-  rates,  viz:  Ten  (10)  cents  per  thousand  feet 
for  all  square,  hewn,  or  round  timber;  ten  (10)  cents  per  thousand 
feet  for  all  lumber  measured  by  bulk  measurement  in  rafts ;  and 
twenty-five  (25)  cents  per  thousand  feet  for  all  lumber  measured  and 
inspected  by  the  piece;  the  expense  of  measuring  fees  to  be  equally 
divided  between  the  buyer  and  seller. 

Code,  1922,  Vol.  3,  ch.  35,  Art.  10,  p.  1051. 

Sec.  3497  (1910).  Weight  to  be  marked  on  packages  of  feeding  stuff. — 
Every  lot  or  parcel  of  concentrated  commercial  feeding  stuff  sold, 
offered  or  exposed  for  sale  within  this  State  shall  have  affixed 
thereto,  or  printed  thereon  in  a  conspicuous  place  on  the  outside 
thereof,  a  legible  and  plainly  printed  statement,  in  the  English  lan- 
guage, clearly  and  truly  certifying  the  weight  of  the  package  (pro- 
vided that  all  concentrated  commercial  feeding  stuffs  shall  be  in 
standard  weight  bags  or  packages  of. 25, .50,  75,  100,  125,  150,  175 
or  200  pounds) ;  the  name,  brand  or  trade-mark  under  which  the 
article  is  sold ;  the  name  and  address  of  the  manufacturer,  jobber  or 
importer     *     *     * 

Code,  1922,  Vol.  3,  ch.  62,  Art.  5,  p.  1467. 

Sec.  4866  (1906).  Consignees  of  coal,  etc.,  may  have  same  reweighed 
by  commissioner. — Any  consignee  of  coal  or  other  articles  to  be  de- 
livered to  him  in  carload  lots  by  any  common  carrier  at  any  point 
within  the  limits  of  this  State  where  such  common  carrier  main- 
tains track  scales,  shall  have  the  right  to  demand  that  such  coal  or 
other  articles  be  reweighed  before  delivery  to  him  by  said  common 
carrier;  and  it  shall  be  the  duty  of  such  common  carrier,  within 
forty-eight  hours  after  such  demand,  to  reweigh  the  same  and  de- 
liver to  such  consignee  a  written,  or  partly  written  and  partly 
printed,  statement,  showing  the  true  weight  thereof. 

Sec.  4867.  Penalty  for  failure  to  have  coal  reweighed. — Any  common 
carrier  refusing  or  failing  to  comply  with  any  of  the  provisions  of 
section  26  [4866]  shall  forfeit  the  right  to  any  freight  incurred 
through  transportation  of  such  coal  or  other  article,  or  in  the  event 
that  such  freight  shall  have  been  prepaid,  shall  be  liable  as  a  penalty 
to  the  said  consignee  for  the  amount  of  freight  so  prepaid,  to  be 
recovered  by  suit  in  any  court  of  competent  jurisdiction. 

Sec.  4868.  No  demurrage  after  demand  that  coal  be  reweighed. — No 
demurrage  or  other  similar  charges  shall  be  made  by  any  common 
carrier  against  a  consignee  making  the  demand  specified  in  section 
26  [4866],  between  the  time  of  the  making  of  such  demand  and  the 
time  of  delivery  by  such  common  carrier  to  said  consignee  of  the 
statement  required  in  said  section. 

Sec.  4869.  Common  carriers  to  maintain  scales  under  certain  condi- 
tions.— It  shall  be  the  duty  of  any  common  carrier  doing  business  in 
this  State,  upon  demand  of  any  party  or  any  industrial  enterprise 
having  a  sidetrack  adjacent  to  and  used  in  connection  with  the  busi- 
ness of  the  said  party  or  industrial  enterprise,  to  erect  and  maintain 


748  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

on  the  said  sidetrack  suitable  scales  for  reweighing  the  said  coal  or 
other  articles,  in  car-load  lots :  Provided,  however,  The  said  party  or 
industrial  enterprise  shall  agree  and  become  liable  to  the  said  com- 
mon carrier  to  pay  the  amount  incurred  by  said  common  carrier  in 
the  erection  and  maintenance  of  the  said  scales.  In  such  event,  it 
shall  be  the  duty  of  the  said  common  carrier  to  re  weigh  such  coal  or 
other  articles  delivered  in  car-load  lots  to  the  said  party  or  indus- 
trial enterprise  upon  said  sidetrack,  as  provided  for  in  section  26 
[4866] .  Upon  refusal  so  to  weigh,  the  said  common  carrier  shall  be 
liable  for  the  same  penalties  heretofore  provided  in  sections  26  to  29 
[4866  to  4869]  inclusive. 

Sec.  4870  (1912).  Track  and  platform  scales,  jurisdiction  of. — All 
railroad  track  and  platform  scales,  which  are  used  in  connection  with 
shipping,  are  hereby  placed  under  the  jurisdiction  of  the  railroad 
commission,  for  inspection,  and  to  require  new  scales  when  needed, 
and  to  require  the  installation  of  such  scales  whenever  in  their  opin- 
ion same  is  necessary  for  the  needs  of  the  public.  A  failure  or 
refusal  to  carry  out  instructions  of  said  commission,  in  reference  to 
said  scales,  shall  be  punished  by  a  penalty  of  two  hundred  dollars  for 
each  refusal,  to  be  recovered  by  suit  in  any  court  of  competent  juris- 
diction by  any  person  or  corporation  aggrieved;  and  any  sum  so 
recovered  shall  be  turned  into  the  State  treasury  for  general  use. 

i 


. 


■ 
- 


. 


• 


' 


SOUTH  DAKOTA 


Laws,  1919,  ch.  358,  p.  437. 

Sec.  1.  Contracts,  how  construed  regarding  weights  and  measures. — 
All  contracts,  sales,  purchases  or  any  other  transaction  having  for 
its  purpose  the  exchange  of  commodities  or  work  to  be  clone  by  weight 
or  measure,  shall  be  taken  and  construed  according  to  the  standard 
of  weights  and  measures  hereby  adopted  as  the  standard  of  this  State, 
and  it  shall  be  unlawful  to  make  contracts,  sales  or  purchases  or  en- 
gage in  any  such  transaction  contrary  to  the  provisions  of  this  act. 

Sec.  2.  Standards,  source  and  verification;  standard  metric  measures. — 
The  weights  and  measures  received  from  the  United  States  under  a 
resolution  of  Congress  approved  June  14,  1836,  and  such  new  weights 
and  measures  as  shall  be  received  from  the  United  States  as  standard 
weights  and  measures  in  addition  thereto  or  in  renewal  thereof,  and 
such  as  shall  be  supplied  by  the  State  in  conformity  therewith  and 
certified  to  by  the  National  Bureau  of  Standards  shall  be  the  State 
standards  of  weight  and  measure.  Nothing  in  this  act  shall  prohibit 
the  use  of  standard  metric  measures. 

Sec.  3.  State  treasurer  to  take  charge  of  standards ;  verification  and 
record ;  duplicate  standards. — The  State  treasurer x  shall  take  charge  of 
the  standards  adopted  by  this  act  as  the  standards  of  the  State,  and 
cause  them  to  be  kept  in  a  fire  proof  building  belonging  to  the  State 
and  from  which  they  shall  not  be  removed  except  for  repairs  or  for 
certification,  and  he  shall  take  all  other  necessary  precautions  for  their 
safekeeping.  He  shall  maintain  the  State  standards  in  good  order 
and  shall  submit  them  at  least  once  in  ten  years  to  the  National  Bu- 
reau of  Standards  for  certification.  He  shall  keep  a  complete  record 
of  the  standards,  balances  and  other  apparatus  belonging  to  the 
State  and  take  a  receipt  for  same  from  his  successor  in  office.  Such 
standards  shall  be  used  only  for  testing  any  duplicate  standards  that 
may  be  required  in  the  enforcement  of  this  act. 

Sec.  4.  Units  of  standard  measure;  yard,  pole,  perch,  mile,  chain,  links, 
acre,  square  mile. — The  units  or  standard  measures  of  length  and  sur- 
face from  which  all  other  measures  of  extension,  whether  lineal, 
superficial  or  solid,  shall  be  derived  and  ascertained,  are  the  stand- 
ards of  length  designated  in  this  act.  For  measures  of  cloth  and 
other  commodities  commonly  sold  by  the  yard,  the  yard  may  be 
divided  into  halves,  quarters,  eighths,  and  sixteenths.  The  rod,  pole 
or  perch  contains  five  and  one-half  yards;  the  mile,  one  thousand 
seven  hundred  sixty  yards.  A  chain  for  measuring  land  is  twenty- 
two  yards  long  and  is  divided  into  one  hundred  equal  parts  called 
links.  The  acre  for  land  measure  shall  be  measured  horizontally 
and  contain  ten  square  chains,  equivalent  in  area  to  a  rectangle 
sixteen  rods  in  length  and  ten  rods  in  breadth ;  six  hundred  and  forty 
acres  being  contained  in  a  square  mile. 
—     .  _ 

*  See  Laws,  1925,  ch.  115,  infra. 

749 


750 


LAWS  CONCERNING  WEIGHTS   AND  MEASURES 


Sec.  5.  Standards  of  weight;  hundredweight,  ton. — The  units  or 
standards  of  weight,  from  which  all  other  weights  shall  be  derived 
and  ascertained,  shall  be  the  standard  weights  designated  in  this 
act.  The  hundred-weight  consists  of  one  hundred  avoirdupois 
pounds  and  twenty  hundred-weight  are  a  ton.  Whenever,  hereafter, 
in  this  act  the  word  "  pound  "  is  used  it  shall  mean  the  avoirdupois 
pound  unless  otherwise  distinctly  specified. 

Sec.  6.  Bushel  weights;  fractional  parts. — Whenever  any  of  the  arti- 
cles or  commodities  mentioned  in  this  section  shall  be  bought,  sold 
or  dealt  in  by  the  bushel  or  fractional  part  thereof  the  measure 
thereof  shall  be  determined  by  avoirdupois  weight,  and  a  bushel  of 
each  of  the  respective  articles  mentioned  in  this  section  shall  mean 
the  amount  of  weight  of  each  article  herein  specified,  as  follows : 2 

Pounds 

Apples 48 

Apples,  dried 24 

Alfalfa  seed 60 

Barley 48 

Beans,  dried 60 

Beans,  green,  unshelled 50 

Beans,  Lima,  dried 56 

Beets 56 


Blue  grass  seed 14 

Bromus  inermus 14 

Broom  corn  seed 50 

Buckwheat 48 

Carrots 50 

Castor  beans,  shelled. 50 

Clover  seed 60 

Corn  meal 50 

Corn  on  cob  (field) 70 

Corn,  shelled  (field) 56 

Cucumbers 48 

Flax  seed .  56 

Grapes,  with  stems.  . 40 

Hemp  seed 44 

Hickory  nuts,  hulled 50 

Hungarian  grass  seed 50 

Kaffir  corn 56 

Lime 80 

Millet  seed 50 

Oats 32 

Onion  bottom  sets 32 

Onion  top  sets 30 

.  Onions 52 


Founds 

Orchard  grass  seed 14 

Osage  orange  seed ' 32 

Parsnips 48 

Peaches 48 

Peaches,  dried 33 

Peanuts 20 

Pears 45 

Peas,  dried 60 

Peas,  green,  unshelled 56 

Plums 48 

Popcorn  on  the  ear 70 

Popcorn,  shelled 10 56 

Potatoes. 60 

Quinces 48 

Radish  seed 50 

Rape  seed . 50 

Red  top  seed 14 

Rutabagas 50 

Rye 56 

Salt,  coarse 80 

Sand 130 

Spelts 45 

Sorghum  seed 50 

Sweet  corn 50 

Sweet  potatoes 54 

Timothy  seed 45 

Tomatoes 50 

Turnips 55 

Walnuts,  black  hulled 50 

Wheat 60 

All  root  crops  nor  specified  above.  50 


It  shall  be  unlawful  in  buying  to  take  any  greater  number  of 
pounds  or  in  selling  to  give  any  less  number  of  pounds  to  the  bushel, 
than  is  in  this  section  allowed  and  provided,  and  no  test  for  moisture 
shall  be  used  to  change  the  standards  herein  provided.  If  any  of 
the  foregoing  articles  or  commodities  are  bought,  sold  or  dealt  in 
by  the  one-half  bushel,  peck,  half  peck,  quarter  peck,  quart  or  pint, 
the  one-half  bushel,  peck,  half  peck,  quarter  peck,  quart  or  pint  shall 
be  by  weight  and  shall  be  derived  from  the  weights  per  bushel  as 
prescribed  for  such  articles  or  commodities  in  this  section,  and  shall 
be  determined  by  successively  dividing  such  weight  by  two. 

Sec.  7.  Dockage  for  dirt,  etc.,  how  ascertained;  excess  cob,  amount 
allowed. — When,  in  the  purchase,  sale  or  delivery  of  any  grain,  seed 
or  any  other  agricultural  product,  excepting  corn  on  cob  (field)  a 


2  A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


SOUTH  DAKOTA  751 

dockage  or  discount  is  taken  for  dirt,  foul  seed  or  any  other  substance 
or  mixture,  such  dockage  must  be  according  to  the  per  cent  of  such 
dirt,  foul  seed,  or  other  substance  or  mixture  present  in  the  grain, 
seed  or  other  agricultural  product,  which  per  cent  must  be  deter- 
mined by  the  careful  sifting  and  grading  of  a  truly  representative 
sample  of  said  grain,  seed  or  other  agricultural  product.  No  greater 
dockage  shall  be  taken  than  the  proportion  of  dirt,  foul  seed  or  other 
substance  or  mixture  which  shall  be  found  by  such  careful  sifting 
and  grading.  When  in  the  purchase,  sale  or  delivery  of  corn  on 
cob  (field)  dockage  or  discount  for  excess  cob  is  taken  it  shall  only 
be  taken  when  the  standard  bushel  contains  more  than  fourteen 
pounds  of  cobs.  Said  dockage  shall  be  computed  in  terms  of  pounds 
to  the  standard  bushel  and  be  determined  by  careful  shelling  of  a 
weighed  standard  bushel,  or  an  amount  of  like  proportion. 

Sec.  8.  Barrel  for  liquids;  hogshead;  gallon;  barrel  of  flour,  and  sub- 
divisions; barrel  of  potatoes;  barrel  of  unslaked  lime;  standard  barrel 
for  apples,  pears,  and  other  fruit. — 1.  A  barrel  for  liquid  shall  contain 
thirty-one  and  one-half  gallons,  and  a  hogshead  two  barrels. 

2.  A  liquid  gallon  shall  contain  two  hundred  and  thirty-one  cubic 
inches. 

3.  A  barrel  of  flour  measured  by  weight  shall  contain  one  hundred 
ninety-six  pounds ;  one-half  barrel,  ninety-eight  pounds ;  one-quarter 
barrel,  forty-nine  pounds;  one-eighth  barrel,  twenty-four  and  one- 
half  pounds,  and  one-sixteenth  barrel,  twelve  and  one-fourth  pounds. 

4.  A  barrel3  of  potatoes  or  other  vegetables  shall  be  the  same 
as  the  standard  barrel  for  apples  or  pears  or  other  fruit  as  provided 
in  subsection  6  of  this  section. 

5.  A  barrel  of  unslaked  lime  shall  contain  two  hundred  pounds. 

6.  The  standard  barrel  for  apples  or  pears  or  other  fruit  unless 
otherwise  specifically  defined,  shall  have  an  interior  capacity  of 
seven  thousand  and  fifty-six  cubic  inches,  and  shall  not  be  less 
than  twenty-six  inches  between  the  heads  inside;  the  diameter  of 
the  heads  shall  be  seventeen  and  one-eighth  inches,  including  the 
beveled  edge;  the  outside  bulge  or  circumference  shall  be  not  less 
than  sixty-four  inches,  the  thickness  of  the  staves  being  four-tenths 
of  an  inch:  Provided,  however,  That  any  barrel  of  different  form, 
having  the  same  distance  between  heads  and  a  capacity  of  seven 
thousand  and  fifty-six  cubic  inches,  shall  be  a  legal  barrel. 

Sec.  9.  Coal,  coke,  and  charcoal,  sale  by  weight;  delivery  ticket. — It 
shall  be  unlawful  to  sell  or  offer  to  sell  except  at  the  mine  any  coal, 
coke,  or  charcoal  in  any  other  manner  than  by  weight.  It  shall  be 
unlawful  for  any  person  to  deliver,  except  at  the  mine  any  coal,  coke 
or  charcoal  without  each  such  delivery  being  accompanied  by  a 
delivery  ticket  and  a  duplicate  thereof,  on  each  of  which  shall  be  in 
ink  or  other  indelible  substance,  distinctly  expressed  in  pounds,  the 
gross  weight  of  the  load,  the  tare  of  the  delivery  vehicle  and  the 
quantity  or  quantities  of  coal,  coke,  or  charcoal  contained  in  the 
vehicle  used  in  such  deliveries,  with  the  name  of  the  purchaser 
thereof,  and  the  name  of  the  dealer  from  whom  purchased.  One  of 
these  tickets  shall  be  delivered  to  the  said  purchaser  of  said  coal, 
coke,  or  charcoal,  or  his  agent  or  representative  at  the  time  of  the 

'  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 
517—27 48 


752  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

delivery  of  the  fuel;  and  the  other  ticket  shall  be  retained  by  the 
seller  of  the  fuel.  When  the  buyer  carries  away  the  purchase  a 
delivery  ticket  showing  the  actual  number  of  pounds  delivered  to 
him  must  be  given  to  him  at  the  time  the  sale  is  made. 

Seo.  10.  Milk  bottles,  sizes  and  variations  and  tolerances  allowed; 
manufacturer's  mark. — Bottles  used  for  the  sale  of  milk  or  cream 
shall  be  of  the  capacity  of  half  gallon,  three  pints,  one  quart,  one 
pint,  one-half  pint,  one  gill,  filled  full  to  the  bottom  of  the  lip  or 
cap  ring.  The  following  variations  on  individual  bottles  or  jars 
may  be  allowed,  but  the  average  contents  of  not  less  than  twenty-five 
bottles  selected  at  random  from  at  least  four  times  the  number  tested 
must  not  be  in  error  by  more  than  one  quarter  of  the  tolerances 
herein  provided;  six  drams  above  and  six  drams  below  on  the  half 
gallon;  five  drams  above  and  five  drams  below  on  the  three  pint; 
four  drams  above  and  four  drams  below  on  the  quart;  three  drams 
above  and  three  drams  below  on  the  pint ;  two  drams  above  and  two 
drams  below  on  the  half  pint ;  two  drams  above  and  two  drams  below 
on  the  gill.  Bottles  or  jars  used  for  the  sale  of  milk  shall  have 
clearly  blown  or  otherwise  permanently  marked  in  the  side  of  the 
bottle  the  name,  initial  or  the  trade-mark  of  the  manufacturer,  and 
the  capacity  of  the  bottle  or  jar. 

Sec.  11.  Hay,  straw,  and  forage,  how  sold. — All  hay  of  whatever 
kind,  straw  or  other  forage  which  is  sold  at  wholesale  or  retail  by  a 
regular  dealer  in  such  commodities,  shall  in  every  instance  be  sold 
by  weight :  Provided,  That  this  section  shall  not  apply  to  the  sale  of 
hay,  straw  or  other  forage  in  sacks  [stacks] . 

Sec.  12.  Butter  and  oleomargarine  to  be  sold  by  weight. — It  shall  be 
unlawful  for  any  person  to  sell,  or  offer  to  sell  any  butter,  or  reno- 
vated or  process  butter,  or  oleomargarine  in  any  other  manner  than 
by  weight. 

Sec.  13.  Berries  and  small  fruit,  how  sold. — It  shall  be  unlawful  to 
sell  or  offer  to  sell  any  berries  or  small  fruit  in  any  other  manner 
than  by  weight,  dry  measure,  or  in  the  containers  described  in  this 
section.  It  shall  be  unlawful  to  procure  or  keep  for  the  purpose  of 
sale,  offer  or  expose  for  sale,  sell  or  give  away  baskets  or  other  open 
containers  for  berries  or  small  fruits,  holding  one  quart  or  less,  or  to 
procure  or  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale  or 
sell  berries  or  small  fruits  in  baskets  or  other  open  containers  hold- 
ing one  quart  or  less,  of  any  other  than  the  following  capacities  when 
level  full :  One  quart,  one  pint,  one-half  pint,  standard  dry  measure. 

Sec.  14.  Net  weight  to  be  employed;  contracts,  how  construed. — 
Whenever  any  commodity  is  sold  on  the  basis  of  weight,  it  shall  be 
unlawful  to  employ  any  other  weight  in  such  sale  than  the  net  weight 
of  the  commodity ;  and  all  contracts  concerning  goods  sold  on  a  basis 
of  weight  shall  be  understood  and  construed  accordingly.  When- 
ever the  weight  of  a  commodity  is  mentioned  in  this  act,  it  shall  be 
understood  and  construed  to  mean  the  net  weight  of  the  commodity. 

Sec.  15.  Definition  of  terms. — The  word  "person"  as  used  in  this 
act  shall  be  construed  to  import  both  the  plural  and  singular,  as  the 
case  demands  and  shall  include  corporations,  companies,  societies  and 
associations.  The  words  "  weights,"  "  measures,"  "  weighing  de- 
vices "  and  "  measuring  devices  "  as  used  in  this  act,  shall  be  con- 
strued to  include  all  weights,  scales,  beams,  measures  of  every  kind, 


SOUTH  DAKOTA  753 

instruments  and  mechanical  devices  for  weighing  or  measuring,  and 
any  appliances  and  accessories  connected  with  any  or  all  such  instru- 
ments. The  words  "  sell "  or  "  sale  "  as  used  in  this  act,  shall  be 
construed  to  include  barter  and  exchange. 

Sec.  16.  Violation. — Any  person  violating  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars  or  by  imprisonment  in  the  county  jail  not 
exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  17.  Repeal. — Sections  10363  to  10370  inclusive  and  section 
10378  of  the  Revised  Code  of  1919,  and  all  other  acts  or  parts  of  acts 
in  conflict  with  this  act  are  hereby  repealed. 

Laws,  1925,  ch.  115,  p.  104;  Civil  Administrative  Code,  ch.  III. 

Sec.  1,  Art.  I.  Creation  of  the  department. — A  department  of  the 
government  of  the  State  of  South  Dakota,  to  be  known  as  the 
department  of  agriculture,  is  hereby  created.  Except  as  hereinafter 
provided,  this  department  shall  succeed  to,  and  is  hereby  vested  with, 
all  the  duties,  powers,  purposes,  responsibilities  and  jurisdiction  now, 
or  hereafter  by  law  to  be  vested  in  the  following  offices,  officers,  com- 
missions, boards  and  agencies,  to  wit :  Commissioner  of  agriculture, 
department  of  agriculture,  State  dairy  expert,  *  *  *  food  and 
drug  commissioner,  inspector  of  hotels,  inspector  and  sealer  of 
weights  and  measures,  inspector  of  petroleum  products,  department 
of  marketing,  director  of  marketing,  and  of  the  several  officers,  depu- 
ties and  employees  of  such  bodies  and  offices;  and  whenever  by  the 
provisions  of  any  statute  or  law  now  in  force  or  that  may  hereafter 
be  enacted,  a  duty  or  jurisdiction  is  imposed  or  authority  conferred 
upon  any  of  said  bodies,  officers,  offices,  deputies  or  employees,  the 
enforcement  of  which  is  transferred  to  this  department,  such  juris- 
diction and  authority  are  hereby  imposed  upon  and  transferred  to  the 
department  of  agriculture  and  the  appropriate  officers  of  said  de- 
partment, with  the  same  force  and  effect  as  though  the  title  of  said 
department  of  agriculture  had  been  specifically  set  forth  and  named 
therein,  in  lieu  of  the  name  of  any  such  board,  commission,  office, 
officer,  deputy  or  employee  thereof,  as  the  case  may  be.  Said  bodies 
and  offices,  together  with  the  duties,  powers,  purposes,  responsibili- 
ties and  jurisdiction  which  are  so  transferred  to,  and  vested  in,  the 
department  of  agriculture,  and  the  position  of  all  officers,  deputies 
and  employees  thereunder  are,  and  each  of  them  is,  hereby  abolished, 
and  shall  have  no  further  legal  existence,  but  the  statutes  and  laws 
under  which  they  existed,  and  all  laws  prescribing  their  duties, 
powers,  purposes,  responsibilities  and  jurisdiction  are  hereby  ex- 
pressly continued  in  force.  The  department  of  agriculture  shall 
also  be  in  possession  and  control  of  all  the  records,  books,  papers, 
equipment,  supplies,  moneys,  funds,  appropriations  and  other  prop- 
erty, real  or  personal,  now  or  hereafter  held  for  the  benefit  or  use  of 
said  bodies,  offices  and  officers,  or  any  part  thereof. 

Sec.  2,  Art.  I.  To  execute,  etc.;  general  powers. — The  department  of 
agriculture  shall  have  power : 

9th.  To  execute  and  enforce  all  laws  relating  to  the  inspection  of 
foods,  drugs,  dairy  products,  oils,  cider,  vinegar,  oleomargarine,  but- 
terine,  and  all  other  food  products,  and  sanitation  of  premises  used 
for  the  manufacture,  preparation,  storage  and  sale  of  foods  and  food 


754  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

products;  cold-storage  warehouses,  seeds,  noxious  weeds,  commercial 
feeding  stuffs,  live  stock  remedies,  commercial  fertilizer,  hotels  and 
restaurants,  lodging  houses,  weights  and  measures,  including  the 
inspection  of  all  warehouse  and  public  scales,  including  scales  of  fuel 
dealers  and  all  merchants,  and  from  time  to  time  promulgate  such 
rules  and  regulations  and,  with  the  advice  of  the  State  chemist,  adopt 
such  standards  of  food  products  as  are  necessary  and  proper  to 
enforce  the  provisions  of  this  title. 

Sec.  1,  Art.  V.  Division  of  inspection;  powers  and  duties. — The  head 
of  this  division  shall  be  known  as  the  director  of  inspections.  The 
secretary  of  agriculture,  through  the  division  of  inspections  shall, 
except  as  hereinafter  provided,  administer  the  laws,  perform  the 
duties  and  exercise  the  powers  heretofore  administered,  performed 
and  exercised  by  the  State  entomologist,  the  State  food  and  drug 
commissioner,  the  State  dairy  expert  and  the  State  bee  inspector. 

Sec.  3,  Art.  V.  Foods;  adulteration  and  misbrandings. — Except  as 
hereinafter  provided,  the  secretary  of  agriculture  shall  succeed  to 
the  duties  and  powers  heretofore  placed  upon  and  granted  the  State 
food  and  drug  commissioner,  and  wherever  the  expression  "  State 
food  and  drug  commissioner "  or  the  term  "  commissioner "  now 
appears  in  any  of  the  sections  of  the  Revised  Code  of  1919  of  South 
Dakota,  or  subsequent  laws  of  the  State  of  South  Dakota,  the  sec- 
retary of  agriculture  shall  be  substituted  in  place  of  such  State  food 
and  drug  commissioner  or  commissioner.  Through  the  division  of 
inspections  and  the  director  thereof,  the  secretary  shall  be  author- 
ized to  make  complaint  against  any  person  violating  any  of  the 
provisions  of  the  laws  he  is  hereby  empowered  and  required  to 
enforce  and  administer  before  any  court  having  jurisdiction,  and 
security  for  costs  shall  not  be  required  of  the  complainant  in  any 
action  or  proceeding  instituted  by  him  or  under  his  authority  for  the 
purpose  of  such  enforcement;  and  it  shall  be  the  duty  of  all  prose- 
cuting officers  of  this  State  to  prosecute  to  completion  all  actions  or 
proceedings  brought  under  the  provisions  of  this  chapter.    *    *    * 

Sec.  6,  Art.  V.  Foods;  bread. — Chapter  239  of  the  Session  Laws  of 
1921,  as  amended  by  chapter  188  of  the  Session  Laws  of  1923,  relat- 
ing to  bread,  the  manufacture  and  sale  thereof,  and  providing  stand- 
ard weights  therefor,  is  hereby  retained  in  force;  provided,  that 
wherever  in  such  chapter  as  so  amended  either  of  the  following 
expressions  "  State  food  and  drug  commissioner,"  "  Food  and  drug 
commissioner  "  or  "  commissioner  "  shall  appear,  there  shall  be  sub- 
stituted therefor  the  expression  "  secretary  of  agriculture  "  or  "  sec- 
retary," and  the  secretary  of  agriculture  shall  enforce,  through  the 
division  of  inspections,  the  provisions  of  said  chapter  as  so  amended. 

Sec.  9,  Art.  V.  Paints  and  oils. — Sections  7884  to  7891,  inclusive,  of 
the  Revised  Code  of  1919,  relating  to  paints,  linseed  oil,  and  substi- 
tutes therefor  and  compounds  thereof,  are  hereby  expressly  retained 
in  force :  Provided,  That  wherever  in  such  sections  either  of  the  fol- 
lowing expressions  "  State  food  and  drug  commissioner,"  "  food  and 
drug  commissioner  "  or  "  commissioner  "  shall  appear  there  shall  be 
substituted  therefor  the  expression  "  secretary  of  agriculture "  or 
"secretary,"  and  the  secretary  of  agriculture  shall  enforce,  through 
the  division  of  inspections,  the  provisions  of  said  sections. 

Sec.  10,  Art.  V.  Commercial  feeding  products  and  medicinal  stock 
foods.— Sections  7892  to  7903  of  the  Revised  Code  of  1919,  relating 


SOUTH  DAKOTA  755 

to  commercial  feeds  and  medicinal  stock  foods,  their  registration, 
labeling  and  sale,  are  hereby  expressly  retained  in  force:  Provided, 
That  wherever  in  such  sections  either  of  the  following  expressions 
"State  food  and  drug  commissioner,"  "food  and  drug  commis- 
sioner "  or  "  commissioner  "  shall  appear  there  shall  be  substituted 
therefor  the  expression  "secretary  of  agriculture"  or  "secretary," 
and  the  secretary  of  agriculture  shall  enforce,  through  the  division 
of  inspections,  the  provisions  of  said  sections. 

Sec.  11,  Art.  V.  Commercial  fertilizers. — Chapter  207  of  the  Session 
Laws  of  1919,  relating  to  registration,  labeling  and  sale  of  commercial 
fertilizers,  is  hereby  expressly  retained  in  force:  Provided,  That 
wherever  in  such  sections  either  of  the  following  expressions  "  State 
food  and  drug  commissioner,"  "  food  and  drug  commissioner "  or 
"  commissioner  "  shall  appear  there  shall  be  substituted  therefor  the 
expression  "  secretary  of  agriculture  "  or  "  secretary,"  and  the  secre- 
tary of  agriculture  shall  enforce,  through  the  division  of  inspections, 
the  provisions  of  said  sections. 

Sec.  12,  Art.  V.  Petroleum  products. — Sections  7866  to  7883,  inclu- 
sive, being  title  four,  chapter  eleven  of  the  Revised  Code  of  South 
Dakota  for  1919,  relating  to  the  inspection  and  sale  and  storage  of 
petroleum  products,  are  hereby  expressly  retained  in  force:  Pro- 
vided, That  wherever  in  such  title  either  of  the  following  expressions 
"  State  food  and  drug  commissioner,"  "  food  and  drug  commissioner  " 
or  "  commissioner  "  shall  appear,  there  shall  be  substituted  therefor 
the  expression  "  secretary  of  agriculture  "  or  "  secretary,"  and  the 
secretary  of  agriculture  shall  enforce  through  the  division  of  inspec- 
tions the  provision  of  said  title. 

Sec.  13,  Art.  V.  Standards  of  weight  and  measure;  providing  for  in- 
spection of  weights  and  measures. — Chapters  358  and  359  of  the  Ses- 
sion Laws  of  1919,  providing  standards  of  weights  and  measures 
and  for  the  inspection  of  weights  and  measures  and  weighing  and 
measuring  devices,  are  hereby  expressly  retained  in  force :  Provided, 
That  wherever  in  such  chapters  as  so  amended  either  of  the  follow- 
ing expressions  "  State  food  and  drug  commissioner,"  "  food  and 
drug  commissioner  "  or  "  commissioner  "  shall  appear,  there  shall  be 
substituted  therefor  the  expression  "  secretary  of  agriculture "  or 
"  secretary,"  and  the  secretary  of  agriculture  shall  enforce,  through 
the  division  of  inspections,  the  provisions  of  said  chapters.  Sections 
10371  to  10377,  inclusive,  of  the  Revised  Code  of  1919,  relating  to 
standards  and  methods  of  measurements,  are  hereby  expressly  re- 
tained in  force.  Section  9573  and  sections  4272  to  4276,  inclusive, 
of  the  Revised  Code  of  1919,  are  hereby  repealed.  And,  sections 
9765,  9581,  9582,  9584,  9585  and  9586  of  the  Revised  Code  of  1919 
and  section  9583  of  the  Revised  Code  of  1919  as  amended  by  chapter 
344  of  the  Laws  of  1921,  are  expressly  retained  in  force :  Provided, 
That  wherever  in  such  sections  reference  is  made  to  the  State  board 
of  railroad  commissioners,  it  shall  be  construed  to  mean  the  secretary 
of  agriculture. 

Laws,  1919,  ch.  359,  p.  441. 

Sec.  1.  Inspector  and  sealer  of  weights  and  measures,  who  is;  duties. — 
The  State  food  and  drug  commissioner4  is  hereby  made  ex  officio 

1  Now  under  the  department  of  agriculture.     See  Laws,  1925,  ch.  115,  supra. 


756  LAWS   CONCEENING  WEIGHTS  AND   MEASUBES 

inspector  and  sealer  of  weights  and  measures  and  is  hereby  charged 
with  the  duty  of  carrying  into  force  and  effect  the  provisions  of  this 
act.  The  duties  devolving  upon  him  under  the  provisions  of  this 
act  shall  be  performed  with  the  assistance  of  the  inspectors  and  other 
employees  of  the  State  food  and  drug  department  in  connection  with 
the  performance  of  other  duties  devolving  upon  them  as  employees 
of  such  department. 

Sec.  2.  Duplicate  State  standards,  where  kept;  verification. — In  addi- 
tion to  the  State  standards  of  weights  and  measures  provided  for 
by  law,  there  shall  be  supplied  by  the  State  at  least  one  complete 
set  of  duplicate  standards,  to  be  kept  at  all  times  in  the  office  of  the 
State  food  and  drug  commisisoner  and  to  be  known  as  the  office 
standards;  and  such  other  weights,  measures,  and  apparatus  as  ma}r 
be  found  necessary  to  carry  out  the  provisions  of  this  act,  to  be  known 
as  working  standards.  Such  weights,  measures,  and  apparatus  shall 
be  verified  by  the  State  food  and  drug  commissioner  or  his  assist- 
ants at  his  direction,  upon  their  initial  receipt  and  at  least  once  in 
each  year  thereafter,  the  office  standards  by  direct  comparison  with 
the  State  standards,  the  working  standards  by  comparison  with  the 
office  standards.  When  found  accurate  upon  these  tests  the  office  and 
working  standards  shall  be  sealed  by  stamping  on  them  the  letters 
;'  S.  D."  and  the  last  two  figures  of  the  year  with  seals,  which  the 
State  food  and  drug  commissioner  shall  have  and  keep  for  that  pur- 
pose. The  office  standards  shall  be  used  in  making  all  comparisons 
of  weights  and  measures  and  weighing  and  measuring  devices  sub- 
mitted for  test  in  the  office  of  the  State  food  and  drug  commissioner. 

Sec.  3.  Reports. — The  State  food  and  drug  commissioner  may  from 
time  to  time  make,  and  he  is  hereby  authorized  to  make,  reports  in 
printed  bulletins,  of  the  work  undertaken  and  accomplished  under 
this  act,  together  with  other  information  relative  to  weights  and 
measures  as  may  be  deemed  suitable. 

Sec.  4.  Supervision  of  weights  and  measures  for  sale  and  in  use,  and 
in  public  institutions;  State  university  to  assist,  when. — Except  as  pro- 
vided for  in  section  9765  and  in  sections  9581  to  9586  inclusive,  of 
the  Revised  Code  of  1919,  the  State  food  and  drug  commissioner 
shall  have  and  keep  a  general  supervision  of  the  weights,  measures, 
and  weighing  or  measuring  devices,  offered  for  sale,  sold,  or  in  use 
in  the  State.  He,  or  his  assistants  at  his  direction,  shall  at  least  once 
annually  test  all  scales,  weights,  and  measures  used  in  checking  the 
receipts  and  disbursements  of  supplies  in  every  institution  for  the 
maintenance  of  which  moneys  are  appropriated  by  the  legislature, 
and  he  shall  report  in  writing  his  findings  to  the  supervisory  board 
and  to  the  executive  officer  of  the  institution  concerned,  and,  at  the 
request  of  such  board,  or  executive  officer,  he  shall  appoint  in  writ- 
ing one  or  more  employee  then  in  the  actual  service  or  the  institution 
who  shall  act  as  special  deputies  for  the  purpose  of  checking  the 
receipts  or  disbursements  of  supplies.  It  is  hereby  made  the  duty  of 
the  department  of  physics  of  the  State  University  of  South  Dakota, 
upon  request  of  the  food  and  drug  commissioner  to  assist  him  or  his 
assistants  in  all  such  matters  as  may  require  the  facilities  of  the 
laboratory  of  that  department  or  technical  knowledge  relating  to 
physical  measurements. 

Sec.  5.  Weights  and  measures,  testing  of  and  of  packages;  police 
powers. — When  not  otherwise  provided  by  law  the  State  food  and 


SOUTH  DAKOTA  757 

drug  commissioner  shall  have  the  power,  and  it  shall  be  his  duty 
to  inspect,  test,  try  and  ascertain  if  they  are  correct,  all  weights, 
measures  and  weighing  and  measuring  devices  kept,  offered,  or  ex- 
posed for  sale,  sold  or  used  or  employed  by  any  proprietor,  agent, 
lessee,  or  employee  in  proving  or  ascertaining  the  size,  quantity, 
extent,  area?  or  measurement  of  quantities,  things,  produce  or  articles 
of  distribution  or  consumption  purchased  or  offered  or  submitted  by 
such  person  or  persons  for  sale,  hire  or  award ;  and  he  shall  have  the 
power  to,  and  shall,  from  time  to  time,  weigh  or  measure  and  inspect 
packages  or  amounts  of  commodities  of  whatsoever  kind  kept  for 
the  purpose  of  sale,  offered  or  exposed  for  sale,  sold  or  in  the  process 
of  delivery,  in  order  to  determine  whether  the  same  contain  the 
amounts  represented,  and  whether  they  be  offered  for  sale  or  sold  in 
a  manner  in  accordance  with  law.  He  may  for  the  purposes  above 
mentioned,  and  in  the  general  performance  of  his  official  duties, 
enter  and  go  into  or  upon,  without  formal  warrant,  any  stand, 
place,  building,  or  premises,  or  stop  any  vender,  peddler,  junk  dealer, 
coal  wagon,  ice  wagon,  delivery  wagon,  or  any  dealer  whatsoever, 
and  require  him,  if  necessary,  to  proceed  to  some  place  which  the 
State  food  and  drug  commissioner  may  specify,  for  the  purpose  of 
making  proper  tests.  Whenever  the  State  food  and  drug  commis- 
sioner finds  a  violation  of  the  statutes  relating  to  weights  and  meas- 
ures, he  shall  cause  the  violator  to  be  prosecuted. 

Sec.  6.  Testing  and  sealing. — Whenever  the  State  food  and  drug 
commissioner  compares  weights,  measures,  or  weighing  or  measuring 
devices  and  finds  that  they  correspond  or  causes  them  to  correspond 
with  the  standards  in  his  possession,  he  shall  seal  or  mark  such 
weights,  measures  or  weighing  or  measuring  devices  with  appro- 
priate seals  or  marks. 

Sec.  7.  Weights  and  measures,  may  be  condemned  and  seized,  when. — 
The  State  food  and  drug  commissioner  shall  condemn  and  seize  and 
may  destroj^  incorrect  weights,  measures,  or  weighing  or  measuring 
devices  which  in  his  best  judgment,  are  not  susceptible  to  satis- 
factory repair;  but  such  as  are  incorrect  and  yet  may  be  repaired, 
he  shall  mark  or  tag  as  "  Condemned  for  repairs."  The  owners  or 
users  of  any  weights,  measures,  or  weighing  or  measuring  devices  of 
which  such  disposition  is  made  shall  have  the  same  repaired  or  cor- 
rected within  sixty  days,  and  they  may  neither  use  nor  dispose  of  the 
same  in  any  way,  nor  remove  or  deface  any  such  "  Condemned  for 
repairs  "  tag  or  other  mark  or  tag  affixed  by  the  food  and  drug  com- 
missioner until  they  shall  have  received  from  the  food  and  drug  com- 
missioner written  permission  to  do  so.  Any  weights,  measures  or 
weighing  or  measuring  devices  which  have  been  "  Condemned  for 
repairs,"  and  have  not  been  repaired  as  required  above,  shall  be 
confiscated  by  the  food  and  drug  commissioner. 

Sec.  8.  Interfering  with  officials. — Except  as  in  this  act  otherwise 
provided  any  person,  firm  or  corporation  preventing  or  attempting 
to  prevent,  or  in  any  way  interfering  with  the  food  and  drug  com- 
missioner or  any  of  his  inspectors  or  agents  in  entering  the  premises 
where  a  weighing  or  measuring  device  may  be  kept,  for  inspecting  or 
testing  the  same,  or  knowingly  failing  or  neglecting  to  observe  any 
reasonable  rule  or  regulation  of  the  said  food  and  drug  commissioner 
adopted  for  the  enforcement  of  this  act,  shall  be  deemed  guilty  of  a 


758  LAWS  CONOEBNING  WEIGHTS  AND  MEASURES 

misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  to  exceed 
one  hundred  dollars  for  each  offense. 

Sec.  9.  Deputy  inspectors,  powers  and  duties. — The  powers  and  duties 
given  to  and  imposed  on  the  State  food  and  drug  commissioner  by 
sections  5,  6  and  7  of  this  act  are  hereby  given  to  and  imposed  upon 
his  deputy  and  inspectors  also,  when  acting  under  his  instructions 
and  at  his  direction. 

Sec.  10.  Officials  made  special  policemen. — The  State  food  and  drug 
commissioner,  his  deputy  and  inspectors,  are  hereby  made  special 
policemen,  and  are  authorized  and  empowered  to  arrest  any  violator 
of  the  statutes  in  relation  to  weights  and  measures,  to  enter  com- 
plaint before  any  court  of  competent  jurisdiction,  and  to  seize  and 
use  as  evidence,  without  formal  warrant,  any  false  or  unsealed 
weight,  measure,  or  weighing  or  measuring  device  or  package  or 
amount  of  commodities  found  to  be  used,  retained,  or  offered  or 
exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  11.  Impersonating  officials;  penalty. — Any  person  who  shall  im- 
personate in  any  way  the  food  and  drug  commissioner  as  inspector  of 
weights  and  measures,  his  deputy,  or  inspectors,  in  the  performance 
of  his  or  their  official  duties  shall  be  guilty  of  a  felony,  and  upon 
conviction  thereof  in  any  court  of  competent  jurisdiction  shall  be 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  State  penitentiary  for  not  more  than  one  year 

Sec.  12.  Hindering  or  obstructing  officials;  penalty. — Any  person  who 
shall  hinder  or  obstruct  in  any  way  the  food  and  drug  commissioner, 
his  deputy,  or  inspectors,  in  the  performance  of  his  or  their  official 
duties  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
in  any  court  of  competent  jurisdiction  shall  be  punished  by  a  fine 
of  not  less  than  $20  or  more  than  $100  or  by  imprisonment  in  the 
county  jail  for  not  more  than  thirtj'  days  or  by  both  such  fine  and 
imprisonment. 

Sec.  13.  Milk  or  cream  bottles  or  jars,  not  complying  with  law;  pen- 
alty; tests  to  be  made,  when. — Any  dealer  or  person  who  uses  for  the 
purpose  of  selling  milk  or  cream,  jars  or  bottles  that  do  not  comply 
with  the  requirements  of  the  law  as  to  marking  and  capacity  shall  be 
deemed  guilty  of  giving  false  or  insufficient  measure.  Any  manu- 
facturer, person,  firm  or  corporation,  who  sells  milk  or  cream  bottles 
to  be  used  in  this  State  that  do  not  comply  with  the  law  as  to  size 
and  markings  shall  suffer  the  penalty  of  one  hundred  dollars,  to  be 
recovered  by  the  attorney  general  in  an  action  to  be  brought  in 
name  of  the  people  of  the  State. 

The  State  food  and  drug  commissioner  shall,  from  time  to  time, 
make  tests  on  individual  jars  or  bottles  used  by  the  various  firms 
in  the  State  for  milk  or  cream  in  order  to  ascertain  whether  the  above 
provisions  are  being  complied  with. 

Sec.  14.  Test  of  weights  and  measures  upon  complaint. — Whenever 
complaint  shall  be  made  to  the  State  food  and  drug  commissioner  that 
any  false  or  incorrect  scales,  weights  or  measures  are  being  made 
use  of  by  any  person,  firm  or  corporation  in  the  purchase  or  sale  of 
merchandise  or  other  commodities  or  in  weighing  any  article  or  com- 
modity, the  piece  price  for  which  is  determined  by  weight  or  measure 
it  shall  be  his  duty  to  cause  the  same  to  be  inspected  as  soon  as  thb 
duties  of  his  office  will  permit,  and  he  shall  make  such  other  in- 


SOUTH  DAKOTA  759 

spections  of  the  weights  and  measures  as  in  his  judgment  is  [are] 
necessary  or  proper  to  be  made. 

Sec.  15.  False  weights  and  measures,  possession  or  use  of;  penalty. — 
Any  person  who,  by  himself,  or  by  his  servant  or  agent  or  as  the 
servant  or  agent  of  another  person,  shall  offer  or  expose  for  sale,  sell, 
use  in  buying  or  selling  of  any  commodity  or  thing  or  for  hire  or 
award,  or  retain  in  his  possession  a  false  weight  or  measure  or  meas- 
uring or  weighing  device,  or  any  weight  or  measure  or  weighing  or 
measuring  device  which  has  not  been  sealed  by  the  State  food  and 
drug  commissioner  within  one  year,  or  shall  dispose  of  any  con' 
demned  weight,  measure,  or  weighing  or  measuring  device  contrary 
to  law,  or  remove  any  tag  placed  thereon  by  the  State  food  and 
drug  commissioner,  or  his  assistants  at  his  direction;  or  who  shall 
sell  or  offer  or  expose  for  sale  less  than  the  quantity  he  represents, 
or  shall  take  or  attempt  to  take  more  than  the  quantity  he  repre- 
sents, when  as  the  buyer,  he  furnishes  the  weight,  measure,  or  weigh- 
ing or  measuring  device  by  means  of  which  the  amount  of  the  com- 
modity is  determined;  or  who  shall  keep  for  the  purpose  of  sale, 
offer  or  expose  for  sale  or  sell  any  commodity  in  a  manner  contrary 
to  law;  or  who  shall  violate  any  provision  of  this  act  for  which  a 
specific  penalty  has  not  been  provided;  or  who  shall  sell  or  offer  to 
sell  or  use  or  have  in  his  possession  for  the  purpose  of  selling  or 
using  any  device  or  instrument  to  be  used,  or  calculated  to  falsify 
any  weight  or  measure ;  shall  be  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  a  fine  of  not  less  than  $20.00  or  more  than  $100.00, 
or  by  imprisonment  for  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment,  upon  the  first  conviction  in  any  court  of 
competent  jurisdiction;  and  upon  a  second  or  subsequent  conviction 
in  any  court  of  competent  jurisdiction,  he  shall  be  punished  by  a 
fine  of  not  less  than  $50.00  or  more  than  $500.00  or  by  imprisonment 
in  the  county  jail  for  not  more  than  one  year,  or  by  both  such  fine 
and  imprisonment. 

Sec.  16.  Prosecutions,  how  commenced. — The  State's  attorney  of 
each  county  in  the  State  is  hereby  authorized  and  required  upon 
complaint  on  oath  of  the  State  food  and  drug  commissioner  or  other 
person,  to  prosecute  before  any  court  of  competent  jurisdiction  in 
the  name  of  the  State  of  South  Dakota  a  proper  action  or  proceeding 
against  any  person  or  persons  violating  the  provisions  of  this  act. 

Sec.  17.  Repeal.— Sections  10379  to  10384  inclusive,  section  10390 
and  sections  10395  to  10400  inclusive  of  the  Revised  Code  of  1919, 
are  hereby  repealed,  save  and  except  that  this  act  shall  not  be  con- 
strued as  amending,  impairing,  repealing  or  conflicting  with  the  pro- 
visions of  sections  9764,  9765,  7992,  7993  and  sections  9581  to  9586 
inclusive  of  the  Revised  Code  of  1919. 

Rev.  Code,  1919,  Vol.  1,  Part  4,  ch.  10,  p.  1041. 

Sec.  4272°.  False  weights  and  measures. — If  any  person,  with  intent 
to  defraud,  uses  a  false  balance,  weight  or  measure,  in  the  weighing 
or  measuring  of  anything  that  is  purchased,  sold,  bartered,  shipped 
or  delivered  for  sale  or  barter,  or  that  is  pledged  or  given  in  payment, 
he  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollar 
nor  less  than  five  dollars,  or  by  imprisonment  in  the  county  jail 
not  more  than  thirty  days,  or  by  both  such  fine  and  imprisonment, 


760  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

and  shall  be  liable  to  the  injured  party  in  double  the  amount  of 
damages. 

Sec.  4273.  Retaining  same  knowingly. — Every  person  who  retains 
in  his  possession  any  weight  or  measure,  knowing  it  to  be  false, 
unless  it  appears  that  it  was  so  retained  without  intent  to  use  it  or 
permit  it  to  be  used  in  violation  of  the  preceding  section,  shall  be 
punished  as  therein  provided.  '  ► 

Sec.  4274.  False  weights  and  measures  may  be  seized. — Every  per- 
son who  is  authorized  or  required  by  law  to  arrest  another  person 
for  a  violation  of  the  two  preceding  sections  is  equally  authorized 
and  required  to  seize  any  false  weights  or  measures  found  in  the 
possession  of  the  person  so  arrested,  and  to  deliver  the  same  to  the 
magistrate  before  whom  the  person  so  arrested  is  required  to  be 
taken. 

Sec.  4275.  Weights  may  be  tested  and  destroyed. — The  magistrate  to 
whom  any  weight  or  measure  is  delivered,  pursuant  to  the  last  sec- 
tion, shall  upon  the  examination  of  the  accused,  or  if  the  examination 
is  delayed  or  prevented,  without  awaiting  such  examination,  cause 
the  same  to  be  tested  by  comparison  with  standards  conformable 
to  law,  and  if  he  finds  it  to  be  false,  he  shall  cause  it  to  be  destroyed, 
or  to  be  delivered  to  the  State's  attorney  of  the  county  in  which 
the  accused  is  liable  to  prosecution  or  trial,  as  the  interests  of  justice 
in  his  judgment  require. 

Sec.  4276.  Shall  be  destroyed,  when. — Upon  the  conviction  of  the 
accused,  such  State's  attorney  shall  cause  any  weight  or  measure  in 
respect  whereof  the  accused  stands  convicted,  and  which  remains  in 
his  possession  or  under  his  control,  to  be  destroyed. 

Rev.  Code,  1919,  Vol.  2,  ch.  2,  Art  1,  p.  1469. 

Sec.  6169,  as  amended  by  Laws,  1919,  ch.  275,  p.  322.  Powers  enumer- 
ated.— Every  municipal  corporation  shall  have  power :     *     *     * 

Subdivision  68.  To  provide  for  the  inspection,  weighing  and  meas- 
uring of  hay,  lime,  stone,  wood,  coal,  lumber,  charcoal,  or  any  article 
of  merchandise  and  all  kinds  of  coal  and  wood  used  for  fuel  or  for 
heating  purposes  and  the  places  and  manner  of  weighing  and  meas- 
uring the  same  and  the  establishing  of  city  scales  and  the  appoint- 
ment of  weighers  and  inspectors. 

Subdivision  69.  To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Subdivision  70.  To  enforce  the  keeping  of  proper  weights  and 
measures  by  vendors. 

Sec.  6170  (1913).  Powers  of  cities. — In  addition  to  the  powers 
granted  by  the  preceding  article  [art.  1]  every  city  shall  have 
power :     *     *     * 

12.  To  regulate  the  sale  of  bread  in  the  city  and  prescribe  the 
weight  and  quality  of  the  bread  in  the  loaf. 

Rev.  Code,  1919,  Vol.  2,  Part  22,  ch.  8,  Art.  1,  p.  2700. 

Sec.  10371  (1915).  Cubic  ton  of  hay. — Unless  otherwise  agreed 
upon  between  the  contracting  parties,  the  following  shall  be  the  legal 
measurement  of  a  ton  of  hay  in  stack: 

For  clean,  native  blue  joint  hay,  alkali  or  salt  grass  hay  or  wheat 
grass  hay  or  the  same  mixed,  settled  in  the  stack  for  thirty  to  sixty 
days,  422  cubic  feet,  thereafter  343  cubic  feet. 


SOUTH  DAKOTA  761 

For  clean,  alfalfa  hay,  settled  in  the  stack  for  thirty  to  sixty  days, 
512  cubic  feet,  thereafter  422  cubic  feet. 

For  clean  timothy  or  clover  hay,  or  the  same  mixed,  settled  in  the 
stack  from  thirty  to  sixty  days,  512  cubic  feet,  thereafter  422  cubic 
feet. 

Sec.  10372.  Method  of  measurement. — Unless  otherwise  agreed  upon 
between  the  contracting  parties,  the  following  method  is  prescribed 
for  determining  the  number  of  cubic  feet  in  a  rick  stack  of  hay : 

The  width  and  the  length  of  the  stack  on  the  ground  shall  be 
measured,  and  the  average  distance  from  the  ground  against  one 
side  of  the  stack  to  the  ground  against  the  other  side  of  the  stack, 
directly  over  and  opposite,  shall  be  taken  in  linear  feet  and  inches, 
and  then  the  width  shall  be  subtracted  from  the  measurement  over 
the  stack  as  above  indicated,  the  result  divided  by  two,  and  the  result 
so  obtained  multiplied  by  the  width  and  the  result  thus  obtained 
multiplied  by  the  length,  which  will  give  the  number  of  cubic  feet 
contained  in  the  stack;  and  the  tonnage  thereupon  determined  by 
dividing  the  total  number  of  cubic  feet,  as  above  determined,  by 
the  number  of  cubic  feet  allowed  under  the  provisions  of  this  article 
for  a  ton. 

Sec.  10373.  Round  stack  method. — Unless  otherwise  agreed  upon  be- 
tween the  contracting  parties,  the  following  method  is  prescribed 
for  determining  the  number  of  cubic  feet  in  a  round  stack  of  hay: 
Measure  around  the  base  of  the  stack  in  feet,  and  multiply  such 
number  by  itself,  and  multiply  the  product  by  the  height  of  the 
stack  in  feet,  and  divide  the  last-named  product  by  twenty-five  and 
the  quotient  so  determined  is  the  cubical  contents  of  the  stack,  and 
the  tonnage  thereupon  is  determined  by  dividing  the  total  number 
of  cubic  feet,  as  herein  determined,  by  the  number  of  cubic  feet 
allowed  for  a  ton  under  the  provisions  of  this  article. 

Sec.  10374°.  Perch  of  mason  work. — A  perch  of  mason  work  or  stone 
is  hereby  declared  to  consist  of  twenty-five  feet  cubic  measure. 

Sec.  10375  (1915).  Log  rule. — The  log  rule  now  in  use  by  the  de- 
partment of  school  and  public  lands  and  known  as  the  "  decimal 
C  "  log  rule,  is  hereby  declared  and  adopted  as  the  legal  rule  by 
which  all  logs  hereafter  sold  by  the  State  from  its  public  lands 
shall  be  measured  and  scaled. 

Sec.  10376°.  False  mark  or  stamp;  penalty. — Every  person  who 
knowingly  marks  or  stamps  false  or  short  weight,  or  false  tare,  on 
any  cask  or  package,  or  knowingly  sells  or  offers  for  sale  any  cask 
or  package  so  marked,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  10377.  Increasing  weight  of  package;  penalty. — Every  person 
who,  in  putting  up  in  any  bag,  bale,  box,  barrel  or  other  package  any 
hops,  cotton,  hay  or  other  goods  usually  sold  in  bags,  bales,  boxes, 
barrels  or  packages,  by  weight,  puts  in  or  conceals  therein  anything 
whatever  for  the  purpose  of  increasing  the  weight  of  such  bag,  bale, 
box,  barrel  or  package,  shall  be  deemed  guilty  of  a  misdemeanor. 

Rev.  Code,  1919,  Vol.  2,  ch.  8,  Art.  3,  p.  2706. 

Sec.  10385  (1893).  Public  weigher  and  measurer;  appointment. — There 
shall  be  appointed  in  each  municipal  corporation,  in  April  of  each 
year,  at  least  one  public  weigher  and  measurer,  who  shall  hold  his 
office  for  one  year  and  until  his  successor  is  appointed  and  qualified. 


762  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Sec.  10386.  Oath  and  bond. — Such  public  weigher  and  measurer, 
before  entering  upon  the  duties  of  his  office,  shall  take  the  usual  offi- 
cial oath  and  shall  execute  to  the  municipal  corporation  a  bond  in 
the  sum  of  five  hundred  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties. 

Sec.  10387.  Standard  weights  and  measures  to  be  furnished. — Every 
municipal  corporation  shall  furnish  to  each  public  weigher  and 
measurer,  so  appointed,  a  set  of  weights  and  measures  of  the  United 
States  standard,  to  be  under  his  exclusive  control. 

Sec.  10388.  Municipal  scales. — Each  municipal  corporation  shall 
procure  for  each  public  weigher  and  measurer  therein  appointed  a 
set  of  true  and  exact  scales  having  a  capacity  to  weigh  five  tons  at 
one  time,  and  shall  cause  such  scales  to  be  set  up  and  properly  ar- 
ranged for  weighing  in  a  convenient  place  in  such  municipal  cor- 
poration, to  be  selected  by  the  governing  body  thereof,  and  such 
scales  shall  be  under  the  control  and  management  of  the  public 
weigher  and  measurer. 

Sec.  10389.  Duty  of  weigher. — It  shall  be  the  duty  of  the  public 
weigher  and  measurer  appointed  under  the  provisions  of  this  article 
to  immediately  and  correctly  weigh  all  articles,  loads  or  animals 
brought  for  that  purpose  to  the  scales  over  which  he  has  control. 

Sec.  10391.  Certificate. — Such  public  weigher  and  measurer  shall 
give  to  every  person  for  whom  he  does  any  weighing  a  certificate 
showing  the  gross  amount  thereof,  and  shall  keep  in  his  office  a  true 
and  correct  copy  of  the  certificate  so  given,  which  certificate  or  copy 
shall  be  prima  facie  evidence  of  the  weight  of  the  article,  animal  or 
load  so  weighed. 

Sec.  10392.  Fees. — Such  public  weigher  and  measurer  shall  receive 
for  each  weight  so  made  by  him  the  sum  of  ten  cents,  and  for  each 
scale  so  tested  by  him  the  sum  of  twenty-five  cents,  and  for  each 
measure  tested  by  him  the  sum  of  twenty-five  cents,  to  be  paid  by 
the  person  for  whom  such  weight  or  test  is  made. 

Sec.  10393.  Scales  must  be  accurate. — It  shall  be  the  duty  of  the 
public  weigher  and  measurer  to  keep  the  scales  over  which  he  has 
control,  by  virtue  of  his  office,  in  condition  to  make  true  and  exact 
weighing. 

Sec.  10394.  False  certificate;  penalty. — Any  weigher  and  measurer 
mentioned  in  this  article  who  shall  make  any  false  or  fraudulent  cer- 
tificate of  any  weighing  or  measuring  done  by  him,  or  shall  be  guilty 
of  any  collusion  with  any  other  person  for  the  purpose  of  deceiving 
any  person  in  regard  to  the  correctness  of  any  scales,  weights  or 
measures,  shall  be  punished  for  each  offense  by  a  fine  of  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  ninety  days,  or  by 
both  such  fine  and  imprisonment. 

Laws,  1921,  ch.  239,  as  amended  by  Laws,  1923,  ch.  188,  p.  174. 

Sec.  1.  Bread,  standard  loaves  fixed;  marking  required;  tolerances; 
food  and  drug  commissioner  to  enforce. —  (a)  It  shall  be  unlawful  for 
any  person,  firm  or  corporation  to  sell  in  this  State,  bread  in  loaves 
of  any  other  weights  than  the  following  standard  avoirdupois 
weights:  One  pound,  one  and  one-half  pounds,  and  any  greater 
weight  which  is  a  multiple  of  one-half  pound.  These  shall  be  the 
standard  weights  of  bread  to  be  sold  in  this  State,  and  bread  shall 
not  be  sold  except  of  these  weights:  Provided,  however,  That  the 


SOUTH  DAKOTA  763 

provisions  of  this  act  regarding  weight  shall  not  apply  to  biscuits, 
buns,  crackers,  rolls,  or  to  what  is  commonly  known  as  "  stale  bread  " 
and  sold  as  such,  if  the  seller  at  time  of  sale  shall  expressly  state  to 
the  buyer  that  the  bread  so  sold  is  "stale  "  bread :  And  provided  fur- 
ther, That  commercial  bread  shall  be  deemed  stale  forty-eight  hours 
after  baking.  When  twin  or  multiple  loaves  are  baked,  the  weights 
specified  in  this  section  shall  apply  to  each  unit  of  the  twin  or  mul- 
tiple loaf,  but  nothing  in  this  act  shall  be  construed  to  prohibit  mak- 
ing a  twin  loaf  of  total  weight  of  twenty-four  ounces,  if  the  same  be 
wrapped  and  sold  as  one  twenty-four  ounce  loaf.  There  shall  be 
printed  upon  the  wrapper  of  each  loaf  of  bread  in  plain  and  con- 
spicuous type  the  name  and  address  of  the  manufacturer  of  the  bread 
and  the  weight  of  the  loaf  in  terms  of  one  of  the  standard  weights 
herein  specified,  or  in  lieu  of  statement  of  weight,  a  declaration  that 
the  wrapped  loaf  is  a  standard  weight  loaf.  The  State  food  and  drug 
commissioner  shall  enforce  the  provisions  of  this  act  and  shall  adopt 
and  establish,  in  the  manner  provided  by  law,  rules  for  such  enforce- 
ment, including  reasonable  tolerances  and  variations  within  which 
all  weights  shall  be  kept:  Provided,  however,  That  such  tolerances 
shall  apply  only  to  individual  loaves,  and  variations  from  the  stand- 
ard weights  herein  prescribed  shall  be  as  often  above  as  below  the 
standard  and  the  average  weight  of  all  loaves  of  the  same  designated 
weight  and  kind  produced  by  any  baker  shall  at  least  equal  the  stand- 
ard weight  which  such  loaves  are  indicated  by  the  label  or  otherwise 
represented  as  weighing. 

******* 

Sec.  4.  Penalty. — Any  person,  firm  or  corporation  that  shall  vio- 
late any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  ten  dollars  ($10.00)  nor  more  than  one  hundred  dollars 
($100.00)  and  each  day's  continuance  of  any  practice,  act  or  condi- 
tion prohibited  herein  shall  constitute  a  separate  offense  within  the 
meaning  of  this  act. 

Rev.  Code,  1919,  Vol.  2,  ch.  11,  Art.  8,  p.  1970. 

Sec.  7868  (al917).  Inspection  of  petroleum  products. — The  State 
food  and  drug  commissioner  shall  be  ex  officio  inspector  of  petroleum 
products.  He  shall  not  appoint  any  deputy  or  assistant  as  special  oil 
inspector,  but  the  inspection  of  petroleum  products  shall  be  made 
contemporaneously  with  the  performance  of  the  other  duties  of 
such  commissioner.  Neither  the  commissioner  nor  any  inspector 
shall  traffic  directly  or  indirectly  in  any  product  subject  to  inspection 
under  the  provisions  of  this  article. 

Sec.  7867.  Definitions. — As  used  in  this  chapter  the  phrase  "  pe- 
troleum products"  shall  be  construed  to  mean  all  illuminating  oils 
which  are  the  product  of  petroleum,  or  into  which  petroleum  or  any 
product  of  petroleum  enters  or  is  found  as  a  constituent  element  and 
includes  gasoline,  kerosene,  benzine,  naptha,  petrol  and  any  mixture 
or  compound  of  a  like  or  similar  nature ;  and  the  word  "  inspector  " 
shall  be  construed  to  mean  the  food  and  drug  commissioner,  or  any 
deputy  or  assistant  appointed  by  him  for  the  purpose  of  enforcing 
the  provisions  of  this  article. 

Sec.  7871.  Fees;  number  of  gallons  to  barrel. — The  inspector  shall 
demand   and  receive  from  the  owner  or  other  person   for  whom 


764  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

he  shall  examine  or  test  any  petroleum  products,  as  defined  in  this 
article,  five  cents  for  every  barrel  so  examined  or  tested,  which  fee 
shall  constitute  a  lien  on  the  product  so  examined  or  tested.  When 
the  amount  contained  in  any  tank,  cask,  or  other  vessel  shall  exceed 
fifty  gallons,  each  fifty  gallons  shall  constitute  a  barrel. 

Sec.  7878.  Inspect  measuring  devices;  standard  used;  measuring  de- 
vices, test  of;  disposition,  when  found  incorrect;  barrels  for  shipment  of 
petroleum,  how  labeled;  pumps  and  vending  machines,  may  be  seized, 
when;  penalty. — It  shall  be  the  duty  of  the  State  inspector  of  pe- 
troleum products  to  inspect  all  pumps,  vending  machines  and 
measuring  devices  used  in  this  State  for  measuring  or  transporting 
kerosene,  gasoline  or  other  petroleum  products,  for  the  purpose  of 
determining  whether  such  measuring  devices  deliver  correct  measure. 
The  standard  for  the  measure  of  petroleum  products  shall  be  the 
United  States  standard  gallon  and  the  measures  received  from  the 
United  States  as  standard  measures  together  with  such  as  shall  be 
supplied  by  the  State  inspector  in  conformity  therewith  and  certi- 
fied by  the  National  Bureau  of  Standards,  shall  be  the  measures 
used  in  the  enforcement  of  this  article. 

It  shall  be  the  duty  of  the  inspector  to  inspect,  test,  and  ascertain  the 
correctness  of  all  such  measuring  devices,  for  which  purpose  he  shall 
have  access  without  formal  warrant  to  all  places,  premises,  wagons 
or  delivery  trucks  where  petroleum  products  are  sold  or  delivered. 
When  such  measuring  devices  are  found  to  be  correct  and  correspond- 
ing with  the  standards  in  his  possession,  the  inspector  shall  seal  them 
with  appropriate  devices.  The  inspector  shall  condemn  and  seize 
and  may  destroy  any  incorrect  measure  or  measuring  device  which 
in  his  best  judgment  is  not  susceptible  of  satisfactory  repair;  but 
such  as  are  incorrect  and  yet,  in  his  best  judgment,  may  be  satisfacto- 
rily repaired,  he  shall  mark  or  tag  as  "  Condemned  for  repairs."  The 
owner  or  user  of  any  measure  or  measuring  device  so  marked  or 
tagged  shall  have  the  same  corrected  within  ten  days,  and  may 
neither  use  nor  dispose  of  it  in  any  way,  but  shall  hold  the  same  at 
the  disposal  of  the  State  inspector.  Any  measure  or  measuring  de- 
vice which  has  been  condemned  for  repairs  and  has  not  been  repaired 
within  the  prescribed  time,  shall  be  confiscated  by  the  inspector. 
All  barrels  used  for  the  shipment  or  sale  of  petroleum  products  in 
this  State  shall  be  labeled  in  letters  and  figures  not  less  than  two 
inches  high,  showing  the  true  net  contents  in  United  States  standard 
gallons. 

For  the  purpose  of  this  section  the  State  inspector  of  petroleum 
products,  his  deputies  and  inspectors,  shall  be  special  policemen  and 
authorized  to  seize  without  formal  warrant,  for  use  as  evidence, 
any  pump,  vending  machine  or  measuring  device  used,  kept  or 
offered  for  sale  in  violation  of  this  section.  Any  person  who  shall 
use  any  false  or  incorrect  pump,  vending  machine  or  measuring  device 
for  the  sale  or  transfer  of  gasoline,  kerosene  or  other  petroleum  prod- 
uct as  defined  in  this  article,  or  who  shall  dispose  of  any  such  device 
in  volation  of  its  provisions,  or  who  shall  sell  any  such  products,  by 
short  measure,  in  bulk,  barrels,  casks  or  other  containers,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  for 
the  first  offense  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars,  and  for  each  subsequent  offense  by  a  fine  of 


SOUTH  DAKOTA  765 

not  less  than  twenty-five  nor  more  than  one  hundred  dollars,  and  the 
incorrect  or  false  device  used  by  such  offender  shall  be  confiscated 
by  the  inspector. 

Laws,  1925,  ch.  113,  p.  101. 

Sec.  5.  Number  of  cigarettes  to  package. — *  *  *  All  cigarettes 
sold  in  this  State  shall  be  put  up  in  packages  containing  5,  8,  10, 
12,  15,  16,  20,  25,  40,  50,  80,  or  100  cigarettes  each.     *     *     * 

Rev.  Code,  1919,  Vol.  2,  ch.  11,  Art.  II,  p.  1953. 

Sec.  7807  (1917).  "Food"  defined.— The  word  "food"  as  used  in 
this  article  shall  include  all  substances  used  as  food,  drink,  confec- 
tionery or  condiment  by  man  or  other  animals,  whether  simple,  mixed 
or  compound,  and  all  substances  or  ingredients  to  be  added  to  foods 
for  any  purpose. 

Sec.  7809,  as  amended  by  Laws,  1923,  ch.  193,  p.  178.  "  Misbranded " 
defined. — *  *  *  and  for  the  purpose  of  this  article  a  food  product 
shall  also  be  deemed  to  be  misbranded.     *     *     * 

3.  If  in  package  form  and  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure  or  numerical  count,  together  with  the  name 
and  address  of  the  real  manufacturer  or  jobber  or  other  person 
responsible  for  placing  the  product  upon  the  market:  Provided, 
however,  That  reasonable  variations  as  to  the  quantity  of  the  con- 
tents of  package  shall  be  permitted,  and  tolerance  and  exemptions 
as  to  small  packages  shall  be  established  by  rules  and  regulations 
made  in  accordance  with  the  provisions  of  section  7793. 

Rev.  Code,  1919,  Vol.  2,  ch.  9,  Art.  10,  p.  1981. 

Sec.  7893  (al913).  Feeding  stuffs  to  have  net  weight  marked;  weight 
of  packages. — Any  person  who  shall  sell,  offer  or  expose  for  sale  or 
distribution  in  this  State  any  concentrated  commercial  feeding 
product,  shall  furnish  with  each  shipment,  and  shall  affix  to  every 
package  or  parcel  of  such  product,  in  a  conspicuous  place  on  the 
outside  thereof,  a  legible  and  plainly  printed  statement  in  the 
English  language,  in  type  as  large  as  ten  point,  clearly  and  truly 
certifying : 

1.  The  net  weight  of  the  package :  Provided,  That  all  such  prod- 
ucts shall  be  in  standard-weight  bags  or  packages  of  twenty-five 
pounds  or  multiples  thereof,  or  in  bulk. 

2.  The  name,  brand  or  trade-mark  of  the  product. 

3.  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  placing  the  product  on  the  market.     *     *     * 

Sec.  7897.  Stock  food  to  have  net  weight  marked. — Every  lot,  parcel 
or  package  of  medicinal  stock  food,  sold,  offered  or  exposed  for  sale 
or  distribution  within  this  State  shall  have  affixed  thereto  a  label  in 
a  conspicuous  place  on  the  outside  thereof,  containing  a  legible  and 
plainly  printed  statement  in  black  ink,  in  the  English  language, 
clearly  and  truly  certifying : 

1.  The  net  weight  of  the  package. 

2.  The  name,  brand  or  trade-mark  of  the  product. 

3.  The  name  and  principal  address  of  the  manufacturer  or  person 
responsible  for  placing  the  product  on  the  market ;     *     *     * 


766  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

Rev.  Code,  1919,  Vol.  2,  Part  20,  ch.  1,  Art.  2,  p.  2460. 

Sec.  9581  (1915).  State  board  of  railroad  commissioners;  board  pro- 
vides rules  for  weighing. — The  board  of  railroad  commissioners  shall 
have  authority  to  prescribe  and  enforce  reasonable  rules  and  regu- 
lations for  the  weighing  of  cars  and  of  freight  offered  for  shipment 
in  carload  lots  and  of  livestock  at  stockyard  scales,  and  of  hay,  grain, 
wood,  coal  and  like  subjects  of  commerce  when  weighed  in  ton  lots 
in  this  State.  All  track  scales  and  all  other  scales  in  this  State  used 
by  common  carriers  or  by  shippers  for  the  purpose  of  weighing  cars 
or  freight  offered  for  shipment  in  carload  lots,  and  all  stock  scales 
at  stockyards  and  all  private,  farm,  and  town  and  city  scales  used 
in  weighing  hay,  grain,  wood,  coal  and  like  subjects  of  commerce 
when  weighed  in  ton  lots  shall  be  under  the  supervision  and  control 
of  the  board  of  railroad  commissioners  and  be  subject  to  inspection 
by  such  board. 

Sec.  9582.  Sealing  devices  required. — Whenever  directed  so  to  do  by 
the  board  of  railroad  commissioners,  any  common  carrier  or  shipper 
or  other  person  owning  or  operating  a  scale  under  the  jurisdiction 
of  such  board  shall  equip  such  scale  with  any  sealing  device  con- 
sidered by  the  board  to  be  a  proper  and  safe  device  to  be  used  in 
the  sealing  of  scales.  Any  person  who  shall  change,  break  or  tamper 
with  any  seal  or  sealing  device  after  the  same  shall  have  been  prop- 
erly installed  and  inspected  by  any  member  of  the  board  of  railroad 
commissioners,  or  any  inspector  or  authorized  agent  thereof,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  a  county  jail  not  exceeding 
six  months. 

Sec.  9583,  as  amended  by  Laws,  1921,  eh.  344,  p.  458.  Duty  to  in- 
spect.— Whenever  requested  so  to  do  by  any  common  carrier  or 
shipper,  or  by  any  other  person  owning  or  using  a  scale  under  the 
jurisdiction  of  such  board,  or  whenever  necessary  or  proper  in  the 
judgment  of  such  board,  it  shall  be  the  duty  of  such  board,  by  any 
one  or  more  of  its  members  or  by  any  authorized  inspector  or  agent, 
to  inspect  and  test  any  such  scale :  Provided,  That  such  board  shall 
not  be  obliged  to  inspect  or  test  any  farm  scale,  except  upon  request  of 
the  owner  or  some  person  using  or  about  to  use  the  same,  and  in  such 
cases  only  under  reasonable  conditions,  rules  and  regulations  to  be 
fixed  and  prescribed  by  the  board;  and  for  that  purpose  the  board 
is  authorized  to  provide  itself  with  proper  facilities,  devices  or  as- 
sistants for  making  such  inspections  or  tests.  And  whenever  any 
scale  shall  be  found  to  be  incorrect,  it  shall  be  unlawful  for  the  com- 
mon carrier  or  shipper  or  other  person  owning  or  operating  such  scale 
to  pemit  [permit]  the  same  to  be  used  again  until  it  shall  have  been  re- 
examined and  retested  and  found  to  be  correct.  If  such  scales  are 
found  to  be  incorrect  and  are  condemned,  upon  the  request  of  the  owner 
of  such  scales  or  the  persons  in  charge  of  the  same  it  shall  be  the  duty 
of  the  scale  inspector  or  other  person  inspecting  the  same,  with  such 
competent  assistance  to  be  furnished  by  the  owner  of  such  scales  or 
the  person  in  charge  of  the  same  as  may  in  the  judgment  of  the  said 
inspector  or  other  person  inspecting  such  scales  be  necessary,  to  re- 
pair the  same  immediately :  Provided,  That  if  the  securing  of  neces- 
sary parts  for  the  repair  of  such  scales  will  occasion  delay,  such  in- 


SOUTH  DAKOTA  767 

spector  or  person  inspecting  the  same  shall  perform  the  work  of  mak- 
ing such  repairs  with  assistance  to  be  furnished  as  aforesaid,  as 
promptly  as  possible :  And,  provided  further,  That  the  board  of  rail- 
road commissioners  shall  make  and  publish  such  reasonable  rules  and 
regulations  for  the  inspection,  testing  and  repairing  of  such  scales 
as  may  be  necessary  and  desirable  and  not  inconsistent  with  the  laws 
of  this  State,  specifying  therein  among  other  things  the  extent  and 
nature  of  the  repairs  which  will  in  its  judgment  be  practicable  for 
its  inspectors  to  make.  In  addition  to  the  fee  provided  by  law  for  the 
inspection  of  such  scales,  the  owner  or  person  in  charge  of  such  scales 
shall  pay  to  the  board  of  railroad  commissioners  one  dollar  ($1.00) 
per  hour  for  the  time  devoted  by  the  inspector  or  other  person  inspect- 
ing such  scales,  to  the  work  of  repairing  the  same.  The  owner  or  per- 
son in  charge  of  scale  being  repaired  shall  furnish  all  materials 
needed  in  making  the  repairs.  All  moneys  collected  under  the  pro- 
visions of  this  section  shall  be,  by  the  board  of  railroad  commis- 
sioners, deposited  with  the  State  treasurer  and  by  him  kept  in  a 
separate  fund  and  be  expended  only  on  vouchers  approved  by  the 
board  of  railroad  commissioners  pursuant  to  the  provisions  of  section 
9757  of  the  Revised  Code  of  1919  of  this  State.  Any  person  convicted 
of  violating  any  provisions  of  this  section  shall  be  punished  by  a  fine 
not  exceeding  $100  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing thirty  days  for  each  offense. 

Sec.  9584  (al917).  Fees. — The  board  of  railroad  commissioners 
shall  fix  a  fee  of  two  dollars  for  each  inspection  or  test  of  such  scales, 
to  be  paid  by  the  person,  partnership  or  corporation  owning  or  oper- 
ating the  same.  All  money  received  by  way  of  fees  for  such  inspec- 
tion shall  be  reported  monthly  to  and  deposited  with  the  State  treas- 
urer, and  by  him  credited  to  a  fund  designated  as  the  "  special  scale 
inspection  fund."  Such  fund  shall  be  available  for  the  purpose  only 
of  paying  the  expenses  necessary  in  carrying  out  such  inspections  and 
shall  be  accumulative  from  year  to  year.  The  auditor  shall  issue 
warrants  upon  such  fund,  upon  A'ouchers  approved  by  the  board 
of  railroad  commissioners,  but  such  fund  shall  not  come  within  the 
restrictions  of  any  law  of  this  State  governing  payment  of  expenses 
incurred  in  a  previous  year,  it  being  intended  that  such  special  scale 
inspection  fund  shall  be  applied  to  the  payment  of  any  necessary 
costs  or  expenses  in  carrying  out  the  provisions  of  this  article  relat- 
ing to  such  inspections,  whether  incurred  during  the  ensuing  or  pre- 
vious fiscal  years,  and  such  special  scale  inspection  fund  and 
all  accumulations  thereof  are  hereby  appropriated  for  the  payment 
of  the  costs  and  expenses  rendered  necessary  in  carrying  out  such 
inspections. 

Sec.  9585  (1915).  Power  to  inspect  at  any  time. — Any  member,  in- 
spector or  authorized  agent  of  the  board  of  railroad  commissioners 
may  at  any  time,  without  notice,  enter  the  premises  where  any  scale 
under  the  jurisdiction  of  the  board  may  be,  and  may  test  and  inspect 
the  same.  It  shall  be  unlawful  for  any  person  to  prevent  or  attempt 
to  prevent  or  to  interfere  in  any  way  with  any  member,  inspector  or 
authorized  agent  of  such  board  entering  such  premises  or  making 
such  inspection  or  test. 

Sec.  9586.  Violation;  penalty.— Except  as  in  this  article  otherwise 
provided,  any  person,  partnership  or  corporation  neglecting  or  re- 

517—27 49 


768  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

fusing  to  install  a  seal  upon  any  scale  under  the  jurisdiction  of  the 
board  of  railroad  commissioners,  after  thirty  days  notice  so  to  do, 
or  permitting  the  use  of  any  scale  that  shall  have  been  tested  and 
found  incorrect  before  the  same  shall  have  been  again  tested  and 
found  to  be  correct;  or  preventing  or  attempting  to  prevent  or  in 
any  way  interfering  with  any  member,  inspector  or  authorized  agent 
of  the  board  of  railroad  commisisoners  entering  the  premises  where 
such  scales  may  be  kept,  or  inspecting  or  testing  such  scales,  or  know- 
ingly failing  or  neglecting  to  observe  any  reasonable  rule  or  regula- 
tion of  the  board  of  railroad  commissioners  relating  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars  for  each 
offense. 

Rev.  Code,  1919,  Vol.  2,  Part  20,  ch.  2,  Art.  3,  p.  2510. 

Sec.  9696  (1915).  Track  scales,  privately  owned. — Whenever  any 
person  engaged  in  business  on  the  right  of  way  or  loading  tracks  at 
any  station  of  any  railroad  company  doing  business  in  this  State 
desires  to  construct,  maintain  and  operate  at  his  own  cost  and  ex- 
pense, a  track  scale  for  the  weighing  of  inbound  and  outbound  ship- 
ments of  freight  in  carload  lots,  such  person  shall  first  file  in  the 
office  of  the  board  of  railroad  commissioners  a  petition  setting  forth 
in  substance: 

1.  The  name,  place  of  residence,  business  and  place  of  business  of 
such  petitioner. 

2.  The  name  of  the  station  at  which  such;  track  scale  is  desired 
to  be  constructed  and  operated. 

3.  The  name  of  the  railway  on  whose  right  of  way  it  is  desired 
that  such  track  scale  shall  be  constructed  and  operated. 

4.  The  reasons,  stated  briefly  and  without  unnecessary  repetition, 
why  it  is  desired  to  construct  such  track  scale. 

5.  The  place  where  such  scale  is  desired  to  be  constructed. 

6.  That  the  petitioner  is  ready,  able  and  willing,  and  agrees  to 
assume  and  pay  all  expenses  in  any  wise  incurred  in  the  construction 
of  such  track  scale  and  in  the  grading  or  building  of  any  spur  or 
sidetrack  or  right  of  way,  and  all  expense  in  connection  with  the 
complete  construction  of  such  track  scale,  including  any  necessary 
changes  in  track,  grade  or  right  of  way. 

Sec.  9697.  Notice  of  hearing  on  petition. — Upon  the  filing  of  such 
petition  the  board  shall  fix  a  time  and  place  for  hearing  the  petition 
and  give  at  least  thirty  days'  notice  thereof  to  the  railway  company 
and  to  the  petitioner  interested. 

Sec.  9698.  Railroad  track  scales,  may  be  constructed,  when. — If,  after 
such  hearing,  the  board  shall  determine  that  there  is  a  sufficient 
public  demand  and  public  necessity  for  the  construction  of  such 
track  scale,  it  shall,  at  the  expense  of  the  petitioner,  procure  com- 
plete plans  and  specifications  for  the  construction  of  such  track 
scale,  and  of  any  spur  or  side  track,  and  any  changes  in  the  track  or 
grade  which  may  be  necessary  to  properly  install  such  track  scale, 
including  an  estimate  of  the  actual  expenses  necessarily  to  be  in- 
curred in  completing  the  construction  of  the  scale  and  equipping  it 
so  as  to  put  it  into  operation,  as  well  as  the  cost  of  any  spur  or  side 
track  and  any  changes  in  the  track  or  grade  which  may  be  neces- 
sary to  install  said  track  scale,  and  shall  serve  a  copy  of  such  plans 


SOUTH   DAKOTA  769 

and  specifications  and  estimate  upon  the  petitioner  and  the  railroad 
company  interested.  Upon  the  service  of  such  plans  and  specifica- 
tions and  estimate,  it  shall  be  the  duty  of  the  petitioner  to  pay  over 
to  the  board  of  railroad  commissioners  the  amount  of  money  set 
down  as  the  estimated  cost  and  expenses  of  constructing  such  track 
scale,  and  any  spur  or  side  track  and  any  changes  in  the  track  or 
grade  necessary  for  the  proper  installation  of  such  track  scale,  and 
thereupon  it  shall  be  the  duty  of  the  board  of  railroad  commissioners 
to  cause  such  track  scale  and  spur  or  side  track  to  be  constructed 
in  accordance  with  the  plans  and  specifications  and  estimate  pro- 
vided therefor,  and  after  such  track  scale  is  fully  completed,  to 
serve  notice  to  that  effect  upon  the  petitioner  and  the  railway  com- 
pany interested,  and  set  a  time  and  place  for  hearing  any  objections 
to  the  acceptance  of  the  track  scale  as  constructed.  The  board  of 
railroad  commissioners  shall  have  authority  to  determine  whether 
such  scale  has  been  substantially  constructed  according  to  the  plans 
and  specifications  and  is  suitable  to  the  requirements  of  the  shippers 
at  that  station,  and  upon  arriving  at  such  determination  shall  pay 
over  the  cost  of  construction  thereof  to  the  person  who  constructed 
the  same.  The  petitioner  shall  make  good  any  deficiency  between  the 
estimated  and  actual  cost  of  construction  within  thirty  days  from 
the  acceptance  of  such  scale.  Any  surplus  remaining  after  paying 
the  cost  of  construction  of  such  scale  shall  be  immediately  returned 
to  the  petitioner.  The  expense  of  maintaining  such  scale  shall  be 
borne  by  the  petitioner. 

Sec.  9699.  Capacity. — No  such  track  scales  shall  be  constructed  in 
such  a  way  as  to  in  any  manner  interfere  with  the  operation  by  the 
railroad  company  of  its  line  of  railway,  and  no  scale  shall  be  con- 
structed of  a  size  which  will  not  permit  of  the  weighing  of  an  entirely 
detached  car  of  a  capacity  of  not  to  exceed  one  hundred  thousand 
pounds. 

Sec.  9700.  Testing;  construction. — Jurisdiction  and  authority  shall 
be  vested  in  the  board  of  railroad  commissioners  to  require  the  con- 
struction of  track  scales  and  to  test  and  correct  the  same  from  time 
to  time  and  to  regulate  the  maintenance  and  operation  thereof. 

Sec.  9701.  Not  discontinued  without  consent  of  board. — No  such  track 
scale  shall  be  discontinued  without  the  consent  of  the  board  of  rail- 
road commissioners,  entered  at  length  upon  the  journal  of  its  pro- 
ceedings, and  then  only  upon  restoration  of  the  right  of  way  to  its 
original  state  at  the  expense  of  the  original  petitioner  or  his  suc- 
cessors in  interest. 

Rev.  Code,  1919,  Vol.  2,  ch.  3,  Art.  1,  p.  2533. 

Sec.  9746  (al917).  Duties  of  board.— It  shall  be  the  duty  of  the 
board  of  railroad  commissioners  to  supervise  the  storage  of  grain  and 
seeds,  to  establish  all  necessary  rules  and  regulations  for  the  manage- 
ment of  the  public  warehouses  of  the  State,  as  far  as  such  rules  and 
regulations  may  be  necessary  to  enforce  the  provisions  of  this  article, 
or  any  law  of  this  State,  in  regard  to  the  same;  to  investigate  all 
complaints  of  fraud  or  oppression  in  the  management  of  such  ware- 
houses and  to  correct  the  same  as  far  as  it  may  be  in  its  power. 

Sec.  9765,  as  amended  by  Laws,  1921,  ch.  347,  p.  460.  Public  ware- 
houses; inspecting,  testing  and  repairing  scales  used  therein;  penalty. — 
The  board  of  railroad  commissioners  or  any  one  or  more  members 


770  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

thereof  or  any  agent,  employee,  or  scale  inspector  of  the  board  may 
at  any  time  without  notice  enter  any  public  warehouse  in  this  State 
and  test  and  seal  all  weighing  scales  and  measures  used  in  conduct- 
ing such  warehouse  business,  and  for  that  purpose  the  board  is  au- 
thorized to  provide  itself  with  standard  weights  and  measures  and 
such  additional  facilities  and  equipment,  including  motor  vehicles 
or  such  other  means  of  conveyance  as  in  the  judgment  of  the  board 
may  be  necessary  and  suitable  in  carrying  on  the  work  of  inspecting, 
testing  and  repairing  scales  in  this  State.  If  the  person  making 
such  inspection  shall  find  any  scales  in  use  in  such  public  warehouse 
inaccurate,  he  shall  condemn  the  same  and  attach  thereto  a  card, 
notice,  or  other  device  indicating  that  the  scales  are  condemned. 
It  shall  thereafter  be  unlawful  for  any  person  to  remove,  deface 
or  destroy  such  card,  notice  or  other  device  placed  upon  condemned 
scales,  or  to  again  use,  or  permit  the  use  of  such  scales  for  any  pur- 
pose, until  the  same  shall  have  been  repaired,  retested  and  found  to 
be  correct,  and  until  the  board  of  railroad  commissioners,  or  the  per- 
son making  the  inspection,  shall  consent  to  the  further  use  of  such 
scales.  If  such  scales  are  found  to  be  incorrect  and  are  condemned, 
upon  the  request  of  the  owner  of  such  scales  or  the  person  in  charge 
of  the  same,  it  shall  be  the  duty  of  the  scale  inspector  or  the  per- 
son inspecting  the  same,  with  such  competent  assistance  to  be  fur- 
nished by  the  owner  of  such  scales  or  the  person  in  charge  of  the 
same  as  may  in  the  judgment  of  the  said  inspector  or  other  person 
inspecting  such  scales  be  necessary,  to  repair  the  same  immediately; 
provided,  that  if  the  securing  of  necessary  parts  for  the  repair  of 
such  scales  will  occasion  delay,  such  inspector  or  person  inspecting 
the  same  shall  perform  the  work  of  making  such  repairs  with 
assistance  to  be  furnished  as  aforesaid,  as  promptly  as  possible ;  and, 
provided  further,  that  the  board  of  railroad  commissioners  shall 
make  and  publish  reasonable  rules  and  regulations  for  the  inspec- 
tion, testing  and  repairing  of  such  scales  as  may  be  necessary  and 
desirable  and  not  inconsistent  with  the  laws  of  this  State,  specifying 
therein  among  other  things  the  extent  and  nature  of  the  repairs 
which  will  in  its  judgment  be  practicable  for  its  inspectors  to  make. 
In  addition  to  the  fee  provided  by  law  for  the  inspection  of  such 
scales,  the  owner  or  person  in  charge  of  such  scales  shall  pay  to  the 
board  of  railroad  commissioners  one  dollar  ($1.00)  per  hour  for  the 
time  devoted  by  the  inspector  or  other  person  inspecting  such  scales, 
to  the  work  of  repairing  the  same.  The  owner  or  person  in  charge 
of  scale  being  repaired  shall  furnish  all  materials  needed  in  mak- 
ing the  repairs.  All  moneys  collected  under  the  provisions  of 
this  section  shall  be,  by  the  board  of  railroad  commissioners  de- 
posited with  the  State  treasurer  and  by  him  kept  in  a  separate  fund 
and  be  expended  only  on  vouchers  approved  by  the  board  of  rail- 
road commissioners  pursuant  to  the  provisions  of  section  9757  of  the 
Revised  Code  of  1919  of  this  State.  Any  person  convicted  of  vio- 
lating any  provision  of  this  section  shall  be  punished  by  a  fine  not 
exceeding  $100.00  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing thirty  days  for  each  offense. 

Sec.  9767  (1909).  Weighing  of  grain  at  warehouses. — Every  person 
transacting  the  business  of  a  public  warehouse  man  in  this  State, 


SOUTH  DAKOTA  771 

from  whose  warehouse  or  elevator  grain  shall  be  shipped  to  any 
terminal  point  at  which  such  grain  shall  be  weighed,  inspected  and 
graded  by  the  officers  of  the  State  wherein  such  terminal  point  is 
situated,  and  certificates  of  such  weighing,  inspection  and  grading 
shall  be  issued  by  such  officer,  and  every  consignee  of  grain  so  shipped, 
shall  transmit  and  deliver  such  certificates  or  true  and  correct  copies 
thereof  to  the  person  having  the  immediate  charge  of  the  warehouse 
or  elevator  from  which  such  grain  was  shipped,  within  ten  days  after 
the  issuance  of  such  certificates,  and  such  certificates  or  copies  shall 
be  open  to  the  inspection  and  examination  of  any  person  who  has  an 
ownership  interest  in  such  shipment.  Any  person  violating  the  pro- 
visions of  this  section  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars  for  each  and  every  offense.     *     *     * 

Rev.  Code,  1919,  Vol.  2,  ch.  11,  Art.  9,  p.  1979. 

Sec.  7884  (1907).  Paint  labels. — Every  person  who  manufactures 
for  sale  or  sells,  within  this  State,  any  paint  which  is  not  accurately 
labeled  as  provided  in  this  article  shall  be  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  not  exceeding  sixty  days. 

Sec.  7885.  Paint  denned. — The  term  "  paint "  as  used  in  this  article 
shall  include  white  lead  in  linseed  oil  or  any  compound  intended  for 
the  same  use,  paste  or  semipaste,  and  liquid  or  mixed  paint  ready 
for  use. 

Sec.  7886.  Label  contents. — The  label  required  by  this  article  shall 
be  pasted  or  fastened  on  the  outside  of  each  container  of  paint,  and 
shall  have  printed  thereon,  clearly  and  distinctly,  the  name  and 
residence  of  the  manufacturer  of  the  paint,  or  of  the  distributor 
thereof,  or  of  the  person  for  whom  the  same  is  manufactured,  and 
the  quantity  of  paint  contained  in  the  container ;     *     *     * 

Sec.  7887.  Possession  prima  facie  evidence. — The  possession  by  any 
dealer  of  any  paint  not  labeled  as  provided  in  the  preceding  section 
shall  be  prima  facie  evidence  that  the  same  is  being  kept  in  violation 
of  this  article. 

Rev.  Code,  1919,  Vol.  2,  Part  14,  ch.  12,  p.  1983. 

Sec.  7916  (al911).  Babcock  test.—*  *  *  "Whoever  uses  the  Bab- 
cock  test  or  any  other  test  for  determining  the  quantity  of  butter- 
fat  in  milk  or  cream  purchased,  used  or  received  shall  so  operate  the 
same  as  to  produce  tests  of  clear  oil  free  from  any  foreign  substance, 
shall  weigh  the  samples  to  be  tested,  shall  correctly  read  the  measure- 
ment of  butterfat  in  such  tests,  and  in  all  transactions  concern- 
ing the  purchase  or  receiving  of  any  milk  or  cream  to  be  tested 
shall  use  true  and  correct  glassware  and  scales,  and  it  shall  be  un- 
lawful to  report  or  use  as  a  basis  for  settlement  anything  but  the 
true  and  correct  result  as  shown  by  such  tests.     *     *     * 

Sec.  7918  (1909).  Testing  apparatus. — It  shall  be  unlawful  for  any- 
one to  use  any  inaccurate,  incorrect,  or  false  pipette,  test  bottle,  scale 
or  other  apparatus  in  making  tests  of  milk  or  cream  to  determine  the 
quantity  of  butterfat  contained   therein, 


772  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Kev.  Code,  1919,  Vol.  2,  Part  15,  ch.  6,  p.  2005. 

Sec.  7992  (1917).  Director  may  promulgate  standards  and  grades. — 
After  investigation  and  public  hearings,  with  the  approval  of  the  gov- 
ernor and  the  Secretary  of  Agriculture  of  the  United  States,  such  di- 
rector [of  the  department  of  marketing]  may,  from  time  to  time,  estab- 
lish and  promulgate  standards  for  open  and  closed  receptacles  and  the 
grading  and  classification  of  farm  products,  by  which  their  quantity, 
quality  or  value  may  be  determined;  and  prescribe  and  promulgate 
rules  and  regulations  governing  the  marks,  brands  and  labels 
which  may  be  required  upon  receptacles  for  farm  products,  for 
the  purpose  of  showing  the  name  and  address  of  the  producer  or 
packer,  the  quantity,  nature  and  quality  of  the  product,  and 
for  the  purpose  of  preventing  deception  in  reference  thereto:  Pro 
vided,  That  any  standard  for  any  farm  product  or  receptacle  there- 
for, or  any  requirement  for  marking  receptacles  for  farm  products, 
established  under  authority  of  the  Congress  of  the  United  States, 
shall  forthwith,  as  far  as  applicable,  be  established,  prescribed  and 
promulgated  as  the  official  standard  or  requirement  in  this  State : 
Provided,  further,  That  any  such  standard,  rule  or  regulation  shall 
become  effective  upon  the  expiration  of  sixty  days  after  it  shall  have 
been  signed  by  the  director,  approved  by  the  governor,  and  published 
in  at  least  one  publication  of  two  or  more  newspapers  of  general 
circulation  in  the  territory  affected  thereby. 

Sec.  7993.  Products  must  conform  to  standard. — Whenever  any  stand- 
ard for  the  grade  or  other  classification  of  any  farm  product 
becomes  effective  under  this  chapter  no  person  thereafter  shall 
pack  for  sale,  offer  to  sell  or  sell  within  this  State  any  farm  product 
to  which  such  standard  is  applicable,  unless  it  conforms  to  the 
standard,  subject  to  such  reasonable  variations  therefrom  as  may  be 
allowed  in  the  rules  and  regulations  made  under  this  chapter :  Pro- 
vided, That  any  farm  product  ma}'  be  packed  for  sale,  offered  for 
sale  or  sold  without  conforming  to  the  standard  for  grade  or  other 
classification  applicable  thereto,  if  it  is  specially  described  or  plainly 
marked  "  Not  graded." 

Whenever  any  standard  for  an  open  or  closed  receptacle  for  a 
farm  product  shall  be  made  effective  under  this  chapter,  no  person 
shall  pack  for  sale,  sell  or  deliver  any  such  farm  product  in  a  recep- 
tacle to  which  such  standard  is  applicable,  unless  the  receptacle  con- 
forms to  the  standard,  subject  to  such  variations  therefrom  as  may  be 
allowed  in  the  rules  and  regulations  made  under  this  chapter  or  unless 
the  receptacle  be  of  a  capacity  25  per  cent  less  than  the  capacity  of 
the  minimum  standard  receptacle  for  the  product:  Provided,  That 
any  receptacle  for  such  farm  product  of  a  capacity  within  25  per 
cent  of,  or  larger  than  the  minimum  standard  receptacle  for  the 
product,  may  be  used  if  it  be  specifically  described  as  not  a  standard 
size,  or  be  conspicuously  marked  with  the  phrase  "  Not  standard  size,1" 
in  addition  to  any  other  marking  which  such  director  may  prescribe 
for  such  receptacle  under  authority  given  him  by  this  chapter. 

Whenever  any  requirement  for  marking  a  receptacle  for  a  farm 
product  shall  have  been  made  effective  under  this  chapter,  no  person 
shall  sell  and  deliver  in  this  State  any  such  farm  product  in  a  recep- 
tacle to  which  such  requirement  is  applicable,  unless  the  receptacle 
be  marked  according  to  such  requirement. 


SOUTH  DAKOTA  773 

Sec.  8000.  Rules  and  regulations. — Subject  to  the  approval  of  the 
governor,  such  director  shall  have  authority  to  make  and  promul- 
gate such  rules  and  regulations  not  inconsistent  with  the  laws  of  this 
State,  as  may  be  necessary  to  carry  out  the  provisions  of  this  chap- 
ter. Such  rules  and  regulations  shall  be  made  to  conform  as  nearly 
as  practicable  to  the  rules  and  regulations  5  of  the  Secretary  of  Agri- 
culture of  the  United  States,  prescribed  under  any  act  of  Congress 
relating  to  the  marketing  of  farm  products. 

Rev.  Code,  1919,  Vol.  1,  ch.  1,  p.  7. 

Sec.  30  (1909).  Standard  of  time. — That  whenever  the  term  "twelve 
o'clock,"  "noon,"  or  other  designation  of  time  shall  occur  in  any 
legislative  bill,  resolution  or  statute,  city  ordinance,  court  record, 
deed,  insurance  policy  or  other  contract,  or  other  legal  instrument, 
record,  or  proceedings,  unless  otherwise  expressly  stipulated  in  writ- 
ing, the  time  understood  shall  be,  for  Gregory  County  and  for  por- 
tions of  the  same  east  of  the  center  of  the  main  channel  of  the  Mis- 
souri River,  central  standard  time,  or  the  mean  solar  time  of  ninety 
degrees  west  of  Greenwich;  and  for  other  portions  of  the  State, 
mountain  standard  time,  or  the  mean  solar  time  of  one  hundred  and 
five  degrees  west  of  Greenwich. 

Rev.  Code,  1919,  Vol.  2,  ch.  2,  p.  2058. 

Sec.  8244  (1907).  Units  of  measurement  for  water;  miner's  inch. — 
The  standard  of  measurement  of  the  flow  of  water  shall  be  the  cubic 
foot  per  second  of  time ;  and  the  standard  of  measurement  of  the 
volume  of  water  shall  be  the  acre  foot,  being  the  amount  of  water 
upon  an  acre  covered  one  foot  deep,  equivalent  to  forty-three  thou- 
sand five  hundred  and  sixty  cubic  feet.  The  miner's  inch  shall  be 
regarded  as  one-fiftieth  of  a  cubic  foot  per  second  in  all  cases,  except 
when  some  other  equivalent  of  the  cubic  foot  per  second  has  been 
specially  stated  by  the  contract  or  has  been  established  by  actual 
measurement  or  use. 

5  See  p.   32. 


TENNESSEE 

Ann.  Code,  1917,  Shannon,  Vol.  1,  eh.  2,  Art.  VIII,  p.  174. 

Sec.  305-al  (1913).  Standards  for  State,  counties,  and  cities  defined. — 
The  weights  and  measures  received  from  the  United  States,  under  a 
resolution  of  Congress,  approved  June  14, 1836,  and  additions  thereto 
and  renewals  thereof,  certified  by  the  United  States  Bureau  of  Stand- 
ards, and  such  other  weights,  measures,  balances,  and  apparatus  as  are 
now  the  property  of  the  State  or  may  be  hereafter  added  by  the  State 
sealer  of  weights  and  measures,  hereinafter  provided  for,  which 
are  in  conformity  therewith  and  certified  by  the  National  Bureau 
of  Standards,  shall  be  the  State  standards  by  which  all  State, 
county,  and  municipal  standards  of  weights  and  measures  shall  be 
tried,  proved,  and  sealed. 

Sec.  305~a2.  State  superintendent;  general  duties;  custody  of  stand- 
arris. — The  State  pure  food  and  drug  inspector  shall  be,  and  is,  hereby 
made  ex-omcio  the  State  superintendent  of  weights  and  measures, 
hereinafter  referred  to  as  the  State  superintendent.  He  shall  have 
and  keep  a  general  supervision  of  the  weights,  measures,  weighing 
devices,  and  measuring  devices  offered  for  sale,  sold,  or  used  within 
the  State;  shall  enforce  all  laws  regarding  them;  and  shall,  in 
conjunction  with  the  State  sealer  of  weights  and  measures  hereinafter 
provided  for,  have  the  care  and  custody  of  all  weights,  measures, 
balances,  and  other  apparatus  mentioned  in  the  preceding  section. 

Sec.  30§-a3.  Assistant  sealers,  and  their  powers. — He  and  the  duly 
appointed  assistant  and  deputy  pure  food  and  drug  inspectors 
under  him  are  hereby  made  assistant  sealers,  and  shall  have  the 
same  power  and  authority  as  the  county  and  city  sealers  hereinafter 
provided  for. 

Sec.  305-a4,  Weights,  measures,  balances,  and  apparatus  to  be 
proved. — The  State  superintendent  shall  procure  at  the  expense  of 
the  State,  the  necesary  working  sets  of  weights,  measures,  balances, 
and  apparatus  for  the  use  of  said  inspectors,  and  shall  cause  same 
to  be  tried  and  proved  by  the  State  sealer. 

Sec.  3G5~a5.  Weights,  etc.,  when  sealed,  shall  be  competent  evidence.— 
Such  weights,  measures,  balances,  and  other  apparatus  provided  for 
such  inspectors,  when  sealed  by  the  State  sealer,  shall  be  competent 
evidence  in  all  the  courts  of  the  State  in  criminal  or  civil  actions. 

Sec.  305-a8.  Inspection  once  in  two  years;  annual  report  to  governor. — 
The  State  superintendent,  or  his  deputies  or  assistants,  by  his  direc- 
tion, shall  at  least  once  in  two  years  vi si t  the  various  cities  and 
counties  of  the  State  in  order  to  inspect  the  work  of  the  county 
and  city  sealers  hereinafter  provided  for;  and  in  the  performance 
of  such  duties  he  or  they  may  inspect  the  weights,  measures,  balances, 
or  any  other  weighing  or  measuring  apparatus  of  any  person,  firm,  or 
corporation,  and  shall  have  the  same  power  as  said  county  and  city 
sealers  of  weights  and  measures,  The  State  superintendent  shall 
774 


TENNESSEE  775 

likewise  annually,  during  the  first  two  weeks  in  January,  make  to 
the  governor  a  report  of  the  work  done  by  his  office. 

Sec.  305-a7.  State  sealer;  custody  of  standards,  etc.;  receipt  from  suc- 
cessor.— The  president  of  the  University  of  Tennessee  shall  be,  and  the 
same  is,  hereby  made  ex-officio  State  sealer  of  weights  and  measures, 
hereinafter  referred  to  as  the  State  sealer.  He  shall,  in  conjunction 
with  the  State  superintendent,  have  the  care  and  custody  of  all 
standard  weights,  measures,  balances,  and  other  apparatus  mentioned 
in  Section  305al;  shall  cause  them  to  be  kept  in  a  suitable  building 
belonging  to  the  University  of  Tennessee,  from  which  they  shall  not 
be  removed  except  for  repairs  or  for  certification ;  and  shall  take  all 
other  necessary  precautions  for  their  safe  keeping.  He  shall  keep 
complete  records  of  the  standards,  balances,  and  other  apparatus 
belonging  to  the  State,  and  take  receipt  for  same  from  his  successor. 

Sec.  305-a8.  State  sealer  to  procure  certification  of  standards;  sealing 
of  weights  and  measures;  sealing  city  and  county  standards. — He  shall 
maintain  the  State  standards  in  good  order,  and  shall,  in  conjunction 
with  the  State  superintendent,  submit  them,  on  passage  of  this  act, 
and  thereafter  at  least  once  in  ten  years,  to  the  National  Bureau  of 
Standards  for  certification.  He  shall  keep  a  seal,  which  shall  be  so 
formed  as  to  impress  the  letters  "  T.  N. "  and  the  last  two  figures  of 
the  year  in  which  comparison  has  been  made,  upon  all  weights,  meas- 
ures, and  balances  sealed  by  him;  and  he,  or  his  deputies,  by  his  di- 
rection, shall  correct  the  standards  of  the  several  cities  and  counties 
when  submitted  to  him  by  comparing  the  same  with  those  in  his 
possession,  and  shall  seal  the  same  when  tried  and  proved  to  be  in 
conformity  with  the  State  standards. 

Sec.  305-a9.  State  sealer  shall  test  standards  at  request  of  individuals, 
etc. ;  fees  therefor  go  into  State  treasury. — He  shall,  further,  upon  the 
written  request  of  any  citizen,  firm,  corporation,  or  educational  in- 
stitution of  the  State,  in  person  or  by  his  deputies,  test  or  calibrate 
weights,  measures,  weighing  devices,  or  measuring  devices  and  in- 
struments and  apparatus  used  for  standards  in  the  State,  and  for 
such  testing  for  citizens,  firms,  or  corporations  may  collect  fees  to  be 
fixed  by  the  State  superintendent  and  State  sealer.  Fees  so  collected 
shall  be  turned  over  to  the  State  treasurer  for  the  use  of  the  State. 

Sec.  305-alO.  State  sealer  shall  test  standards,  etc..  at  request  of  State 
superintendent.-  He  shall,  at  the  request  of  the  State  superintendent, 
♦  est  and  seal,  when  found  cos  red,  all  measures,  weights,  balances, 
weighing  devices,  or  measuring  devices  for  the  use  <>f  the  State  super- 
intendent and  his  deputy  or  assistant  inspectors. 

Sec.  305-ali.  Rules  and  regulations. — He  shall  likewise,  in  conjunc- 
tion with  the  State  superintendent,  establish  rules  and  regulations 
for  the  enforcement  of  this  article  and  for  the  guidance  of  all  city 
and  county  sealers,  and  these  regulations  shall  govern  the  procedure 
to  be  followed  by  said  officials  in  the  discharge  of  their  duties. 

Sec.  305-al2.  Deputy  State  sealer. — He  may  appoint  a  deputy  State 
sealer,  who  shall  be  a  member  of  the  faculty  of  the  University  of 
Tennessee,  and  who  shall  not  receive  any  additional  compensation 
for  his  services. 

Sec.  305-al3.  Report  to  governor.— He  shall  likewise  annually,  dur- 
ing the  first  two  weeks  in  January,  make  to  the  governor  a  report  of 
the  work  done  \>y  his  oilice, 


776  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  305-al4.  Test  for  State  institutions;  report;  special  deputies  for 
such  institutions. — The  State  superintendent,  or  his  deputies  or  in- 
spectors, by  his  direction,  shall  at  least  once  annually  test  all  scales, 
weights,  and  measures  used  in  checking  the  receipt  or  disbursement 
of  supplies  in  each  institution  under  the  direction  and  ownership  of 
the  State,  and  shall  report  in  writing  his  findings  to  the  board  hav- 
ing such  institution  under  its  control,  or  to  the  executive  officer  of  the 
institution  concerned;  and  at  the  written  request  of  such  board  or 
officer,  the  State  superintendent  shall  appoint  in  writing  one  or  more 
employees  then  in  actual  service  of  such  institution,  who  shall  act  as 
special  deputies  for  the  purpose  of  checking  the  receipt  or  disburse- 
ment of  supplies. 

Sec.  305-al5.  County  sealer  and  deputies;  appointment;  term;  salary; 
no  fees. — Any  county  may  establish  a  department  of  inspection  of 
weights  and  measures,  and  shall  have  power  to  appoint  a  sealer  and 
deputies.  Such  sealer  (and  deputies  if  provided  for)  shall  be  ap- 
pointed by  the  county  court  for  a  term  of  five  years,  and  shall  be 
paid  a  salary  to  be  determined  by  the  county  court,  said  county 
sealer's  salary  to  be  not  less  than  six  hundred  dollars  per  annum,  and 
no  fee  shall  be  charged  by  him  or  by  the  county  for  the  inspection, 
testing,  or  sealing  of  weights,  measures,  or  weighing  or  measuring 
devices. 

Sec.  305-al6.  County  sealer's  power  of  inspection  of  weights,  etc.,  for 
sale  and  for  weighing,  etc. — When  not  otherwise  provided  by  law,  the 
county  sealer  shall  have  the  power  within  his  county  to  inspect,  try. 
and  ascertain  if  they  are  correct,  all  weights,  scales,  beams,  measures 
of  every  kind,  instruments,  or  mechanical  devices  for  measuring, 
and  tools,  appliances,  or  accessories  connected  with  any  and  all  such 
instruments  or  measures  kept,  offered,  or  exposed  for  sale,  sold,  or 
used  or  employed  within  the  county  by  any  person  in  proving  the 
size,  quantities,  things,  produce,  articles  for  distribution  or  con- 
sumption offered  or  submitted  for  sale,  hire,  or  reward. 

Sec.  305-al7.  County  sealers  may  weigh,  etc.,  packages  for  sale  or 
sold,  etc. — He  shall  have  the  power  to,  and  shall  from  time  to  time 
weigh  or  measure,  packages  or  amounts  of  commodities  of  any  kind 
kept  with  intent  to  sell,  sold,  or  in  the  process  of  delivery,  in  order 
to  determine  whether  same  contain  the  amounts  represented,  or  are 
sold  in  a  manner  in  accordance  with  law. 

Sec.  305-al8.  County  sealer  shall  test  weights,  etc.,  when;  power  of 
entry,  etc. — He  shall  at  least  once  in  each  year,  and  as  much  oftener 
as  he  may  deem  necessary,  see  that  the  weights,  measures,  and  all 
apparatus  used  in  the  county  are  correct,  and  may  for  this  purpose 
and  in  the  general  performance  of  his  official  duties  enter  and  go 
into  or  upon  and  without  formal  warrant  any  place,  building,  or 
premises,  or  stop  any  vendor,  peddler,  junk  dealer,  or  any  dealer 
whatsoever,  and  require  him,  if  necessary,  to  proceed  to  some  place 
which  the  sealer  may  specify  for  the  purpose  of  making  proper  tests. 

Sec.  305-al9.  County  sealer  to  prosecute  violators  of  law. — Whenever 
he  finds  a  violation  of  any  statute  relating  to  weights  and  measures, 
he  shall  cause  the  violator  to  be  prosecuted. 

Sec.  305-a20.  Correct  weights,  etc.,  to  be  sealed. — Whenever  the 
county  sealer  compares  weights,  measures,  weighing  devices,  or 
measuring  devices,  and  finds  that  they  correspond  or  causes  them 


TENNESSEE  777 

to  correspond  with  the  standards  in  his  possession,  he  shall  seal  or 
mark  such  weights,  measures,  weighing  devices  or  measuring  devices 
with  a  seal  to  be  approved  by  the  State  superintendent. 

Sec.  305-a21.  Incorrect  weights,  etc.,  to  he  destroyed  or  condemned  for 
repairs. — He  shall  condemn  and  seize  and  may  destroy  incorrect 
weights,  measures,  weighing  devices,  or  measuring  devices  which,  in 
his  best  judgment,  are  not  susceptible  of  satisfactory  repair ;  but  such 
as  are  incorrect  and  yet  may  be  repaired  he  shall  mark  or  tag  as 
"  Condemned  for  Repairs "  in  a  manner  prescribed  by  the  State 
superintendent. 

Sec.  305-a22.  Weights,  etc.,  condemned  for  repairs  must  be  repaired, 
when,  or  be  confiscated. — The  owners  or  users  of  apparatus  so  con- 
demned shall  have  same  corrected  or  repaired  within  ten  days,  and 
may  neither  use  nor  dispose  of  same  in  any  manner  without  permis- 
sion from  the  county  sealer.  Any  apparatus  which  has  been  "  con- 
demned for  repairs  "  and  has  not  been  repaired  as  required  above 
shall  be  confiscated  by  the  sealer. 

Sec.  305-a23.  County  sealer  to  record  official  acts  and  report  to  county 
court  and  State  superintendent. — The  county  sealer  shall  keep  a  com- 
plete record  of  all  of  his  official  acts,  and  shall  make  an  annual  report 
to  the  county  court,  and  an  annual  report,  duly  sworn  to,  on  the 
first  day  of  December  of  each  year  to  the  State  superintendent,  on 
blanks  to  be  furnished  by  the  superintendent. 

Sec.  305-a24.  County  to  provide  sealer  with  suitable  quarters  and 
standards. — When  a  county  shall  establish  such  a  department  of 
weights  and  measures,  it  shall  provide  the  sealer  with  suitable 
quarters,  a  set  of  standards  to  be  approved  by  the  State  sealer  and 
State  superintendent  and  all  other  equipment  for  the  proper  per- 
formance of  his  duties. 

Sec.  305-a25.  County  standards  to  be  proved  and  sealed,  and  verified, 
when. — All  county  standards  shall  be  tried,  proved,  and  sealed  under 
the  direction  of  the  State  sealer,  and  shall  be  returned  to  him  for 
verification  at  least  once  in  every  five  years. 

Sec.  305-a26.  Combination  by  counties  and  power  of  sealer  of  com- 
bined counties. — Nothing  in  the  above  shall  be  construed  to  prevent 
two  or  more  counties  combining  the  whole  or  any  part  of  their  dis- 
tricts, as  ma}'  be  agreed  upon  by  the  county  courts  thereof,  with  one 
set  of  standards  and  one  sealer,  upon  the  written  consent  of  the 
State  superintendent.  A  sealer  appointed  in  pursuance  of  any  agree- 
ment for  such  combination  shall,  subject  to  the  terms  of  his  appoint- 
ment, have  the  same  authority,  jurisdiction,  and  duties  as  if  he  had 
been  appointed  by  each  of  the  parties  to  the  agreement. 

Sec.  305-a27.  City  sealer  and  deputies;  ordinances;  suitable  quarters 
and  standards. — Any  city  or  municipality  in  the  State  may  establish  a 
department  of  inspection  of  weights  and  measures,  and  shall  have 
power  to  appoint  a  sealer  and  deputies  and  fix  their  compensation, 
and  pass  such  ordinances,  not  in  conflict  with  the  State  laws  as  may 
be  deemed  necessary;  and  if  a  city  or  municipality  shall  establish 
such  a  department,  il  shall  provide  the  sealer  with  suitable  quarters 
and  a  set  of  standards  to  be  approved  by  the  State  sealer  and  State 
superintendent,  and  all  other  equipment  for  the  proper  performance 
of  his  duties. 


778  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  305-a2S.  City  standards  to  be  proved,  and  sealed,  verified,  when. — 
All  city  and  municipal  standards  shall  be  tried,  proved  and  sealed 
under  the  direction  of  the  State  sealer,  and  shall  be  returned  to  him 
for  verification  at  least  once  in  every  five  years. 

Sec.  305-a29.  City  sealer's  duties  and  powers. — The  city  sealer  shall 
perform  in  such  city  the  duties  and  have  like  powers  as  the  county 
sealer  in  the  county. 

Sec.  305-a30.  If  no  city  sealer,  county  sealer  acts. — In  those  cities  in 
which  no  sealer  is  appointed  the  county  sealer  of  the  county  shall 
perform  in  said  cities  the  duties  and  have  like  powers  as  in  the 
county. 

Sec.  305-a31.  Combination  by  county  and  city. — Nothing  in  the  above 
shall  be  construed  to  prevent  any  county  and  any  city  situated 
therein  from  combining  the  whole  or  any  part  of  their  districts,  as 
may  be  agreed  upon,  with  one  sealer,  subject  to  the  written  approval 
of  the  State  superintendent. 

Sec.  305-a32.  Powers  and  duties  of  combination  county  and  city 
sealer. — A  sealer  appointed  in  such  agreement  or  combination  shall, 
subject  to  the  terms  of  his  appointment,  have  the  same  authority, 
jurisdiction,  and  duties  as  if  he  had  been  appointed  by  each  of  the 
parties  to  the  agreement. 

Sec.  305-a33.  Misdemeanor  to  seal  or  condemn  weights,  etc.,  before 
test;  removal  from  office. — Any  State,  county,  or  city  sealer,  or  deputy 
or  assistant  sealer,  who  shall  seal  any  weight,  measure,  or  balance, 
weighing  device,  or  measuring  device,  before  testing  and  making  the 
same  to  conform  to  the  authorized  standards  or  who  shall  condemn, 
seize,  or  destroy  any  weight,  measure,  or  balance,  or  weighing  device, 
or  measuring  device,  without  first  testing  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  be  subject  to  a 
fine  of  not  less  than  $25.00  nor  more  than  $100.00,  and  shall  be  forth- 
with removed  from  office  by  the  State  superintendent  or  other  person 
or  persons  having  authority  to  make  such  removal. 

Sec.  305-a34.  Said  officers  are  special  policemen,  and  may  arrest  vio- 
lators, and  seize  weights,  etc,  of  commodities,  as  evidence. — The  State 
superintendent,  his  deputies  and  inspectors,  the  State  sealer,  and  the 
county  and  city  sealers  of  weights  and  measures  are  hereby  made 
special  j)olicemen.  and  are  authorized  and  empowered  to  arrest,  with- 
out formal  warrant,  any  violator  of  any  statute  in  relation  to  weights 
and  measures,  and  to  seize  for  use  as  evidence,  and  without  formal 
warrant,  any  false  or  unsealed  weight,  measure,  weighing  device,  or 
measuring  device,  or  packages  or  amounts  of  commodities,  offered 
or  exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  305-a35.  Misdemeanor  to  interfere  with  said  officers,  or  to  fail  to 
produce  weights,  etc.;  punishment. — Any  person  who  shall  hinder, 
obstruct,  or  interfere  in  any  way  with  the  State  superintendent, 
State  sealer,  any  deputy  or  assistant  State  sealer,  or  any  county  or 
city  sealer  while  in  the  performance  of  his  official  duties,  or  who 
shall  fail  to  produce,  upon  demand  by  any  authorized  sealer  or  in- 
spector of  weights  and  measures,  any  weights,  measures,  balances, 
weighing  devices  or  measuring  devices  in  or  upon  his  premises,  place 
of  business,  or  in  his  possession  for  use  in  manufacture  or  trade, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  subject  to  a  Hue  of  not  less  than  $10.00  nor  more  than 


TENNESSEE  779 

$50.00,  or  to  imprisonment  for  not  more  than  ninety  days,  or  to  both 
such  fine  and  imprisonment. 

Sec.  305-a36.  Appropriations. — For  the  purpose  of  correcting,  sup- 
plementing, and  unifying  the  standards  now  owned  by  the  State, 
as  directed  in  sections  305-a7  to  305-alO,  the  sum  of  $600.00,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated;  for  the 
purpose  of  caring  for  said  standards  the  sum  of  $200.00  per  annum, 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated ;  for 
the  purpose  of  carrying  out  the  provisions  of  this  article  the  sum  of 
$1,000.00  per  annum,  or  as  much  thereof  as  may  be  necessary,  is 
hereby  appropriated.  Said  sum  shall  be  paid  out  of  the  State 
treasury  on  sworn  vouchers  of  the  State  superintendent,  approved 
by  the  governor. 

Sec.  305-a37.  State  superintendent  and  sealer  shall  jointly  fix  varia- 
tions, and  give  publicity  thereto. — The  State  superintendent  of  weights 
and  measures  and  the  State  sealer  of  weights  and  measures  shall 
jointly  fix  and  determine  reasonable  variations  for  all  classes  of  com- 
modities; and  they  shall  give  the  reasonable  variations  so  estab- 
lished all  possible  publicity  through  the  public  press  and  through 
bulletins  of  their  offices. 

Laws,  1921,  ch.  125,  p.  341. 

Sec.  1.  Sale  of  dry  commodities  by  weight. — That  it  shall  be  unlawful 
for  any  person,  firm  or  corporation  in  this  State  to  sell  or  offer  for 
sale  any  food  commodity  by  dry  capacity  measure,  shall  hereafter 
be  sold  by  weight  only:  Provided,  however,  That  this  act  shall  not 
be  construed  to  prohibit  the  sale  of  dry  food  commodities  in  terms 
of  the  denominations  of  dry  measure  when  such  articles  are  weighed 
and  sold  in  accordance  with  standards  fixed  by  chapter  240,  act  of 
1887  [sec.  3475],  entitled  "An  act  to  establish  and  define  a  uniform 
standard  of  weights  and  measures  in  the  State  of  Tennessee."  And 
provided  further  this  shall  not  apply  to  dry  food  commodities 
shipped  into  the  State  when  sold  in  the  original  package. 

Sec.  2.  Enforcement  of  act;  rules  and  regulations. — That  the  State 
superintendent  of  weights  and  measures,  his  duly  authorized  assist- 
ants and  deputies  and  all  county  and  city  sealers  of  weights  and 
measures,  are  hereby  charged  with  the  enforcement  of  this  act,  and 
the  said  superintendent  of  weights  and  measures,  and  the  State 
sealer  of  weights  and  measures,  are  hereby  authorized  and  em- 
powered jointly  to  make  all  reasonable  rules  and  regulations  neces- 
sary for  the  enforcement  of  this  act. 

Sec.  3.  Penalty.— That  any  person,  firm  or  corporation,  who  shall 
violate  any  of  the  provisions  of  this  act  or  the  reasonable  rules  and 
regulations  made  in  pursuance  thereto,  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  the  conviction  thereof  shall  be  fined  not  less 
than  ten  dollars  ($10.00)  nor  more  than  fifty  dollars  ($50.00)  for 
each  offense. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  2Q,  p.  2832. 

Sec.  3475  (al905).  Table  of  weights  and  measures;  legal  weights  of 
barrels  or  bushels  of  various  products ;  legal  weights  per  barrel  or  bushel 
of  various  products.— The  following  shall  be  the  legal  and  uniform 
standard  1  of  weights  and  measures  in  this  State  for  the  sale  and 

1  See  ch.  125,  Laws,   1921,  above. 


780 


LAWS  CONCERNING  WEIGHTS  AND   MEASURES 


purchase  of  the  following  named  products  of  the  farm,  orchard,  and 
garden,  and  articles  of  merchandise,  to  wit : 2 


Apples,  green. .bush,  per  bbl.3. 

Do lbs.  per  bush. 

Apples,  dried do — 

Apple  seed do — 

Barley do — 

Beans,  dried do — 

Beans,  green,  in  pods do 

Do bush,  per  bbl. 

Beans,  castor lbs.  per  bush. 

Beef,  net lbs.  per  bbl. 

Beets lbs.  per  bush. 

Blackberries do 

Blackberries,  dried do 

Blue  grass  seed do — 

Bran do — 

Broom  corn  seed do 

Buckwheat do 

Cabbage do — 

Canary  seed do 

Carrots do — 

Cement do 

Charcoal do 

Cherries,  with  stems do 

Cherries,  without  stems__do 

Chestnuts do 

Clover  seed,  red  and  white 

lbs.  per  bush. 

Coal,  stone do — 

Coke do 

Corn,  shelled do 

Corn  in  the  ear,  shucked.do 

Corn,  in  the  ear,  with  shucks 

lbs.  per  bush. 

Corn,  green,   with  shucks.do.. 

Do bush,  per  bbl. 

Corn,  matured,  with  shucks 

bush,  per  bbl. 

Corn,  pop lbs.  per  bush. 

Corn  meal,  unbolted do 

Corn  meal,  bolted do 

Cottonseed do — 

Cucumbers do 

Fish .lbs.  per  bbl. 

Flaxseed lbs.  per  bush . 

Flour lbs.  per  bbl. 

Gooseberries lbs.  per  bush. 

Grapes,  with  stems do 

Grapes,  without  stems 

lbs.  per  bush- 
Hair,  plastering. 

Hempseed 

Hickory  nuts... 

Hominy 

Horse-radish 

Hungarian  seed. 


do. 

do 

do 

do 

do 

do 


2K 
50 
24 
40 
48 
60 
30 

46 
200 
50 
48 
28 
14 
20 
42 
50 
50 
60 
50 
80 
22 
56 
64 
50 

60 
80 
40 
56 
70 

74 
100 
2^ 

5 

70 

48 

48 

28 

48 
200 

56 
196 

48 

48 

60 
8 
44 
50 
62 
50 


Land  plaster lbs.  per  bush. 

Lime,  unslaked do 

Lime,  slaked do 

Liquids gals,  per  bbl . 

Melon,  cantaloupe 

lbs.  per  bush- 
Melon,  cantaloupe 

bush,  per  bbl. 

Millet,  German,  seed 

lbs.  per  bush. 

Millet,  Missouri do 

Millet,  Tennessee do 

Oats  seed do 

Onions,  button  sets do 

Onions,  matured do 

Onions,  top  buttons do 

Orchard  grass  seed do 


.do. 

...do... 
...do... 
...do... 
...do... 
...do... 
...do... 
...do... 
..do... 


Osage  orange  seed. 

Parsnips 

Peaches,  matured 

Peaches,  dried 

Pears,  matured 

Pears,  dry 

Peanuts 

Peas,  dry 

Peas,  green,  in  hull 

Peas,  green,  in  hull 

bush,  per  bbl. 

Pieplant lbs.  per  bush. 

Plums do 

Pork,  net lbs.  per  bbl. 

Potatoes,  Irish.. lbs.  per  bush. 
Potatoes,  Irish. .bush,  per  bbl. 

Potatoes,  sweet do 

Potatoes,  sweet  .lbs.  per  bush. 

Quinces,  matured 

Raspberries 

Redrop  seed 

Rye  seed 

Rye  grass  (Italian)  seed. do 

Sage do 

Salads,  turnips,  kale do 

Salads,  mustard,  spinach. do 

Salt do.-- 

Sorghum  molasses.lbs.  per  gal. 

Sorghum  seed lbs.  per  bush. 

Strawberries do 

Timothy  seed do 

Tomatoes do 

Turnips bush,  per  bbl. 

Turnips lbs.  per  bush. 

Velvet  grass  seed do 

Walnuts do 

Wheat do 


...do. 
.do__. 
.do... 
.do... 


100 

80 
40 

42 

50 

2K 

50 
50 
50 
32 
32 
56 
28 
14 
33 
50 
50 
26 
56 
26 
23 
60 
30 

2V2 

50 

64 

200 

60 

2y2 

50 
48 
48 
14 
56 
20 

4 
30 
30 
50 
12 
50 
48 
45 
56 

2V2 
50 

7 
50 
60 


Sec.  3476  (1895).  Violation  a  misdemeanor;  penalty. — It  shall  be 
unlawful  to  buy  or  sell  any  of  the  products  of  the  farm,  orchard,  or 
garden,  or  articles  of  merchandise,  mentioned  in  section  3475,  except 
in  strict  accordance  with  the  standard  of  weights  and  measures  pro- 


s  For  convenience  in  printing,  a  slight  change  has  been  made  in  arrangement  of  these 
articles. 

a  See  footnote,  p.  20,  relative  to  the  Federal  standard  barrel. 


TENNESSEE  781 

vided  therein;  and  it  shall  be  unlawful  to  dock  any  of  the  articles 
mentioned  in  said  section,  delivered  in  good  condition  and  marketable 
form,  on  account  of  keg  or  barrel,  without  allowing  value  of  same. 
Any  person  violating  this  section,  or  any  part  thereof,  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

Sec.  3476-al.  (1905).  Standard  bushel  of  corn  meal. — The  standard 
weight  of  a  bushel  of  corn  meal,  whether  bolted  or  unbolted,  shall  be 
forty-eight  pounds. 

Sec.  3476-a2.  Corn  meal  sold  in  bags  showing  what;  unlawful  to  sell 
otherwise. — It  shall  be  unlawful  for  any  person  or  persons  to  pack 
for  sale,  sell,  or  offer  for  sale  in  this  State  any  corn  meal,  except  in 
bags  or  packages  containing  by  standard  weight  two  bushels  or  one 
bushel  or  one-half  bushel  or  one-fourth  bushel  or  one-eighth  bushel, 
respectively.  Each  bag  or  package  of  corn  meal  shall  have  plainly 
printed  or  marked  thereon,  whether  the  meal  is  "  bolted  "  or  "  un- 
bolted," the  amount  it  contains  in  bushels  or  fraction  of  a  bushel, 
and  the  weight  in  pounds :  Provided,  The  provisions  of  this  section 
shall  not  apply  to  the  retailing  of  meal  direct  to  customers  from  bulk 
stock  when  priced  and  delivered  by  actual  weight  or  measure. 

Sec.  3476-a3.  Violation  of  last  two  sections  is  a  misdemeanor. — Any 
person  or  persons  guilty  of  violating  either  of  the  last  two  sections 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  fine  of  not  exceeding  one  hundred  dollars  or  by 
imprisonment  not  exceeding  thirty  days,  or  by  both  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

Sec.  3476-a4  (1899).  Standard  half -bushel  measure. — It  shall  be  un- 
lawful for  any  person,  commission  merchant,  miller,  dealer,  grain 
inspector,  corporation,  company,  firm,  or  association,  either  by  him- 
self, itself,  officer,  agent,  or  employee,  when  purchasing  wheat  from 
the  owner,  his  agent,  or  employee,  to  use  for  the  purpose  of  testing 
or  determining  the  weight,  grade,  milling,  or  market  value  of  wheat, 
any  measure  other  than  the  standard  half  bushel  measure  furnished 
this  State  by  the  United  States;  and  the  use  of  any  fractional  part 
of  said  standard  half  bushel  measure  for  such  purpose  will  be  a 
violation  of  this  section. 

Sec.  3476-a5.  Leveling  stick. — It  shall  be  unlawful  to  use  anything 
other  than  a  straight  stick,  with  the  edges  square,  for  leveling  the 
wheat  in  said  half  bushel  measure  for  the  purpose  of  testing  the 
weight,  grade,  milling,  or  market  value  of  wheat. 

Sec.  3476-a6.  Penalty. — Any  person  violating  the  provisions  of  the 
last  two  sections  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars 
for  each  offense. 

Sec.  3477  (1857-58).  Apparatus  to  be  proved  and  sealed  yearly. — 
Every  person  keeping  any  store,  grocery,  warehouse,  merchant  mill, 
commission  house,  railroad  depot,  or  any  scales  or  apparatus  for 
weighing  or  measuring  for  the  public,  shall,  once  in  each  year,  have 
the  weights,  measures,  and  other  apparatus  used  by  him  proved  and 
sealed. 

Sec.  3478.  Penalty  for  neglect. — For  every  neglect  to  comply  with 
this  provision,  the  delinquent  shall  be  liable  to  a  penalty  of  five 
dollars,  to  be  recovered  before  a  justice  of  the  peace,  one-half  to  the 


782  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

use  of  the  town  or  county,  the  other  half  to  the  person  who  sues 
therefor. 

Sec.  3479.  Unsealed  apparatus  prohibited. — Every  person  not  enu- 
merated in  section  3477,  who  shall  use  weights,  measures,  or  other 
apparatus,  in  buying  or  selling,  which  have  not  been  once  sealed  as 
required  by  law,  shall  be  subject  to  a  penalty  of  one  dollar  and  costs, 
recoverable  as  above. 

Sec.  3480.  Treble  damages  and  costs.— If  any  person  use  such  weights, 
measures,  and  apparatus  which  have  not  been  sealed  according  to 
law,  or  which  have  been  altered  after  being  sealed,  whereby  any 
person  shall  be  defrauded,  he  shall  be  subject  to  an  action  at  law,  in 
which  the  person  defrauded  shall  recover  three  times  the  amount  of 
damages  and  costs. 

Sec.  3481°.  Surveyor's  chains. — Every  surveyor  shall  have  the 
chains  or  other  measures  used  by  him  in  conformity  with  the 
standard. 

Sec.  3482.  Metric  system  legalized. — It  shall  be  lawful  throughout 
the  United  States  of  America  to  employ  the  weights  and  measures 
of  the  metric  system,  and  no  contract  or  dealing  or  pleading  in  any 
court  shall  be  deemed  invalid  or  liable  to  objection  because  the 
weights  or  measures  expressed  or  referred  to  therein  are  weights  or 
measures  of  the  metric  system. 

Sec.  3483.  Tables  of  weights  and  measures. — The  tables  in  the  sched- 
ule hereto  annexed  shall  be  recognized  in  the  construction  of  con- 
tracts, and  in  all  legal  proceedings,  as  establishing,  in  terms  of  the 
weights  and  measures  now  in  use  in  the  United  States,  the  equivalent 
of  the  weights  and  measures  expressed  therein  in  terms  of  the  metric 
system;  and  said  tables  may  be  lawfully  used  for  computing,  de- 
termining, and  expressing,  in  customary  weights  and  measures,  the 
weights  and  measures  of  the  metric  system.4 

Sec.  3484.  Metric  system  furnished  States. — The  Secretary  of  the 
Treasury  shall  furnish  each  State,  to  be  delivered  to  the  governor 
thereof,  one  set  of  the  standard  weights  and  measures  of  the  metric 
system  for  the  use  of  the  States  respectively. 

Ann.  Code,  1917,  Shannon,  Vol.  5,  ch.  6,  Art.  2,  p.  6111. 

Sec.  6734  (1741).  False  balance,  weight,  or  measure. — If  any  person, 
with  intent  to  defraud,  have  in  his  possession,  or  use,  any  false 
balance,  weight,  or  measure  in  any  business,  trade,  or  transaction, 
it  shall  be  a  misdemeanor, 

Sec.  6735.  Forfeited. — The  magistrate  granting  the  warrant  of  ar- 
lest  for  the  offense  described  in  the  last  section,  shall  also  direct  the 
seizure  of  the  false  weights,  balances,  or  measures;  and  if  they  are 
found  to  be  false,  the}'  shall  be  forfeited  to  the  county,  and,  after 
being  made  of  the  standard  weight  or  measure,  may  be  sold  and  the 
money  paid  into  the  county  treasury. 

Sec.  6735-al  (1913).  Misdemeanor  to  sell,  use,  or  possess  false,  un- 
sealed, or  condemned  weights  and  measures  or  devises. — Any  person  who, 
by  himself  or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of 
another,  shall  offer  or  expose  for  sale,  sell  or  retain  in  his  possession. 
a  false  weight  or  measure  or  weighing  or  measuring  device  or  any 

1  Here  followed  the  tables  of  the  metric  system  with  the  equivalents  in  denominations 
In  use  at  present.     See  United  States  laws,  p.  8. 


TENNESSEE  783 

weight,  measure,  weighing  device,  or  measuring  device  which  has 
not  been  sealed  by  a  State,  county,  or  city  sealer  of  weights  and 
measures,  within  one  year,  or  use  same  in  the  buying  or  selling  of 
any  commodity  or  thing  or  for  hire  or  reward,  or  shall  dispose  of 
any  condemned  weight,  measure,  weighing  device,  or  measuring- 
device,  contrary  to  law,  or  remove  any  tag  placed  thereon  by  any 
sealer  of  weights  and  measures ;  or  shall,  by  himself  or  by  his  servant 
or  agent,  or  as  the  servant  or  agent  of  another,  offer  or  expose  for 
sale,  or  have  in  his  possession  for  the  purpose  of  selling,  any  device 
or  instrument  to  be  used  to  or  calculated  to  falsify  any  weight  or 
measure,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  $10  nor  more 
than  $50  for  the  first  offense,  and  for  subsequent  offenses  by  a  fine  of 
not  less  than  $50  nor  more  than  $100,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days,  or  by  both  such  fines  and 
imprisonment. 

Sec.  6735-a2.  Sale  by  false  weight,  measure,  or  numerical  count  is 
a  misdemeanor;  variations  to  be  fixed  and  allowed. — Any  person  who, 
by  himself  or  by  his  servant  or  agent,  shall  sell,  offer,  or  expose 
for  sale  any  quantity  of  any  commodity  which  is  by  weight,  measure, 
or  numerical  count  less  than  the  quantity  which  he  represents  same 
to  be,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  not  less  than  $10  nor  more  than  $50  for  the  first  offense, 
and  for  subsequent  offenses  not  less  than  $50  nor  more  than  $100, 
or  shall  be  imprisoned  in  the  county  jail  not  more  than  ninety  days, 
or  both  such  fine  and  imprisonment :  Provided,  That  the  State  super- 
intendent of  weights  and  measures  and  the  State  sealer  of  weights 
and  measures  shall  jointly  fix  and  determine  reasonable  variations 
for  all  classes  of  commodities;  and  no  penalties  for  violation  of 
this  section  shall  be  imposed  when  the  variation  in  weight,  measure, 
or  numerical  count  does  not  exceed  the  reasonable  variation  so  fixed : 
Provided  further,  That  the  said  State  superintendent  and  State 
sealer  shall  give  the  reasonable  variations  so  established  all  possible 
publicity  through  the  public  press  and  through  bulletins  of  their 
offices. 

Sec.  6735-a3.  Inquisitional  power;  special  charge. — The  grand  juries 
of  the  several  counties  of  the  State  shall  have  inquisitorial  power 
over  said  offenses,  and  the  judges  of  the  several  criminal  courts  and 
circuit  courts  having  criminal  jurisdiction  shall  especially  charge 
this  law  to  the  grand  juries  of  the  several  counties  of  the  State. 

Sec.  6735-a4  (1909).  Weight  falsely  marked.— It  shall  be  unlawful 
for  any  merchant  or  manufacturer  or  any  person  to  sell  within  this 
State  any  package  or  quantity  of  any  commodity  marked  to  contain 
or  represented  to  contain  a  certain  number  of  pounds  or  ounces  or 
fractions  thereof  when,  as  a  matter  of  fact,  it  contains  a  less  quan- 
tity. 

Sec.  6735-a5.  Tolerance;  penalty  for  violation. — Every  violation  of 
the  preceding  section,  where  the  shortage  in  weight  is  as  much  as 
one  per  cent  of  the  marked  or  represented  weight,  is  declared  to 
be  and  shall  be  a  misdemeanor,  and  shall  be  punished  by  fine  of 
not  less  than  ten  dollars  nor  more  than  five  hundred  dollars  or  by 
517—27 50 


784  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

imprisonment  in  the  county  workhouse  for  not  more  than  six  months 
or  by  both  in  the  discretion  of  the  court. 
Sec.  6736°.  Misdemeanor  to  alter  brands. — It  shall  be  a  misdemeanor: 
(1)  For  any  person  with  intent  to  defraud,  falsely  to  alter  any 
stamp,  brand,  or  mark  on  any  cask,  package,  box,  or  bale  containing 
merchandise  or  produce,  made  by  a  public  officer  appointed  for  that 
purpose,  in  order  to  denote  the  quality,  weight,  or  quantity  of  the 
contents  thereof.     *     *     * 

Ann.  Code,  1917,  Shannon,  Vol.  5,  ch.  3,  p.  5669. 

Sec.  6045  (1827).  Appropriation. — The  county  court  may  appro- 
priate money  as  follows : 

(14)  For  weights  and  measures. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  11,  p.  2769. 

Sec.  3370  (1801).  Coopers,  restriction  on. — No  cooper  or  other  person 
furnishing  casks  shall  expose  to  sale  any  barrel  or  half  barrel  for 
holding  butter,  lard,  flour,  or  kiln-dried  meal,  but  such  as  are  herein 
directed  to  be  made  for  that  use. 

Sec.  3371.  Casks,  specifications  for. — All  casks  intended  for  the  pur- 
pose of  containing  butter  or  lard  for  exportation  shall  be  made  of 
well-seasoned  timber,  the  staves  not  less  than  half  an  inch  thick, 
and  the  heads  not  less  than  three-quarters  of  an  inch  thick  when 
wrought,  the  heading  well  dowelled,  the  cask  to  have  twelve  good 
and  substantial  hoops,  securely  nailed  or  pinned,  and  to  be  perfectly 
tight,  and  capable  of  holding  said  articles  in  a  liquid  state. 

Sec.  3372.  Barrel  and  half  barrel. — Each  barrel  shall  contain  not 
more  than  thirty  gallons,  and  each  half  barrel  fifteen  gallons. 

Sec.  3373  (1859-60).  Flour  barrel,  how  to  be  made. — Casks  intended 
to  contain  flour  or  meal  for  exportation  shall  be  made  of  good  sea- 
soned materials,  tightened  with  ten  hoops,  sufficiently  nailed  with 
four  nails  in  each  chime  hoop,  and  three  nails  in  each  bilge  hoop, 
and  shall  be  of  the  following  dimensions:  The  staves  of  the  barrel 
shall  be  twenty-seven  inches  long,  and  the  head  seventeen  inches  in 
diameter;  and  the  half  barrel  shall  be  one-half  the  capacity  of  the 
barrel. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  12,  p.  2770. 

Sec.  3374  (1801).  Contents  of  flour  barrel. — Every  packer  of  flour  or 
kiln-dried  meal  shall  put  into  a  barrel  the  full  quantity  of  one  hun- 
dred and  ninet3r-six  pounds  of  flour,  and  into  every  half  barrel  the 
full  quantity  of  ninety-eight  pounds  of  flour. 

Sec.  3378-al  (1903).  Barrels  and  packages  to  be  well  made,  and 
branded,  how. — All  flour,  grits,  or  corn  meal  packed  in  barrels  or  half 
barrels,  made  of  any  material,  or  any  packages  made  of  wood  or 
metal  in  which  flour,  grits,  or  corn  meal  are  offered  for  sale,  shall 
be  well  made  and  of  good  material,  and  shall  have  the  net  weight  of 
flour  plainly  marked  on  the  head,  top,  or  side  of  the  barrel  or  pack- 
age with  a  stencil  or  paper  label  or  pencil,  with  letters  and  figures 
not  less  than  one  inch  in  length,  and  the  tare  marked  on  the  reverse 
end  or  side  of  the  barrel  or  package  in  like  manner. 

Sec.  3378-a2.  Weights  in  barrels  and  sacks  to  be  branded. — Every 
miller,  bolter,  blender,  or  mixer,  or  other  person  who  manufactures 


TENNESSEE  785 

or  who  buys  flour,  grits,  or  corn  meal  for  the  purpose  of  repacking, 
shall  put  into  each  barrel  the  full  quantity  and  weight  of  one 
hundred  and  ninety-six  pounds  of  flour,  grits,  or  corn  meal,  and 
shall  put  into  each  half  barrel  the  quantity  and  weight  of  ninety- 
eight  pounds  of  flour,  grits,  or  corn  meal.  When  flour,  grits,  or  corn 
meal  is  packed  in  sacks,  the  gross  weight  shall  be  as  follows :  Half- 
barrel  sacks,  96  pounds;  quarter-barrel  sacks,  48  pounds;  eighth- 
barrel  sacks,  24  pounds;  sixteenth-barrel  sacks,  12  pounds;  thirty- 
second-barrel  sacks,  6  pounds;  and  may  be  packed  in  any  other  size 
package,  but  whatever  the  size  of  the  package,  the  gross  weight  of 
each  package  shall  be  stamped,  stenciled,  or  printed  on  each  package. 

Sec.  3378-a3.  Variations  allowed. — From  the  weights  above  specified, 
variations  from  inaccuracies  will  be  allowed  as  follows :  On  all 
packages  weighing  90  pounds  or  over,  an  allowance  of  one-fourth  of 
1  per  cent,  and  on  all  packages  smaller  than  90  pounds,  an  allow- 
ance of  one-half  of  1  per  cent  less  than  the  weight  specified  in  section 
3378-a2. 

Sec.  3378-a4.  Violation  is  a  misdemeanor ;  fine. — Anj^  violation  of  sec- 
tions 3368-al  to  3378-a3  shall  be  a  misdeameanor ;  and,  upon  convic- 
tion, the  offender  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars. 

Sec.  3378-a5.  Weight  of  stock  food  to  be  marked  on  sack  or  package. — 
It  shall  be  unlawful  for  any  corporation,  firm,  or  person,  to  pack 
for  sale,  sell,  or  offer  for  sale  in  this  State  any  stock  food  without 
plainly  marking  upon  the  sack  or  package  in  letters  and  figures  not 
less  than  two  inches  in  size,  the  actual  weight  of  each  sack  of  pack- 
age of  such  food. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  13,  p.  2772. 

Sec.  3385  (1870-71).  Tobacco  scales,  and  inspection  thereof. — The 
proprietor  [of  tobacco  warehouses]  shall  keep  good  and  sufficient 
scales  for  weighing  tobacco,  which  shall  be  tested  at  the  beginning  of 
each  tobacco  year,  and  every  three  months  thereafter,  by  the  keeper 
and  sealer  of  weights  for  the  county,  and  at  the  time  when  written 
application  is  made  by  two  or  more  planters  or  burghers. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  14,  p.  2791. 

Sec.  3452  (1777).  Measures. — Millers  shall  keep  in  their  mills  the 
following  sealed  measures:  One  half  bushel,  one  peck,  and  proper 
toll  dishes  for  each  measure. 

Sec.  3453.  False  toll  dishes. — Every  owner  keeping  a  mill,  either  by 
himself,  servant,  or  lessee,  who  shall  be  convicted  of  keeping  false 
toll  dishes,  shall  forfeit  and  pay  to  the  party  injured  ten  dollars, 
to  be  recovered  before  any  justice  of  the  peace  of  the  county. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  16,  p.  2798. 

Sec.  3465  (1839-40).  Salt  and  sugar,  selling  by  marks. — Any  person 
selling  salt  or  sugar  by  the  barrel,  sack,  or  bag,  purporting  by  the 
marks  or  brands  to  contain  a  certain  number  of  pounds  or  bushels, 
when  in  fact  the  quantity  falls  short  of  the  amount  designated,  shall 
forfeit  ten  cents  for  each  and  every  pound  or  deficiency,  to  any  per- 
son who  will  sue  therefor;  but  nothing  in  this  section  shall  be  con- 
strued to  prevent  the  sale  of  salt  or  sugar  by  the  mark  or  brand, 
if  the  purchaser  is  willing  to  buy  by  such  mark  or  brand. 


786  LAWS  CONCEBNING  WEIGHTS  AND  MEASUEES 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  22,  p.  2812. 

Sec.  3473-a29  (al913). — For  the  purpose  of  this  chapter,  an  article 
shall  be  deemed  to  be  misbranded :     *     *     * 

In  case  of  food:    *     *     * 

3.  If  in  package  form,  the  quantity  of  the  contents  be  not  con- 
spicuously, plainly,  and  correctly  marked  on  the  outside  of  the 
package  in  terms  of  weight,  measure,  or  numerical  count :  Provided, 
That  reasonable  variation  shall  be  permitted,  and  tolerances  and 
also  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  to  be  promulgated  by  the  State  pure  food  and  drug 
inspector:  Provided,  further,  That  said  tolerances  and  exemptions 
as  to  small  packages  shall  be  made  uniform  with  like  tolerances 
and  exemptions  established  by  the  United  States  Department  of 
Agriculture  whenever  said  department  shall  establish  same:  And 
provided,  further,  That  no  penalty  of  fine  or  imprisonment  for  vio- 
lation of  this  subsection  shall  be  imposed  for  goods  packed  prior  to 
September  25,  1914. 

Ann.  Code,  1917,  Shannon,  Vol.  3,  ch.  27,  p.  2837. 

Sec.  3485  (1883).  Tobacco  and  cotton  weighers;  manner  of  election. — 
The  county  court  of  any  county  in  the  State  (a  majority  of  its 
members  favoring  the  same)  may,  on  the  first  Monday  of  July  of 
every  year,  elect  cotton  and  tobacco  weighers  for  such  county,  whose 
duty  it  shall  be  to  weigh  all  cotton  and  tobacco  that  parties  may 
agree  to  have  weighed  by  him.  The  said  election  shall  be  by 
ballot,  and  the  party  getting  the  highest  number  (provided  it  be  a 
majority  of  the  votes  cast),  shall  be  declared  elected. 

Sec.  3486.  Equipment. — Before  entering  upon  the  duties  of  his  office, 
said  cotton  and  tobacco  weigher  shall  provide  himself  with  balances 
or  scales,  duly  tested  according  to  the  laws  of  Tennessee,  and  shall 
take  an  oath  faithfully  and  impartially  to  discharge  the  duties  of 
said  office,  and  shall  give  bond  in  such  penalty  as  the  court  may  pre- 
scribe, conditioned  as  set  forth  in  said  affidavit,  and  said  officer  shall 
hold  his  office  twelve  months,  or  until  his  successor  is  elected  and 
qualified. 

Sec.  3487.  Exact  weights. — It  shall  be  the  duty  of  said  cotton  and 
tobacco  weighers  to  give  and  declare  exact  and  just  weights,  regard- 
less of  the  condition  of  the  cotton  and  tobacco. 

Sec.  3488.  Penalty  for  violation. — Any  cotton  weigher  elected  ac- 
cording to  the  provisions  of  this  chapter,  who  shall  give  or  declare 
any  unjust  weights,  or  who  shall  wilfully  violate  the  previous  sec- 
tions of  this  chapter,  shall  be  guilty  of  a  felony,  and,  upon  convic- 
tion of  the  same,  shall  be  confined  in  the  State  penitentiary  not  less 
than  one  nor  more  than  three  years. 

Sec.  3489.  Compensation. — The  court  may  prescribe  the  compensa- 
tion for  said  cotton  and  tobacco  weigher,  which  shall  not  be  over  ten 
cents  a  bale,  and  twenty-five  cents  a  hogshead,  to  be  paid  by  the  party 
selling  the  cotton  and  tobacco. 

Sec.  3490  (al890).  Scalage  of  cotton  prohibited. — It  shall  be  unlawful 
for  any  purchaser  or  weigher  of  cotton  to  deduct  two  pounds,  or  any 
number  of  pounds,  known  as  "  scalage  "  from  the  actual  weight  of 
any  merchantable  bale  of  cotton  weighed  or  purchased  by  them; 
and  purchasers  shall  account  to  the  seller  of  cotton,  in  all  instances, 


TENNESSEE  787 

for  the  actual  weight  of  the  bale  purchased  or  weighed,  except  in 
cases  of  wet  or  damaged  cotton,  or  any  number  of  pounds  for  bag- 
ging and  ties,  when  the  amount  to  be  deducted  shall  be  agreed  upon 
by  the  parties  buying  and  selling ;  but  the  number  of  pounds  agreed 
upon  to  be  deducted  for  bagging  and  ties  shall  not  exceed  their 
actual  weight.  For  each  violation  of  this  section  the  offender  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  by  a  court 
of  competent  jurisdiction,  he  shall  be  fined  not  less  than  ten  nor  more 
than  twenty  dollars. 

Ann.  Code,  1917,  Shannon,  Vol.  1,  ch.  3,  p.  204. 

Sec.  325-a41  (al911).  Feeding  stuffs,  weight  to  be  marked. — Every  lot 
or  parcel  of  concentrated  commercial  feeding  stuff  sold,  offered,  or 
exposed  for  sale  within  this  State  shall  have  affixed  thereto  or 
printed  thereon,  in  a  conspicuous  place  on  the  outside  thereof,  a 
legible  and  plainly  printed  statement,  in  the  English  language, 
clearly  and  truly  certifying  the  weight  of  the  package  (provided, 
that  all  concentrated  commercial  feeding  stuffs  shall  be  in  standard 
weight  bags  or  packages  of  5,  8%,  10,  25,  50,  75,  100,  125,  150,  175,  or 
200  pounds)  ;  the  name,  brand  or  trade-mark  under  which  the  article 
is  sold;  the  name  and  address  of  the  manufacturer,  jobber,  or  im- 
porter;    *     *     *  . 

Sec.  325-a55  (1909).  Penalty. — -Any  manufacturer,  importer,  job- 
ber, agent,  or  dealer  who  shall  violate  any  of  the  provisions  of  this 
article  or  the  regulations  adopted  by  the  commissioner  of  agriculture, 
upon  conviction  thereof,  shall  be  fined  not  exceeding  fifty  dollars  for 
the  first  offense  nor  more  than  two  hundred  dollars  for  each  subse- 
quent offense,  and  the  proceeds  from  such  fines  shall  be  covered  into 
the  State  treasury  for  use  of  the  department  executing  the  provisions 
of  this  article. 

Sec.  325-a61  (1903).  Manufacturers  and  dealers  to  brand  product  in 
manner  directed. — All  persons,  companies,  manufacturers,  dealers,  or 
agents  before  selling  or  offering  for  sale  in  this  State  any  com- 
mercial fertilizer  or  fertilizer  material,  shall  brand  or  attach  to  each 
bag,  barrel,  or  package,  the  name  and  address  of  the  manufacturer, 
and  the  guaranteed  analysis  of  the  commercial  fertilizer,  giving  the 
valuable  constituents  of  the  commercial  fertilizer  in  minimum  per- 
centages only.  Only  these  items  shall  be  branded  or  printed  on  the 
package  in  the  following  order  : 

(1)  Weight  of  each  package  in  pounds. 

(7)  Name  and  address  of  the  manufacturer. 

Ann.  Code,  1917.  Shannon,  Vol.  5,  p.  6509. 

Sec.  329-a29b2  (1917).  Licensed  milk  tester  is  required,  when;  license 
and  fee;  revocation;  no  second  license,  when. — Every  person  receiving 
or  buying  milk  or  cream,  on  the  basis  of  its  butterfat  content,  shall 
be  or  have  in  his  emplo}r  a  licensed  milk  tester  to  manipulate  the 
Babcock  test,  and  no  person  not  holding  such  license  shall  be  allowed 
to  manipulate  the  Babcock  test  in  any  creamery,  cheese  factory,  milk 
depot,  milk  plant,  ice  cream  factory,  cream  station,  milk  condensary, 
or  similar  plant  where  milk  or  cream  is  bought  or  received  on  a  basis 
of  its  butterfat  content,  or  both  its  weight  and  butterfat  content. 
The  license  shall  be  issued  by  the  State  dairy  commissioner  to  such 
milk  tester  only  after  he  has  satisfactorily  passed  an  examination 


788  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

given  by  the  State  dairy  commissioner,  or  his  duly  appointed  deputy, 
and  upon  the  payment  of  a  license  fee  of  two  dollars  to  the  State 
dairy  commissioner,  or  his  duly  appointed  deputy.  This  license  shall 
be  valid  for  one  year,  but  may  be  revoked  by  the  State  dairy  commis- 
sioner if  the  licensee  fails  to  comply  with  the  rules  and  regulations 
under  which  the  license  was  granted.  A  second  license  shall  not  be 
issued  to  any  tester  from  whom  a  license  has  been  revoked.  The  pro- 
visions of  this  section  shall  not  apply  to  individuals,  hotels,  restau- 
rants, and  boarding  houses  buying  milk  or  cream  for  private  use. 

Sec.  329a29b3.  Standard  scales,  weights,  and  measures,  etc. — Every 
person,  or  agent  for  any  person,  buying  milk  or  cream,  on  the 
basis  of  its  weight  or  butt-erfat  content  as  determined  by  the  Bab- 
cock  test,  or  on  a  basis  of  both  its  weight  and  butterfat  content,  shall 
use  only  standard  scales,  weights,  measures,  Babcock  test  bottles  and 
pipettes,  as  specified  in  the  rules  and  regulations  of  the  State  dairy 
commissioner,  as  provided  for  in  section  329a29bl0,  and  which  have 
been  inspected  and  duly  approved  by  the  State  dairy  commissioner, 
or  his  duly  appointed  deputy. 

Sec.  329a29b4.  Unlawful  to  manipulate  the  Babcock  test  contrary  to 
rules  and  regulations,  or  to  falsify  the  records  thereof. — It  shall  be  un- 
lawful for  any  person  buying  and  paying  for  milk  or  cream,  on  the 
basis  of  the  butterfat  content,  or  any  agent  thereof,  to  manipulate 
the  Babcock  test  in  any  way  other  than  as  prescribed  in  the  rules 
and  regulations  of  the  State  dairy  commissioner,  as  provided  for  in 
section  329a29bl0,  or  to  falsify  the  records  thereof. 

Sec.  329a29b5.  Unlawful  to  fraudulently  manipulate  weights  or  sam- 
ples, or  to  take  samples  contrary  to  rules,  etc. — It  shall  be  unlawful  for 
any  person  buying  or  receiving  milk  or  cream,  by  weight  or  butter- 
fat content,  or  by  both  weight  and  butterfat  content,  or  any  agent 
of  such  person  to  fraudulently  manipulate  the  weight  or  weights  of 
milk  or  cream  of  any  person,  or  to  take  a  sample  or  samples  for  test- 
ing in  an}^  manner  not  approved  by  the  rides  and  regulations  of  the 
State  dairy  commissioner,  as  provided  for  in  section  329a29bl0, 
or  to  fraudulently  manipulate  such  sample  or  samples. 

Sec.  329a29b8.  Fees  for  inspection  and  approving  scales,  measures,  and 
apparatus. — The  fee  to  be  charged  by  the  State  dairy  commissioner, 
or  his  duly  appointed  deputy,  for  inspecting  and  approving  the 
scales,  measures,  and  apparatus  as  provided  for  in  this  act  shall  be 
three  cents  for  each  piece  of  apparatus  or  glassware  so  inspected  and 
approved. 

Sec.  329a29b7.  Office  of  State  dairy  commissioner  is  created;  appoint- 
ment of  commissioner  and  deputies. — The  office  of  the  State  dairy 
commissioner  is  hereby  created,  and  the  State  commissioner  of  agri- 
culture is  hereby  authorized  to  appoint  a  State  dairy  commissioner 
and  such  deputies  as  in  his  judgment  may  be  necessary  to  carry  out 
the  provisions  of  this  act. 

Sec.  329a29bl0.  Rules  and  regulations,  approval  of. — It  shall  be  the 
duty  of  the  State  dairy  commissioner  to  formulate  such  rules  and 
regulations  as  may  be  necessary  in  the  proper  execution  of  this  act, 
such  rules  and  regulations  to  be  made  with  the  approval  of  the 
commissioner  of  agriculture,  and  the  dean  of  the  college  of  agricul- 
ture, University  of  Tennessee,  or  their  duly  appointed  agents. 

Sec.  329a29bll.  Examination  of  testers;  inspection  of  Babcock  testers; 
destruction  of  apparatus. — He  shall  have  authority  to  enforce  the  pro- 


TENNESSEE 


789 


visions  of  this  act,  by  giving  examinations  to  applicants  for  posi- 
tions as  testers;  by  inspecting  all  Babcock  testers,  glassware,  and 
scales  as  provided  for  in  this  act,  and  he  shall  have  the  authority 
to  destroy  all  apparatus  not  found  accurate. 

Sec.  329a29bl2.  License  of  testers;  certified  apparatus. — He  shall  issue 
testers'  license  to  applicants  as  provided  for  in  section  329a29b2; 
he  shall  certify  to  the  accuracy  of  apparatus  by  inscribing  thereon 
the  initials  "T.  D.  C."  (Tennessee  Dairy  Commissioner)  in  an  indeli- 
ble manner  and  shall  either  destroy  or  properly  label  all  glassware 
and  other  apparatus  found  inaccurate. 

Sec.  329a29bl3.  Inspection  of  Babcock  testers,  scales,  and  other  ap- 
paratus every  three  months. — He  shall  visit  all  creameries,  cheese 
factories,  milk  depots,  milk  plants,  ice  cream  factories,  cream  sta- 
tions, cream  routes,  milk  condensaries,  and  similar  plants  in  the 
State  at  least  once  every  three  months  for  the  purpose  of  inspecting 
the  Babcock  testers,  scales,  and  other  apparatus  used  in  the  test  and 
for  inspecting  of  such  plants  with  regard  to  the  execution  of  this  act. 

Sec.  329a29bl7.  Tests  to  settle  disputes  between  buyers  and  sellers; 
such  tests  regarded  as  prima  facie  correct. — They  are  further  authorized 
and  empowered  to  make  such  tests  as  are  necessary  to  settle  disputes, 
when  called  on  by  either  buyer  or  seller  of  milk,  cream  or  other 
dairy  products  where  such  disputes  arise  over  dissatisfaction,  re- 
garding weights  or  tests  of  dairy  products.  Such  tests  made  by  the 
State  dairy  commissioner  or  his  deputies  shall  be  regarded  as  prima 
facie  correct,  and  shall  be  taken  as  a  basis  of  settlement  in  such 
disputes. 

Ann.  Code,  1917,  Shannon,  Vol.  1,  ch.  3,  Art.  VIII,  p.  238. 

Sec.  339  (1887).  Duties  of  checkweighman. — At  every  coal  or  other 
mine  in  this  State,  where  coal  or  other  minerals  are  mined  by  weight 
or  measure,  the  miners,  or  a  majority  of  those  present  at  a  meeting 
called  for  that  purpose,  shall  have  the  right  to  employ  a  competent 
person  as  checkweighman  or  check  measurer,  as  the  case  may  require, 
who  shall  be  permitted  at  all  times  to  be  present  at  the  weighing  or 
measuring  of  coal,  also  have  power  to  weigh  or  measure  the  same, 
and,  during  the  regular  working  hours,  to  have  the  privilege  to 
balance  and  examine  the  scales  or  measure  the  cars :  Provided,  That 
all  such  balancing  or  examination  of  scales  shall  only  be  done  in 
such  way  and  in  such  time  as  in  no  way  to  interfere  with  the  regular 
working  of  the  mines;  and  he  shall  not  be  considered  a  trespasser 
during  working  hours  while  attending  to  the  interest  of  his  em- 
ployers, and  in  no  manner  shall  he  be  interfered  with  or  intimidated 
by  any  person,  agent,  owner,  or  miner;  and  any  person  violating 
these  provisions  shall  be  held  and  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  he  shall  be  punished  by  a  fine  of  not 
less  than  twenty  dollars  and  not  exceeding  one  hundred  dollars  or 
imprisoned,  at  the  discretion  of  the  court. 

Sec.  340.  Further  duties;  differences,  how  settled. — It  shall  be  a 
further  duty  of  checkweighman  or  check  measurer  to  credit  each 
miner  with  all  merchantable  coal  or  other  mineral  mined  by  him,  on 
a  proper  sheet  or  book  kept  by  him  for  that  purpose.  When  differ- 
ences arise  between  the  check  weighman  or  check  measurer  and  the 
agent  or  owners  of  the  mine,  as  to  the  uniformity,  capacity  of  scales 
or  cars  used,  the  same  shall  be  referred  to  the  mine  inspector  of  the 


790  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

district  where  the  mine  is  located,  whose  duty  it  shall  be  to  regulate 
the  same  at  once ;  and,  in  the  event  of  said  scales  or  cars  proving  to 
be  correct,  then  the  party  or  parties  applying  for  the  testing  thereof 
to  pay  or  bear  all  costs  and  expenses  thereof,  but,  if  not  correct,  then 
the  owner  or  owners  of  said  mine  to  pay  the  cost  and  charges  of 
making  said  examination. 

Sec.  341.  Penalty  for  incorrect  weighing  or  measuring. — Should  any 
weighman,  agent,  or  check  measurer,  whether  employed  by  operators 
or  miners,  knowingly  or  wilfully  adopt  or  take  more  or  less  pounds 
for  a  bushel  or  ton  than  is  now  provided  for  by  law,  or  wilfully 
neglect  the  balancing  or  examining  of  the  scales  or  cars,  or  know- 
ingly and  wilfully  weigh  coal  with  an  incorrect  scale,  he  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
imprisoned  in  the  county  jail  for  not  less  than  three  months. 


TEXAS 
Laws,  1925,  ch.  13,  p.  35. 

Sec.  1.  Abolishing  weights  and  measures  department. — The  office  of 
commissioner  of  markets  and  warehouses  of  the  State  of  Texas  is 
hereby  abolished,  and  the  authority,  duties,  powers,  functions,  rights, 
and  liabilities,  heretofore  vesting  in  said  commissioner,  shall  here- 
after vest  in  and  be  had  and  performed  by  the  commissioner  of 
agriculture.  The  markets  and  warehouse  department  and  the 
weights  and  measures  department  of  the  State  of  Texas  are  hereby 
abolished,  and  the  duties  and  functions  of  the  same  shall  hereafter 
vest  in  the  commissioner  of  agriculture. 

Revised  Civil  Statutes,  1925,  Vol.  1,  Title  93,  ch.  7,  p.  1605. 

Sec.  5705  (1919).  Commissioner  to  enforce  law. — The  commissioner 
of  markets  and  warehouses  1  shall  hove  power  and  authority  to  en- 
force, or  cause  to  be  enforced,  am^  provision  of  this  chapter.  He 
shall  appoint  a  chief  deputy,  who  shall  be  known  as  chief  deputy  of 
weights  and  measures.  In  the  absence  or  inability  of  the  commis- 
sioner, such  deputy  may  perform  any  duty  required  by  the  provisions 
of  this  chapter.  The  commissioner  shall  also  appoint  such  addi- 
tional deputies  from  time  to  time  to  serve  as  sealers  of  weights  and 
measures,  as  may  be  provided  for  by  appropriation.  He  may  also 
designate  such  inspectors,  lecturers,  or  employes,  serving  under  him 
as  commissioner,  as  sealers  of  weights  and  measures. 

Sec.  5706.  Expenses. — Such  deputies,  together  with  the  chief  deputy 
and  the  commisioner,  shall  be  entitled  to  their  actual  traveling 
expenses  when  traveling  on  business  for  the  State,  and  the  legislature 
shall  provide  from  time  to  time  by  appropriation  other  estimated 
expenses  to  fully  carry  out  the  provisions  of  this  chapter. 

Sec.  5707.  Duty  of  commissioner. — The  commissioner  shall  investi- 
gate conditions  throughout  the  State,  and  especially  in  all  the  cities 
and  towns  in  the  State,  with  respect  to  weights  and  measures,  and 
the  sale  of  goods,  wares  and  merchandise,  commodities,  food  stuff 
and  feed  stuff  sold  in  packages  or  containers,  and  also  all  kinds  of 
feed,  fuel  or  ice  that  is  sold  by  weight  or  measure  The  commis- 
sioner shall  annually  report  to  the  governor,  and  shall,  prior  to  each 
regular  session  of  the  legislature,  file  a  copy  of  such  report  made  by 
him  to  the  governor,  together  with  his  recommendations,  with  the 
legislature  of  the  State. 

Sec.  5708.  Rules  and  regulations. — The  commissioner  shall  issue  in- 
structions and  make  such  rules  and  regulations  for  the  government 
of  all  State  sealers  of  weights  and  measures,  deputy  sealers,  in- 
spectors and  local  sealers,  as  he  may  see  proper  in  order  to  carry 
out  the  purposes  of  this  chapter.     All  such  rules  and  regulations  so 

1  The  office  of  commissioner  of  markets  ami  warehouses  was  abolished  ami  the  <luti<s 
vested  In  the  eqihtnissionfer  tit  agriculture  i>y  Laws,  i !>•>:"»,  ch.  !:;. 

791 


792  LAWS  CONCERNING   WEIGHTS   AND   MEASURES 

issued  by  him  shall  have  the  same  force  and  effect  as  if  they  were 
enacted  into  law. 

Sec.  5709.  Jurisdiction. — The  jurisdiction  of  all  State  sealers,  dep- 
uty sealers  and  inspectors  appointed  by  the  commissioner  shall  be 
co-extensive  with  the  limits  of  the  State  and  they  shall  have  a  right 
to  inspect  weights  and  measures  in  any  and  all  districts  or  locali- 
ties designated  by  the  commissioner.  The  jurisdiction  of  all  local 
sealers  of  weights  and  measures  appointed  by  the  governing  body 
of  any  city  in  this  State  shall  be  co-extensive  with  the  limits  of  said 
city. 

Sec.  5710.  Same  power  as  peace  officer. — The  commissioner,  his  dep- 
uty, sealers  or  inspectors  and  all  local  sealers  and  their  deputies 
in  the  performance  of  their  official  duties,  shall  have  the  same 
power  as  peace  officers  in  this  State. 

Sec.  5711.  Record  of  acts  and  reports. — The  commissioner  shall  keep 
in  his  office  a  complete  record  of  all  acts  done  by  him ;  of  all  inspec- 
tions made  throughout  the  State,  and  a  record  of  all  prosecutions  for 
the  violation  of  any  provision  of  this  chapter.  He  shall  keep  an 
accurate  record  of  the  reports  of  all  the  various  sealers  of  weights 
and  measures,  deputy  sealers  and  inspectors  appointed  by  him,  or 
under  his  direction,  as  well  as  a  record  of  the  inspections  of  all  local 
sealers  of  weights  and  measures  appointed  by  the  various  cities  of 
the  State;  such  record  shall  always  be  open  to  the  inspection  of  the 
public.  Copies  of  such  record  may  be  had  by  application  therefor, 
together  with  the  necessary  cost  of  making  such  copies. 

Sec.  5712.  Test  of  standard. — The  standard  of  weights  and  measures 
received  from  the  United  States  under  a  resolution  of  Congress,  ap- 
proved June  14,  1836,  and  such  new  weights  and  measures  as  shall  be 
received  from  the  United  States  as  standard  weights  and  measures 
in  addition  thereto,  or  in  renewal  thereof,  and  such  as  shall  be  pro- 
cured by  the  State  in  conformity  therewith  and  certified  by  the 
bureau  of  standards,  shall  be  the  State's  standards  by  which  all  State 
and  municipal  standards  of  weights  and  measures  shall  be  tried, 
authenticated,  proved  and  sealed. 

Sec.  5713.  To  keep  and  maintain  standards. — The  standards  referred 
to  in  the  preceding  article  [section]  shall  be  kept  by  the  commissioner 
in  a  safe  and  suitable  place  in  his  office,  from  which  they  shall  not  be 
removed  except  for  repairs  or  certification.  He  shall  maintain  such 
standards  in  good  order  and  shall  submit  them,  at  least  once  in  ten 
years  to  the  National  Bureau  of  Standards  for  certification.  He 
shall  purchase  such  apparatus  as  shall  be  found  necessary  to  a 
proper  prosecution  of  the  work  of  the  office. 

Sec.  5714.  Shall  establish  tolerances. — The  commissioner  shall  estab- 
lish tolerances  and  specifications  for  commercial  weighing  and  meas- 
uring apparatus  for  use  in  this  State,  similar  to  the  tolerances  and 
specifications  recommended  by  the  National  Bureau  of  Standards 
and  he  may  establish  a  standard  net  weight  or  net  count  of  any  com- 
modity, produce,  or  article,  and  prescribe  such  tolerances  for  same  as 
he  may  in  his  best  judgment  deem  necessary  for  the  proper  protec- 
tion of  the  public. 

Sec.  5715.  Copies  to  cities. — The  commissioner  shall,  at  the  request 
of  any  city  council,  town  council,  city  commission  or  any  other  such 
town  or  city  body,  furnish  to  them  copies  of  the  standard  weights 


TEXAS  793 

and  measures  of  the  State;  such  copies  shall  be  furnished  at  the 
expense  of  any  such  city  or  town  requesting  the  same.  He  shall, 
upon  request  of  any  such  city  council,  town  council,  or  city  com- 
mission, test  and  accurately  approve  copies  of  the  State's  standards 
of  weights  and  measures  procured  for  the  use  of  any  such  city  or  town, 
to  be  used  by  the  sealer  of  weights  and  measures  for  such  city  or 
town.  All  copies  furnished  or  copies  tested  and  approved  by  the 
commissioner  shall  be  true  and  correct;  shall  be  sealed  and  certified 
by  the  commissioner  and  stamped  with  the  letter  "  C."  Such  copies 
need  not  be  of  the  same  material  or  construction  as  the  standards 
of  the  State  and  such  copies  may  be  furnished  in  any  suitable  mate- 
rials or  construction  that  the  city  or  town  requiring. the  same  may 
specify,  subject,  however,  to  the  approval  of  the  commissioner. 

Sec.  5716.  Correcting  standards  of  cities. — The  commissioner  shall 
inspect  and  correct  the  standards  used  by  any  incorporated  city  or 
town  in  this  State  at  least  once  every  two  years  and  compare  the  same 
with  others  in  his  possession,  and  keep  a  record  of  the  state  of 
inspection  and  character  of  weights  and  measures  so  compared. 

Sec.  5717.  Sale  of  false  devices. — The  commissioner  shall  have  gen- 
eral supervision  over  all  weights  and  measures  and  weighing  and 
measuring  devices  sold  or  offered  for  sale  in  this  State.  If  any 
false  weights  or  measures  are  being  sold,  offered  for  sale,  or  about 
to  be  sold,  he  shall  have  full  authority  to  condemn  same  and  prohibit 
the  sale  and  distribution  of  such  false  weights  and  measures,  or 
weighing  and  measuring  devices  in  this  State. 

Sec.  5718.  Certified  standard. — All  sealers  of  weights  and  measures, 
or  deputy  sealers  of  weights  and  measures  appointed  under  the 
terms  and  provisions  of  this  law  are  prohibited  from  using  for  the 
purpose  of  comparison  or  verification  in  any  official  capacity  any 
weights  or  measures,  unless  same  have  been  certified  to  by  the 
commissioner.  All  expenses  incurred  in  certifying  to  the  correctness 
of  the  weights  and  measures  or  copies  of  the  same  used  by  any 
incorporated  city  or  town  in  this  State  shall  be  paid  by  such  city 
or  town  for  whom  the  comparison  or  test  is  made. 

Sec.  5719.  Copies  of  original  standard. — In  addition  to  the  standards 
heretofore  referred  to,  and  required  to  be  kept  by  the  State,  the 
State  shall  also  have  a  complete  set  of  copies  of  such  original  stand- 
ards of  weights  and  measures  adopted  by  this  chapter,  which  shall 
be  used  for  adjusting  municipal  standards  by  the  commissioner 
or  his  deputy  in  the  performance  of  their  duties,  and  the  original 
standards  shall  not  be  used,  except  for  the  adjustment  of  this  set 
of  copies  and  for  certification  purposes.  Additional  complete  sets 
of  copies  for  such  original  standards  of  weights  and  measures  may 
be  purchased  by  the  commissioner  when  the  same  are  necessary 
for  use  by  any  State  sealer  of  weights  and  measures,  or  deputy 
State  sealer  of  weights  and  measures.  In  all  instances  where  the 
State  shall  furnish  true  and  correct  copies  of  weights  and  measures 
for  the  use  of  any  incorporated  city  Or  town  in  this  State,  sttch 
city  or  town  shall  reimburse  the  State  for  the  actual  cost  thereof, 
plus  such  expenses  as  are  necessary  to  pay  the  freight,  express  and 
cost  of  certification  thereof. 

Sec.  5720.  Test  of  weights  and  measures  in  State  institutions. — The 
commissioner  or  his  deputy  shall  at  least  once  annually,  or  oftener 


794  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

if  requested  so  to  do  by  the  board  of  control,  or  board  of  supervisors, 
regents  or  other  governing  body  of  any  State  institution  or  peniten- 
tiary commission  or  the  governing  body  of  any  other  penal  institution 
of  the  State,  test  all  scales,  weights  and  measures  used  in  checking 
the  receipt  and  distribution  of  supplies  of  any  such  institution  under 
the  control  of  the  State,  and  shall  report  his  findings  to  the  chairman 
of  the  board,  or  the  superintendent  of  such  institution.  He  shall  also 
test  all  scales,  weights  and  measures  used  for  any  other  purpose  by 
such  institution. 

Sec.  5721.  Local  sealers,  procedure  when  found  negligent  or  incom- 
petent by  State  superintendent. — The  commissioner,  if  he  finds  that 
any  sealer  or  deputy  sealer  of  weights  and  measures  appointed  by 
any  incorporated  city  or  town  in  this  State,  by  virtue  of  the  authority 
given  them  under  the  law,  is  neglecting  to  perform  the  duties  of  his 
office,  or  has  refused  to  accept  the  recommendations  and  instructions 
of  the  commissioner  and  be  guided  thereby,  or  is  guilty  of  any  mal- 
feasance in  office,  or  who  is  incompetent,  he  shall  present  to  the  gov- 
erning body  or  officer  who  has  control  or  supervision  of  such  city 
sealer  of  weights  and  measures,  or  deputy  sealer  of  weights  and 
measures,  a  written  charge  and  accusation  based  upon  and  clearly 
stating  the  offense  of  such  sealer  or  deputy  sealer  and  request  such 
officer  or  governing  body  to  hear  and  determine  such  accusation. 
Upon  receipt  of  such  charge  and  accusation,  such  officer  or  city  com- 
mission with  whom  the  same  has  been  filed,  shall  make  an  order  set- 
ting the  same  for  a  hearing  at  a  time  which  shall  be  not  less  than  ten 
nor  more  than  twenty  days  from  the  date  of  filing  of  such  charge  and 
accusation  and  shall  in  such  order  fix  the  time  and  place  for  such 
hearing.  A  copy  of  such  charge  and  accusation,  together  with  a  copy 
of  such  order,  shall  be  served  upon  the  accused  at  least  seven  days 
prior  to  the  time  fixed  for  such  hearing.  At  such  hearing  the  accused 
shall  have  the  right  to  be  represented  by  counsel  and  to  produce  evi- 
dence in  his  defense.  If,  upon  such  hearing,  he  shall  be  found  guilty 
of  malfeasance,  or  misfeasance  in  office  or  adjudged  to  be  incompe- 
tent to  perform  the  duties  of  the  office,  the  officer  or  governing  body 
before  whom  such  hearing  is  had  must  forthwith  remove  him  from 
office.  Whenever  it  shall  become  known  to  the  commissioner  or  his 
deputy  that  any  local  sealer  of  weights  and  measures  for  an3^  city 
or  town  in  this  State,  or  deputy  sealer  of  weights  and  measures,  is 
guilty  of  accepting  any  bribe,  gift  or  money  from  anyone  who  is  in- 
terested in  procuring  false  weights  and  measures,  as  soon  as  such 
fact  shall  become  known,  or  be  made  known  to  the  officer  or  govern- 
ing body  employing  such  sealer  or  deputy  sealer,  he  or  they  shall 
immediately  suspend  such  sealer  from  office. 

Sec.  5722.  To  supervise  local  sealers. — Every  local  sealer  of  weights 
and  measures,  or  deputy  sealer,  appointed  by  any  governing  body  of 
any  town  or  city  shall  be  under  the  supervision  of  the  commissioner, 
and  shall  be  required  to  report  to  him  regularly  and  carry  out  all 
the  instructions  of  the  commissioner.  Failure  or  refusal  to  do  so 
shall  be  grounds  for  dismissal  from  the  service. 

Sec.  5723.  Sealers  to  preserve  standards  and  keep  record  of  work  done ; 
report  to  State  superintendent. —  Each  sealer  of  weights  and  measures, 
deputy  sealer,  inspector,  or  local  sealer  shall  carefully  preserve  all 
copies  of  the  standards  of   weights  and  measures  used  by  him  in 


TEXAS  795 

his  inspection  work,  and  keep  the  same  safe  and  in  good  order,  when 
not  in  actual  use.  He  shall  keep  a  record  of  all  work  done  by  him 
showing  the  inspections  made,  for  whom  made,  giving  the  name  and 
post-office  address  of  each  party  for  whom  any  measurement,  test 
weight,  inspection,  condemnation  or  prosecution  is  made;  such 
record  shall  be  preserved  by  him,  from  which  he  shall  compile  his 
reports  at  regular  intervals  to  the  commissioner  when  required  to 
make  a  report.  He  shall  keep  a  caref  id  record  of  all  violations  of  the 
weights  and  measures  law  and  report  in  detail  to  the  commissioner. 

Sec.  5724.  Weighing  and  measuring  apparatus  for  sale  or  in  use  to  be 
marked  as  to  correctness. — Every  person,  firm  or  corporation,  or  asso- 
ciation of  persons,  using  or  keeping  for  use,  or  having  or  offering 
for  sale,  weights,  scales,  beams  or  measures  of  any  kind,  instruments 
or  mechanical  devices  for  weighing  or  measuring,  and  tools,  appli- 
ances and  accessories  connected  with  any  or  all  of  such  instruments 
or  measurements  within  this  State,  shall  cause  the  same  to  be  sealed 
and  marked  by  the  sealer  of  weights  and  measures  as  to  their  cor- 
rectness, and  no  instrument  shall  be  sold  for  the  purpose  of  weighing 
or  measuring  unless  it  shall  bear  the  seal  of  the  inspector  of  weights 
and  measures  as  to  its  correctness. 

Sec.  5725.  Testing,  how  often  required  and  permitted;  new  apparatus 
to  be  tested,  when. — When  any  weight,  scale,  beam,  measure  of  any 
kind,  instrument  or  mechanical  device  for  weighing  or  measuring; 
also  all  tools  and  appliances  necessary  or  connected  with  any  such 
instruments  of  measure  have  been  tested  and  found  correct  by  any 
sealer  appointed  under  the  provisions  of  this  chapter,  the  same  may 
be  used,  kept  for  use,  offered  for  sale,  sold  or  kept  for  sale  any- 
where within  this  State  for  one  year  without  being  further  tested. 
Any  weight,  scale,  beam,  measures  of  every  kind,  instruments  or 
mechanical  devices  for  weighing  or  measuring,  or  appliances  and 
accessories  connected  with  any  or  all  of  such  instruments  or  meas- 
ure, which  have  been  tested  and  sealed  and  certified  as  correct  by 
the  National  Bureau  of  Standards  may  be  kept  for  sale,  sold  or 
offered  for  sale  without  being  tested  and  sealed  by  a  sealer  under 
the  provisions  of  this  chapter,  but  all  such  weights,  scales,  beams, 
measures  or  [of]  any  kind,  instruments  or  mechanical  devices  for 
weighing  or  measuring;  also  all  tools  and  appliances  necessary  con- 
nected with  any  or  all  of  such  instruments  or  measures  shall  always 
be  subject  to  inspection  and  testing  as  herein  provided,  notwith- 
standing that  the  same  have  been  tested  and  sealed,  either  by  a  sealer 
appointed  under  the  provisions  of  this  chapter  or  by  the  National 
Bureau  of  Standards.  Any  scale,  beam  or  mechanical  device  foi 
weighing  or  measuring,  which,  after  being  sold,  and  before  being 
used  for  weighing  and  measuring,  it  is  found  necessary  to  assemble 
and  set  up,  may  be  sold,  kept  for  sale  or  offered  for  sale  without 
Jirst  being  tested  and  sealed,  but  such  scale,  beam  or  measuring  de- 
vice for  weighing  or  measuring,  before  being  used  for  weighing  or 
measuring,  without  the  consent  of  the  commissioner,  must  be  tested 
and  sealed  as  provided  in  this  chapter. 

Sec.  5726.  Testing  weights  and  measures  apparatus  by  sealers;  weigh- 
ing packages  of  commodities,  may  be  seized,  when;  police  powers  of 
officials. — All  sealers,  deputy  sealers,  inspectors,  and  local  sealers 
shall  inspect,  try  and  test  all  weights,  scales,  beams,  measures  of  any 


796  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

kind,  instruments  or  mechanical  devices  for  weighing  or  measuring 
and  all  tools,  appliances  and  accessories  connected  with  any  or  all 
such  instruments  or  measures  kept  for  the  purpose  of  sale,  sold  or 
used  by  any  proprietor,  agent,  lessee  or  employe  in  proving  the 
size,  quantity,  extent,  area,  weight  or  measurement  of  quantities, 
things,  produce,  articles  for  distribution  or  consumption,  purchased 
or  offered  or  submitted  by  such  person  or  persons  for  sale,  hire,  or 
award  and  ascertain  if  the  same  are  correct,  and  he  shall  have  the 
power  to  and  shall  from  time  to  time  weigh  or  measure  packages  or 
amounts  of  commodities  of  whatsoever  kind  kept  for  the  purpose  of 
sale,  offered  for  sale  or  sold,  or  in  the  process  of  delivery,  in  order 
to  determine  whether  the  same  contains  the  quantity  or  amount  rep- 
resented and  whether  they  are  being  offered  for  sale  or  sold  in  ac- 
cordance with  law  and  may  seize  for  use  as  evidence  such  amounts 
of  commodities  or  packages  which  shall  be  found  to  contain  a  less 
amount  than  that  represented.  He  shall  at  least  once  each  year,  or 
as  much  oftener  as  may  be  found  necessary,  and  directed  by  the 
commissioner,  see  that  the  weights,  measures  and  all  weighing  and 
measuring  apparatus,  used  in  any  locality  to  which  he  is  assigned 
for  the  purpose  of  inspection,  are  correct.  All  local  sealers  of 
weights  and  measures  shall  test  at  least  once  each  year  all  scales, 
weights  and  measures  of  every  kind  and  device  within  any  such  city 
to  which  they  are  appointed,  and  oftener,  if  required  so  to  do.  Any 
sealer,  or  deputy  sealer,  or  inspector  for  the  purposes  above  men- 
tioned, and  in  the  general  performance  of  his  duty  may,  without 
warrant,  enter,  go  into  or  upon  any  stand,  place,  building  or  prem- 
ises, or  stop  any  vendor,  peddler,  junk  dealer,  driver  of  a  coal  wagon, 
ice  wagon  or  delivery  wagon  or  the  driver  of  any  wagon  containing 
commodities  for  sale  or  delivery,  and  if  necessary  require  him  to 
proceed  to  some  place  which  the  sealer  may  specify  for  the  purpose 
of  making  the  proper  tests. 

Sec.  5727.  Testing'  apparatus;  may  be  condemned,  seized,  or  destroyed, 
when;  removal  of  tags;  reinspection. — Whenever  a  sealer,  deputy 
sealer,  or  inspector  of  weights  and  measures  compares  weights  and 
measures,  or  weighing  or  measuring  instruments  and  finds  that  they 
correspond,  or  causes  them  to  correspond  to  the  standards,  he  shall 
seal  or  mark  under  his  name  such  weight  or  measure  or  weighing 
or  measuring  instrument  with  an  appropriate  device  showing  that  the 
weight  or  measure,  or  weighing  or  measuring  instrument  is  correct, 
and  the  date  of  the  inspection,  which  device  shall  be  placed  so  as  to 
be  easily  seen.  He  shall  condemn  and  seize  and  may  destroy  incorrect 
weights  and  measures  and  weighing  and  measuring  instruments, 
which  in  his  best  judgment  are  not  susceptible  of  repair,  but  any 
weights  and  measures,  or  weighing  or  measuring  instruments  which 
shall  be  found  to  be  incorrect,  but  which,  in  his  best  judgment  are 
susceptible  of  repair,  he  shall  cause  to  be  marked  with  a  tag  or  other 
suitable  device  with  the  words  "  Out  of  order."  The  owner  or  user 
of  any  weights  or  measures,  or  weighing  or  measuring  instruments, 
which  have  been  marked  "  Out  of  order,"  as  in  this  article  provided, 
may  have  the  same  repaired  or  corrected  within  thirty  da}^,  but  until 
the  same  have  been  repaired  or  corrected  and  tested  as  herein  pro- 
vided, the  owner  or  user  thereof  must  neither  use  nor  dispose  of  the 
same  in  any  way,  but  shall  hold  the  same  at  the  disposal  of  the  com- 


TEXAS  797 

missioner  or  any  deputy  or  local  sealer.  When  the  same. have  been 
repaired  or  corrected,  the  owner  or  user  thereof  shall  notify  the  com- 
missioner or  his  deputy  or  local  sealer  and  they  shall  again  be  tested 
for  the  purpose  of  proving  the  weight,  measure  or  weighing  or  meas- 
uring instrument  which  had  been  found  to  be  incorrect  and  marked 
as  in  this  article,  and  until  such  weight,  measure  or  weighing  or 
measuring  instrument  has  been  re-inspected  by  the  sealer  and  found 
correct,  the  same  shall  not  be  used  or  in  any  way  disposed  of  by  the 
owner.  When  any  weight,  measure  or  weighing  or  measuring  in- 
strument has  been  repaired  and  corrected,  and  has  been  re-inspected 
and  found  correct  by  the  sealer  of  weights  and  measures,  the  sealer 
of  weights  and  measures  shall  remove  the  tag  or  device  with  the 
words  "  Out  of  order  "  and  shall  mark  such  weight,  measure  or  weigh- 
ing or  measuring  instrument  in  the  manner  provided  for  the  mark- 
ing of  same  where  upon  inspection  they  were  found  to  be  correct. 

Sec.  5728.  Fees  for  testing. — The  commissioner  shall  have  the  right 
and  power  to  fix  and  collect  a  nominal  fee  for  testing  all  weights, 
scales,  beams  and  any  kind  of  instruments  or  mechanical  devices  for 
weighing  or  measuring;  all  tools,  appliances  and  accessories  con- 
nected with  all  such  instruments  before  they  are  offered  for  sale; 
such  fee,  however,  to  be  reasonable  and  to  be  graduated  according  to 
the  cost  of  such  instrument,  and  it  shall  be  unlawful  for  anyone  to 
sell  any  weights,  scales,  beams,  measuring  instruments  or  mechanical 
devices  for  weighing  or  measuring,  or  to  lease  or  rent  same,  unless 
such  instruments  have  been  inspected,  tested  and  approved  by  the 
commissioner,  or  one  of  his  duly  accredited  deputies.  All  moneys 
collected  by  the  commissioner  shall  be  paid  into  the  State  treasury. 

Sec.  5729.  Definitions. — The  word  "  person,"  whenever  used  in  this 
chapter,  shall  be  deemed  to  include  person,  firm  or  corporation  and 
all  officers,  directors  and  managers  of  corporations  shall  comply  with 
the  provisions  of  this  chapter  on  behalf  of  their  respective  corpora- 
tions. 

Sec.  5730.  Unit  of  standard  of  length  and  surface;  yard,  rod,  pole, 
perch,  mile,  Spanish  vara,  chain,  link,  acre,  square  mile. — The  standard 
of  weights  and  measures  adopted  and  used  by  the  Government  of 
the  United  States  is  hereby  declared  the  legal  standard  of  weights 
and  measures  of  this  State ;  provided,  that  as  to  commodities  for 
which  the  Congress  of  the  United  States  provided  no  standard  of 
weights  or  measures,  the  standards  adopted  by  this  State  shall  be 
the  standard  of  weights  and  measures  for  such  commodities.  The 
unit  of  standard  of  length  and  surface,  from  which  all  the  other 
measures  of  extension,  whether  lineal,  superficial  or  solid,  shall  be 
derived  and  ascertained,  is  the  standard  yard  designated  in  this 
chapter,  which  is  divided  into  three  equal  parts  called  feet,  and  each 
foot  into  twelve  equal  parts  called  inches.  For  measures  of  cloth, 
and  other  commodities  commonly  sold  by  the  yard,  it  may  be  divided 
into  halves,  quarters,  eighths  and  sixteenths.  The  rod,  pole  or  perch 
contains  five  and  one-half  yards;  the  mile  one  thousand  seven  hun- 
dred and  sixty  yards.  The  Spanish  vara,  thirty-three  and  one-third 
inches.  Where  land  is  measured  by  the  English  rule,  the  chain  for 
measuring  land  shall  be  twenty-two  yards  long  and  divided  into  one 
hundred  equal  parts  called  links.  The  acre  tor  land  measure  shall 
be  measured  horizontally  and  shall  contain  forty-eight  hundred  and 


798 


LAWS  CONCERNING  WEIGHTS   AND   MEASURES 


forty  square  yards;  six  hundred  and  forty  acres  shall  constitute  a 
square  mile. 

Sec.  5731.  Units  of  weight;  pound,  hundredweight,  ton,  troy  ounce,  and 
pound. — The  units  or  standards  of  weight  from  which  all  the  other 
weights  shall  be  derived  and  ascertained  shall  be  the  standard  of 
avoirdupois  and  troy  weights  designated  in  this  chapter,  and  avoir- 
dupois pounds  shall  bear  to  the  troy  pounds  the  ratio  of  seven 
thousand  to  five  thousand  seven  hundred  and  sixty  grains,  and  the 
avoirdupois  pound  shall  be  divided  into  sixteen  equal  parts  called 
ounces.  The  hundredweight  shall  consist  of  one  hundred  avoirdu- 
pois pounds,  and  twenty  hundredweight  shall  constitute  a  ton.  The 
troy  ounce  shall  be  one-twelfth  of  a  troy  pound. 

Sec.  5732.  Standard  for  liquids. — The  units  or  standards  of  measure 
of  capacity  for  liquids  from  which  all  other  measures  shall  be  derived 
and  ascertained,  shall  be  the  standard  gallon  and  its  parts  designated 
in  this  chapter.  The  barrel  shall  constitute  thirty-one  and  one-half 
gallons  and  two  barrels  shall  make  a  hogshead.  All  other  measures 
of  capacity  for  liquids  shall  be  derived  from  the  liquid  gallon  by  con- 
tinual division  by  the  number  two,  so  as  to  make  half  gallons,  quarts, 
pints,  half  pints  and  gills. 

Sec.  5733.  Standard  for  solids, — The  unit  or  standard  measure  of 
capacity  for  substance  not  liquids,  from  which  all  measures  of  such 
substance  shall  be  derived  and  ascertained,  is  the  standard  half  bushel 
mentioned  in  this  chapter.  The  peck,  half  peck,  quarter  peck,  quart 
and  pint  measure  for  measuring  commodities  which  are  not  liquid 
shall  be  derived  from  the  half  bushel  by  successively  dividing  that 
measure  by  two.  The  standard  bushel  measure  shall  constitute  two 
thousand  one  hundred  fifty  and  forty-two  one-hundredths  cubic 
inches;  the  standard  half  bushel  measure  shall  contain  ten  hundred 
seventy-five  and  twenty  [twenty-one]  one-hundredths  cubic  inches; 
the  standard  gallon  shall  contain  two  hundred  thirty-one  cubic  inches. 
All  measures  for  measuring  dry  commodities  shall  not  be  heaped  but 
shall  be  stricken  with  a  straight  stick  or  roller.. 

Sec.  5734.  Weights  per  bushel,  barrel,  or  ton;  cord  and  ton  defined; 
weight  per  cubic  yard  of  sand  and  gravel;  Federal  requirements  recog- 
nized.— Whenever  any  of  the  following  articles  shall  be  contracted 
for,  sold  or  delivered,  the  weight  per  bushel  or  barrel  or  divisible 
merchantable  quantities  of  a  bushel  or  barrel  shall  be  as  follows : 2 


Wheat  flour,  per  barrel  200  pounds. 
Wheat  flour,  per  half  barrel  sack  100 

pounds. 
Wheat  flour,  per  quarter  barrel  sack 

50  pounds. 
Wheat  flour,  per  eighth  barrel  sack  25 

pounds. 
Corn  meal,  per  bushel  sack  50  pounds. 
Corn   meal,   per   half   bushel   sack  25 

pounds. 
Corn    meal,   per   quarter   bushel   sack 

12%  pounds. 
Alfalfa  seed,  per  bushel  60  pounds. 
Apples,  green,  per  bushel  50  pounds. 
Apples,  dried,  per  bushel  28  pounds. 
Barley,  per  bushel  48  pounds. 


Beans,  green  or  string,  per  bushel  24 

pounds. 
Beans,  wax,  per  bushel  24  pounds. 
Beans,  white,  per  bushel  60  pounds. 
Beans,  castor,  per  bushel  46  pounds. 
Beets,  per  bushel  60  pounds. 
Blue  grass  seed,  per  bushel  14  pounds. 
Bran,   per  bushel  20  pounds ;   by   the 

100  pounds  in  100-pound  bags. 
Broom  corn  seed,  per  bushel  48  pounds. 
Buckwheat,  per  bushel  52  pounds. 
Carrots,  per  bushel  50  pounds. 
Charcoal,  per  bushel  22  pounds. 
Clover  seed,  per  bushel  60  pounds. 
Coal,  anthracite,  per  bushel  80  pounds. 
Coke,  per  bushel  40  pounds. 


a  For  convenience  in   printing  a  slight   change  has  been   made  in   the  arrangement  of 
these  articles. 


TEXAS 


799 


Corn    meal,    unbolted,    per    bushel    48 

pounds. 
Corn  in  the  ear,  per  bushel  70  pounds, 

after  December  1st. 
Corn  in  the  ear,  per  bushel,  new  crop, 

before  December  1st,  72  pounds. 
Corn,  shelled,  per  bushel  56  pounds. 
Kafir  corn,  per  bushel  50  pounds. 
Cotton  seed,  per  bushel  32  pounds ;  by 

the  ton,  2,000  pounds. 
Cranberries,  per  bushel  33  pounds. 
Cucumbers,  per  bushel  48  pounds. 
Flax  seed,  per  bushel  56  pounds. 
Gooseberries,  per  bushel  40  pounds. 
Hair,  plastering,  unwashed,  per  bushel 

8  pounds. 
Hair,  plastering,  washed,  per  bushel  4 

pounds. 
Hemp  seed,  per  bushel  44  pounds. 
Hickory  nuts,  per  bushel  50  pounds. 
Hungarian  grass  seed,  per  bushel  48 

pounds. 
Indian  corn   or  maize,  per  bushel  56 

pounds. 
Lime,  unslacked,  per  barrel  180  pounds 

net. 
Lime,  hydra  ted,  per  sack  100  pounds 

net. 
Lime,  hydrated,  per  bag  40  pounds  net. 
Lime,     agricultural,     per     sack     100 

pounds  net. 
Lime,  agricultural,  per  bag  50  pounds 

net, 
Milo  maize,  per  bushel  50  pounds. 
Millet,  per  bushel  50  pounds. 
Millet,  Japanese  barnyard,  per  bushel 

35  pounds. 
Oats,  per  bushel  32  pounds. 
Onions,  per  bushel  57  pounds. 
Onions  sets,  top,  per  bushel  30  pounds. 
Onion    sets,    bottom,    per    bushel    32 

pounds. 
Orchard    grass    seed,    per    bushel    14 

pounds. 


Parsnips,  per  bushel  50  pounds. 
Peaches,  per  bushel  50  pounds. 
Peaches,  dried,  per  bushel  28  pounds. 
Peanuts,  green,  per  bushel  22  pounds, 

Georgia  or  Virginia. 
Peanuts,      Spanish,     per     bushel     24 

pounds. 
Peanuts,  roasted,  per  bushel  20  pounds. 
Pears,  per  bushel  58  pounds. 
Peas,  dried,  per  bushel  60  pounds. 
Peas,    green,    in    pod,    per    bushel    .32 

pounds. 
Popcorn,  in  ear,  per  bushel  70  pounds. 
Popcorn,  shelled,  per  bushel  56  pounds. 
Potatoes,  Irish,  per  bushel  60  pounds. 
Potatoes,  sweet,  per  bushel  50  pounds. 
Quinces,  per  bushel  48  pounds. 
Rape  seed,  per  bushel  50  pounds. 
Redtop  seed,  per  bushel  14  pounds. 
Rice  bran,  per  sack  143  pounds. 
Rice  polish,  per  sack  200  pounds. 
Rough  rice,  per  bushel  45  pounds. 
Rutabagas,  per  bushel  50  pounds. 
Rye  meal,  per  bushel  50  pounds. 
Rye,  per  bushel  56  pounds. 
Salt,  coarse,  per  bushel  55  pounds. 
Salt,  fine,  per  bushel  50  pounds. 
Shorts,  per  bushel  20  pounds ;  by  100 

pounds  in  100-pound  bags. 
Sorghum  seed,  per  bushel  50  pounds. 
Sudan  grass  seed,  No.  1,  per  bushel  32 

pounds. 
Sudan  grass  seed,  No.  2,  per  bushel  30 

pounds. 
Sudan  grass  seed,   No.  3,  per  bushel 

28  pounds. 
Spinach,  per  bushel  12  pounds. 
Sweet  clover  seed,  unhulled,  per  bushel 

23  pounds.3 
Timothy  seed,  per  bushel  45  pounds. 
Tomatoes,  per  bushel  56  pounds. 
Turnips,  per  bushel  55  pounds. 
Walnuts,  per  bushel  50  pounds. 
Wheat,  per  bushel  60  pounds. 


Whenever  any  commodity  is  sold  by  the  cord  it  shall  mean  128 
cubic  feet,  or  the  contents  of  a  space  eight  feet  long,  four  feet  wide 
and  four  feet  high.  Whenever  anything  is  sold  by  the  ton,  it  shall 
mean  two  thousand  pounds  avoirdupois. 

Whenever  any  of  the  following  articles  are  sold  by  the  cubic  yard, 
and  the  same  are  weighed,  the  following  weights  shall  govern :  Tor- 
pedo sand  or  gravel,  3,000  pounds  equal  one  cubic  yard,  and  2,500 
pounds  of  bank  sand  equals  one  cubic  yard. 

Sec.  5735.  Failure  to  regard  unit  of  measure. — Whoever  in  buying 
any  of  the  articles  mentioned  in  the  preceding  article  shall  take  any 
greater  number  of  pounds  thereof  to  the  bushel,  barrel  or  cubic  yard, 
or  divisible,  merchantable  quantity  of  bushel,  barrel,  cubic  yard,  or 
lineal  yard,  or  in  selling  any  of  said  articles  shall  give  any  less  num- 
ber of  pounds  thereof  to  the  bushel,  barrel,  cubic  or  lineai  yard  than 


3  The  weight  of  sweet  clover  seed,  unhulled,  was  originally  given  in  the  act  of  1919  as 
33  pounds  per  bushel,  and  It  may  be  presumed  that  the  change  to  23  pounds  per  bushel 
given  above  was  inadvertently  made. 


517—27- 


-51 


800  LAWS  CONCEKNING  WEIGHTS  AND  MEASURES 

is  allowed  by  the  laws  of  this  State,  with  intent  to  gain  an  advan- 
tage thereby,  shall  be  liable  to  the  party  injured  in  double  the  amount 
of  the  property  wrongfully  taken,  or  not  given.  This  article  [sec- 
tion] does  not  apply  to  cases  where  the  buyer  or  seller  is  expressly 
authorized  by  special  contract  or  agreement  to  take  more  or  give  less 
of  such  articles. 

See.  5736.  Contracts,  how  construed. — Ail  contracts  hereafter  to  be 
executed  and  made  within  this  State  for  any  work  to  be  done,  or  for 
anything  to  be  sold,  delivered,  done  or  agreed  for,  by  weight  or 
measure,  shall  be  construed  to  be  made  according  to  the  standard 
weight  and  measure  ascertained  as  hereinbefore  provided,  unless 
there  is  an  express  contract  to  the  contrary.  In  making  any  adjust- 
ment of  weights  or  measures  under  the  laws  of  this  State,  the  stand- 
ard given  in  this  chapter  shall  be  taken  as  the  guide  for  making  such 
adjustment. 

Rev.  Civil  Stats.,  1925,  Vol.  2,  Title  93,  ch.  3,  p.  1570. 

Sec.  5602  (1917).  Warehouse  companies;  classification  of  products; 
standards  of  quality  and  of  weights  and  measures  to  be  kept  by  ware- 
house companies. — The  standards  of  weights  and  measures  of  this 
State  shall  be  the  standards  of  weights  and  measures  used  under  the 
terms  and  provisions  of  this  chapter.  It  shall  be  the  duty  of  the 
commissioner  [of  markets  and  warehouses]  to  establish  standards  of 
classifications  of  cotton,  corn,  and  other  farm  and  ranch  products, 
of  whatever  kind  and  character,  which  may  be  subject  to  classifica- 
tion, and  originals  of  such  standards  so  established  shall  be  main- 
tained, subject  to  public  inspection,  in  the  office  of  the  commissioner 
at  all  reasonable  times;  and  duplicates  of  such  standards  as  well  as 
the  standards  of  weights  and  measures,  shall  be  furnished  by  the 
commissioner  to  all  persons  who  may  apply  therefor,  under  [upon] 
the  payment  of  the  necessary  cost  thereof.  It  shall  be  the  duty  of 
each  public  warehouse  company  to  keep  a  duplicate  of  said  standards, 
as  well  as  the  standards  of  weights  and  measures,  at  its  warehouse, 
subject  to  inspection  and  comparison  of  grades  and  classification 
by  persons  storing  products  therein:  Provided,  That  the  standards 
of  classification  shall  always  be  the  standards  established  by  the 
Government  of  the  United  States,  or  of  this  State. 

Rev.  Crim.  Stats.,  1925,  Title  14,  ch.  5,  p.  245. 

Sec.  1035  (1919).  Duty  of  local  sealer. — Each  local  or  deputy  sealer 
of  weights  and  measures  appointed  by  any  city  or  town  council  or 
commission,  shall  be  under  the  supervision  of  the  commissioner  of 
agriculture  and  shall  be  required  to  report  to  him  regularly  and  carry 
out  all  his  instructions,  and  on  failure  or  refusal  to  do  so  shall  be  fined 
not  less  than  ten  nor  more  than  two  hundred  dollars. 

Sec.  1036.  Removing  tag  of  sealer. — Whoever  removes  or  obliterates 
any  tag  or  device  placed  by  any  authorized  sealer,  deputy  sealer  or 
inspector  upon  any  weight  or  measure,  or  weighing  or  measuring 
instrument,  shall  be  fined  not  less  than  ten  nor  more  than  two  hun- 
dred dollars. 

Sec.  1037.  False  weights  and  measures. — Any  person,  who,  by  himself 
or  his  employee  or  agent,  or  as  the  employee  or  agent  of  another, 
shall  use,  in  the  buying  or  selling  of  any  commodity,  or  retain  in  his 
possession,  a  false  weight  or  measure,  or  weighing  or  measuring  in- 


TEXAS  801 

strument,  or  shall  offer  or  expose  for  sale,  or  sell,  except  as  specifi- 
cally allowed  by  law,  or  use  or  retain  in  his  possession  any  weight 
or  measure  or  weighing  or  measuring  instrument  contrary  to  law, 
or  any  person,  who,  by  himself,  or  his  employee  or  agent,  or  as  the 
employee  or  agent  of  another,  shall  sell  or  offer  or  expose  for  sale, 
or  use  or  have  in  his  possession  for  the  purpose  of  selling  or  using, 
any  device  or  instrument  to  be  used  to,  or  calculated  to,  falsify  any 
weight  or  measure,  shall  be  fined  not  less  than  ten  nor  more  than  two 
hundred  dollars.  Possession  of  such  false  weights  or  measures  or 
instruments  shall  be  prima  facie  evidence  of  the  fact  that  they  were 
intended  to  be  used  in  the  violation  of  law. 

Sec.  1038.  Hindering  sealers. — Whoever  hinders  or  obstructs  in  any 
way  the  commissioner  of  agriculture,  or  his  deputy,  inspector  or 
sealer  or  any  local  sealer,  in  the  performance  of  their  duties,  shall  be 
fined  not  less  than  ten  nor  more  than  two  hundred  dollars. 

Sec.  1039.  Refusing  to  permit  test  of  weight. — Any  person  neglect- 
ing or  refusing  to  exhibit  any  weight,  measure,  or  weighing  or 
measuring  instrument  of  any  kind,  or  appliances  and  accessories  con- 
nected with  any  of  such  instruments  or  measures  which  are  in  his 
possession  or  under  his  control  to  the  commissioner,  his  deputy,  in- 
spector or  to  any  local  inspector  or  sealer,  for  the  purpose  of  allow- 
ing the  same  to  be  inspected  and  examined  as  provided  for  by  law, 
shall  be  fined  not  less  than  ten  nor  more  than  two  hundred  dollars. 

Sec.  1040.  Refusing  to  permit  test  of  article. — Any  person,  who,  by 
himself,  or  his  employe  or  agent,  or  as  the  proprietor  or  manager, 
shall  refuse  to  exhibit  any  article,  commodity,  produce  or  anything 
being  sold  or  offered  for  sale  at  a  given  weight  or  quantity,  or  ordi- 
narily so  sold,  to  the  commissioner  or  to  his  deputy  or  to  a  sealer 
or  his  deputy  or  to  an  inspector  or  local  sealer,  for  the  purpose  of 
allowing  same  to  be  tested  and  proved  as  to  quantity  contained 
therein,  shall  be  fined  not  less  than  ten  nor  more  than  two  hundred 
dollars. 

Sec.  1041.  Unlawfully  sealing. — Any  sealer,  deputy  sealer .  inspector 
or  local  sealer  appointed  under  the  provisions  of  law,  or  discharging 
the  duties  of  a  sealer  of  weights  and  measures  in  this  State,  who  shall 
seal  any  weight,  measure,  balance  or  apparatus  before  testing  and 
making  the  same  conform  with  the  standards  of  the  State  or  who 
shall  condemn  any  weight,  measure,  balance  or  apparatus  without 
first  testing  the  same,  shall  be  fined  not  less  than  twenty-five  nor 
more  than  two  hundred  dollars,  and  shall  be  immediately  suspended 
from  office. 

Sec.  1042.  Failure  to  regard  unit  of  measure. — Whoever  in  buying 
any  commodity  or  article  of  property,  merchandise  or  produce,  the 
standard  weight  of  which  per  bushel  or  barrel,  or  divisible  mer- 
chantable quantities  of  a  bushel  or  barrel,  or  by  the  cord  or  ton  or 
cubic  yard,  has  been  fixed  by  the  laws  of  this  State,  shall  take  any 
greater  number  of  pounds  thereof  to  the  bushel,  barrel  or  cubic 
yard,  or  divisible  merchantable  quantity  of  bushel,  barrel,  cubic  yard 
or  lienal  [lineal]  yard,  or  in  selling  any  of  the  same,  shall  give  any 
less  number  of  pounds  thereof  to  the  bushel,  barrel,  cubic  or  lineal 
yard,  or  divisible  merchantable  quantity  of  bushel,  barrel,  cubic  or 
lineal  yard  than  is  allowed  by  the  laws  of  this  State,  with  intent  to 
gain  an  advantage  thereby,  shall  be  fined  not  less  than  twenty  nor 
more  than  two  hundred  dollars. 


802  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  1043.  Parties  may  contract.— The  preceding  article  does  not 
apply  where  the  buyer  or  seller  is  expressly  authorized  by  special 
contract  or  agreement  to  take  more  or  give  less  of  such  article. 

Sec.  1044  (1907).  Receptacle  containing  mill  product. — Any  one  en- 
gaged in  the  manufacture  of  mill  products  of  any  character  who  shall 
use  any  bag,  box,  barrel  or  any  other  receptacle  into  which  to  put  such 
product  other  than  the  one  bearing  the  name  of  such  mill  manu- 
facturing the  same,  shall  be  fined  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars  or  be  confined  in  jail  for  thirty  days,  or 
both. 

Sec.  1045  (1917).  Containers  for  fruit  or  vegetables. — Whoever  shall 
make,  sell,  or  offer  to  sell  containers  for  the  shipment  of  fruit  or  vege- 
tables, which  containers  are  of  different  size  or  dimensions  from  the 
standards  of  such  containers  established  by  the  laws  of  this  State, 
shall  be  fined  not  to  exceed  one  thousand  dollars. 

Sec.  1046  (1918).  Inspection  of  fruits  and  vegetables. — Any  grower, 
shipper's  agent,  packer,  or  any  agent,  receiver  or  representative  of  any 
common  carrier  or  transportation  company,  who  shall  violate  any  pro- 
vision of  the  laws  of  this  State  relating  to  standards  of  grades  and 
pack  of  fruit  and  vegetables,  or  who  shall  refuse  to  submit  any  such 
fruit  or  vegetables  packed  or  ready  for  shipment  to  inspection  by 
any  inspector  appointed,  as  authorized  by  law,  by  the  commissioner 
of  agriculture  and  empowered  by  such  commissioner  to  make  such 
inspection,  shall  be  fined  not  to  exceed  one  hundred  dollars. 

Sec.  1047  (1921).  Public  weigher. — All  persons  engaged  in  the  busi- 
ness of  public  weighing  for  hire,  or  any  person  who  shall  weigh  or 
measure  any  commodity,  produce  or  article,  and  issue  therefor  a  weight 
certificate  or  weight  sheet,  which  shall  be  accepted  as  the  accurate 
weight  upon  which  the  purchase  or  sale  of  such  commodity,  produce, 
or  article  is  based,  shall  be  known  as  a  public  weigher,  and  shall  com- 
ply with  the  provisions  of  the  law  regulating  public  weighers,  pro- 
vided the  provisions  of  this  article  shall  not  apply  to  any  owner, 
manager,  agent  or  employee  of  any  compress  or  any  public  or  private 
warehouse  in  their  operations  as  a  warehouseman.  This  law  shall 
not  apply  in  any  manner  to  any  Texas  port. 

Sec.  1048  (1919).  Weight  certificate. — The  commissioner  of  agricul- 
ture shall  prescribe  the  form  of  weight  certificate  to  be  used  by  all 
public  weighers  in  this  State,  which  certificate  shall  be  known  as 
a  State  certificate  of  weights  and  measures;  such  certificate  shall 
state  thereon  the  kind  of  produce ;  the  number  of  the  same,  the  date 
of  the  receipt  of  the  produce,  the  owner,  agent  or  consignee,  the 
total  weight  of  the  produce,  the  vessel,  railroad,  or  other  means 
by  which  the  produce  was  received,  and  any  trade-mark  or  other 
mark  thereon;  and  such  other  information  as  may  be  necesary  to 
distinguish  or  identify  the  produce  from  a  like  kind.  No  certificate 
other  than  the  one  herein  prescribed  shall  be  used  by  any  public 
weigher  in  this  State,  and  such  certificate  when  so  made  and  properly 
signed,  shall  be  prima  facie  evidence  of  such  weight. 

Sec.  1049.  Record  of  weights. — All  public  weighers,  within  this 
State,  shall  keep  and  preserve  a  correct  and  accurate  record  of 
all  weights  made  by  them,  which  record  shall  be  open  for  the 
inspection  of  the  commissioner  of  agriculture,  his  deputies  or  in- 
spectors, and  the  public  at  any  and  all  times.     Such  record  shall 


TEXAS 


803 


be  uniform  throughout  the  State,  and  the  form  of  such  record  shall 
be  prescribed  by  said  commissioner. 

Sec.  1050.  Issuing  false  certificate. — All  certificates  of  weights  and 
measures  or  weight  sheets  as  provided  for  in  this  chapter  shall 
contain  the  accurate  and  correct  weight  of  any  and  all  commodities 
weighed  when  issued  by  public  weighers.  Any  public  weigher,  or 
deputy  public  weigher,  who  shall  issue  any  certificate  of  weights  and 
measures  or  weight  sheet  giving  false  weights  or  measures  of  any 
article,  or  commodity  weighed  or  measured  by  him,  or  his  repre- 
sentative or  deputy,  to  any  person,  firm  or  corporation,  shall  be  fined 
not  less  than  twenty-five  nor  more  than  two  hundred  and  fifty 
dollars,  and  may  be  imprisoned  in  jail  for  not  less  than  thirty 
days  nor  more  than  six  months,  and  in  addition  thereto,  he  shall 
be  suspended  from  office  and  not  permitted  to  continue  the  business 
of  public  weighing  any  longer. 

Sec.  1051.  Requesting  false  certificate. — Whoever  shall  request  a  pub- 
lic weigher,  deputy  public  weigher  or  any  person  employed  by  him, 
or  pay  to  him  any  money,  or  give  him  anything  to  weigh  any  pro- 
duce, commodity  or  article,  falsely  or  incorrectly,  or  who  shall  re- 
quest a  false  or  incorrect  certificate  of  weights  or  measures,  or  weight 
sheet,  shall  be  fined  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars,  and  in  addition  thereto  may  be  imprisoned  in  jail 
for  not  less  than  thirty  days  nor  more  than  six  months.       » 

Sec.  1052.  Weigher  to  comply  with  law. — Any  person,  or  agent  or 
representative  of  any  corporation,  who  shall  engage  in  the  business 
of  weighing  for  the  public,  or  who  shall  grant  or  issue  a  certificate 
or  weight  sheet,  upon  which  a  purchase  or  sale  is  made  without  com- 
plying with  the  terms  of  the  statutes  regulating  public  weighers, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  two  hundred 
dollars.  Each  certificate  so  granted,  or  weight  sheet  issued  by  him 
is  a  separate  offense. 

Sec.  1053.  Shipping  at  false  weight. — Whoever  ships  to  anyone  in 
this  State  anything  in  which  the  weight  is  necessary  to  be  given  at 
any  weight  other  than  the  true  weight  properly  certified  to  shall  be 
fined  not  less  than  one  hundred  nor  more  than  five  hundred  dollars 
and  may  be  imprisoned  in  jail  for  not  more  than  twelve  months,  or 
both  so  fined  and  imprisoned. 

Sec.  1055  (1923).  Water,  gas,  and  electric  meters. — All  water  meters, 
gas  meters  and  electric  meters  are  subject  at  all  times  to  inspection  of 
the  commissioner  of  agriculture  and  said  commissioner  either  on 
his  own  motion  or  complaint  of  any  user  of  any  of  the  above  named 
meters,  shall  have  same  inspected  as  to  its  correctness,  and  if  found 
incorrect  to  discontinue  its  use  until  corrected,  so  that  it  will  register 
correctly  and  whoever  refuses  to  discontinue  such  meter  when  so 
notified  by  said  commissioner  that  it  is  incorrect  or  when  so  ordered 
to  discontinue  such  meter  should  fail  or  refuse  to  comply  with  such 
order  of  said  commissioner  shall  be,  fined  not  less  than  twentj^-five 
nor  more  than  one  hundred  dollars  and  each  day  he  shall  fail  or 
refuse  to  comply  with  such  order  to  discontinue  same  shall  be  a 
separate  offense. 

Sec.  1057.  Misreading  meter. — Any  person  engaged  in  the  manufac- 
ture or  sale  of  electricity,  water,  or  gas  for  lighting,  power  or  other 
purposes,  or  any  officer  or  employee  of  any  person,  corporation  or 


■» 


804  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

company  so  engaged  who  shall  knowingly  misread  any  meter  or 
overcharge  any  customer  for  such  light,  water  or  gas  furnished,  or 
shall  cause  or  knowingly  permit  any  light,  water  or  gas  meter  to 
register  or  show  greater  than  the  true  amount  of  light,  electricity, 
water  or  gas  sold  or  furnished  any  customer  shall,  for  every  such 
offense,  be  fined  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars. 

Kev.  Crim.  Stats.,  1925,  Title  12,  ch.  2,  p.  152. 

Sec.  708  (1911).  Food. — *  *  *  An  article  shall  also  be  deemed 
to  be  misbranded :     *     *     * 

(b)  In  the  case  of  food :     *     *     * 

3.  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  they  are  not  plainly  and  correctly  stated  on  the 
outside  of  the  package. 

Sec.  719  (1921).  Bread,  size  of  loaves;  tolerance. — Rule  5.  Bread  to 
be  sold  by  the  loaf  made  by  bakers  engaged  in  the  business  of  whole- 
saling and  retailing  bread,  shall  be  sold  based  upon  any  of  the  fol- 
lowing standards  of  weight  and  no  other,  namely:  a  loaf  weighing 
one  pound  or  16  ounces,  a  loaf  weighing  24  ounces  or  a  pound  and 
a  half,  and  loaves  weighing  two  pounds  or  32  ounces,  and  loaves 
weighing  three  pounds,  or  some  other  multiple  of  one  pound  or  16 
ounces.  These  shall  be  the  standard  of  weight  for  bread  to  be  sold 
by  the  loaf.  Variations,  or  tolerance,  shall  not  exceed  one  ounce  per 
pound  over  or  under  the  said  standard  within  a  period  of  24  hours 
after  baking. 

Rev.  Civil  Stats.,  1925,  Vol.  1,  Title  28,  ch.  4,  p.  299. 

Sec.  1015°.  Power  of  city  council;  food  inspection;  bread. — The  gov- 
erning body  shall  also  have  power : 

5.  To  regulate  the  inspection  of  beef,  pork,  flour,  meal,  salt  and 
other  provisions ;  to  appoint  weighers,  gaugers  and  inspectors,  and 
to  prescribe  their  duties  and  regulate  their  fees. 

6.  To  regulate  the  weight  and  quality  of  the  bread  to  be  sold  or 
used  within  the  city. 

Rev.  Crim.  Stats.,  1925,  Vol.  1,  Title  14,  ch.  11,  p.  261. 

Sec.  1108  (1919).  Measuring  apparatus  for  petroleum  to  be  accurate. — 
No  person,  firm,  association  of  persons,  corporation  or  carrier,  shall 
use  any  scales,  measure  or  measuring  device  in  the  handling  or  sale 
of  petroleum  products  unless  the  same  is  true  and  accurate  accord- 
ing to  the  standard  of  weights  and  measures  under  the  laws  of  this 
State,  nor  use  any  pumping  device  unless  the  same  is  correct  accord- 
ing to  such  standard  at  three  speeds,  fast,  slow  and  medium. 

Sec.  1109.  Use  of  inaccurate  devices  prohibited  by  seal. — The  inspec- 
tor shall  seal  and  forbid  the  use  of  any  inaccurate  measuring  device 
until  such  time  as  the  defect  is  corrected.  The  breaking  of  said 
official  seal  shall  be  prima  facie  evidence  of  a  violation  of  this  law 
and  no  person,  firm,  association  of  persons,  corporation  or  carrier 
shall  refuse  to  permit  the  inspector  provided  for  by  law  to  inspect 
and  seal,  if  deemed  necessary,  any  such  measuring  device,  or  to 
break  the  seal  after  being  placed  by  such  inspector. 

Sec.  1110.  Hindering  inspector. — The  director  of  food  and  drug  di- 
vision of  the  State  board  of  health,  his  inspectors,  or  any  person  by 


TEXAS 


805 


him  duly  appointed  for  that  purpose  shall  have  in  the  performance 
of  their  duties  under  this  law  the  power  to  inspect  any  premises  or 
place  where  petroleum  products  are  made,  prepared,  stored,  trans- 
ported, sold  or  offered  for  sale  or  exchange,  and  take  samples  of 
same,  and  test  measuring  devices.  It  shall  be  unlawful  for  any 
person  to  hinder  or  obstruct  or  refuse  to  permit  said  director,  or  his 
inspector  or  other  person  by  him  duly  authorized  to  perform  his 
duties  in  the  exercise  of  such  power. 

Sec.  1111.  Punishment. — Whoever  violates  any  provision  of  the  pre- 
ceding articles  [sections]  of  this  chapter  shall  be  fined  not  less  than 
twenty-five  nor  more  than  two  hundred  dollars  or  be  imprisoned  in 
jail  for  not  less  than  one  month  nor  more  than  one  year,  or  both. 

Rev.  Civil  Stats.,  Vol.  1,  Title  4,  ch.  6,  p.  36. 

Sec.  109  (1917).  Standard  containers  for  fruits  and  vegetables. — 
The  following  standards  of  containers  for  the  shipment  of  fruits 
and  vegetables  in  this  State  are  hereby  established  and  adopted 
as  State  standards : 

1.  Standard  bushel  basket:  The  standard  bushel  basket  shall  con- 
tain not  less  than  2,150.4  cubic  inches  in  the  basket  proper,  regardless 
of  the  manner  in  which  the  lid  is  made. 

2.  Standard  four-basket  crate :  The  basket  in  said  crates  shall  hold 
not  less  than  three  quarts  dry  measure,  and  the  dimensions  of  such 
baskets  shall  be  5  x  8  inches  at  the  bottom,  6  x  10  inches  at  the  top, 
and  4  inches  deep,  and  shall  contain  not  less  than  201.6  cubic  inches. 
The  heads  of  the  crates  holding  said  baskets  shall  be  4^/2  inches  wide 
by  11  inches  at  the  bottom,  and  13  inches  at  the  top  in  length  and  not 
less  than  ^  of  an  inch  thick.  The  veneer  or  boards  for  the  bottoms, 
sides  and  tops  shall  be  not  less  than  4!/2,  4,  and  5y2  inches  wide 
respectively,  and  not  less  than  \  of  an  inch  thick  and  22  inches  long. 
Both  crates  and  baskets  shall  be  made  of  good,  substantial  material, 
sufficiently  strong  to  withstand  the  ordinary  strain  incident  to  trans- 
portation and  handling. 

3.  Standard  six-basket  crate :  Each  basket  of  a  six-basket  crate 
shall  contain  not  less  than  268.8  cubic  inches. 

4.  Standard  folding  onion  crate :  The  standard  folding  onion  crate 
shall  not  be  less  than  19%  inches  long,  11-&  wide,  and  9^|  inches 
deep,  inside  measurements,  containing  not  less  than  2,154.4  cubic 
inches. 

5.  Standard  orange  box :  The  dimensions  of  the  standard  orange 
box  shall  be  12  x  12  x  12  inches  for  each  one-half  of  box,  inside  meas- 
urement, and  the  dimensions  of  a  one-half  (or  strap)  box  shall  be 
12  x  12  x  6  inches  for  each  one-half  box,  inside  measurement. 

6.  Standard  berry  box  or  crate :  The  standard  quart  berry  box  or 
crate  shall  contain  not  less  than  24  quart  baskets  containing  67.2 
cubic  inches  each,  dry  measure;  and  the  standard  pint  berry  box 
or  crate  shall  hold  not  less  than  24  pint  baskets,  containing  not  less 
than  33.6  cubic  inches,  dry  measure. 

Sec.  110.  Grades  and  packs  established;  Texas  standard  peach  packs; 
Texas  standard  packs,  for  oranges,  for  satsumas  and  tangerines,  for 
grapefruit. — The  following  "  grades  and  packs  "  are  hereby  estab- 
lished as  State  standards  for  the  State  of  Texas: 

(a)  Standard  peach  grades  and  packs:  Standard  peach  grades 
are  three  in  number ;  namely,  fancy,  choice  or  No.  1,  and  No.  2. 


806  LAWS  CONCERNING   WEIGHTS  AND  MEASUBES 

Fancy  peaches  shall  be  *  *  *  carefully  picked  and  closely 
packed  in  bushel  baskets  or  crates  of  four  or  six  basket  capacity. 

Choice  or  No.  1  peaches  shall  be  *  *  *  carefully  picked  and 
closely  packed  in  bushel  baskets  or  crates  of  four  or  six  basket 
capacity.    *    *    * 

The  standard  peach  packs  for  six-basket  crate  shall  be  eight  in 
number;  namely,  72's,  96's,  138's,  162's,  180's,  216's,  270's  and 
324's.    *    *    * 

All  packages  must  be  filled  tight,  in  all  layers  from  bottom  to  top, 
and  extend  approximately  1  inch  above  the  top  rim  or  edge  of  the 
package,  whether  it  be  a  bushel  basket,  crate  basket,  or  box.     *     *     * 

The  standard  orange  packs  shall  be  eight  in  number ;  namely,  96's, 
126's,  150's,  l7G's,  200's,  216's,  252's,  288's.     *     *     * 

The  standard  satsuma  and  tangerine  packs  shall  be  seven  in 
number ;  namely,  90's,  106's,  120's,  168's,  196's,  216's,  224's.     *     *     * 

The  standard  grapefruit  packs  shall  be  seven  in  number;  namely, 
28's,  36's,  46's,  54's,  64's,  80's,  96's.    *    *    * 

In  the  enforcement  of  the  above  standards  of  grade  and  pack,  an 
allowance  may  be  made  of  not  exceeding  ten  per  cent  difference 
in  size  between  the  fruit  on  top  and  in  the  interior  of  the  package. 
A  variation  of  not  more  than  three  per  cent  of  actual  count  may  be 
made  in  the  number  of  any  kind  of  fruit  prescribed  for  each  par- 
ticular pack. 

Sec.  114  (al918).  Beans,  size  of  packages;  Texas  Bartlett  pears,  how 
packed;  packs  defined. — *  *  *  All  beans  are  to  be  packed  in 
hamper  weighing,  when  packed,  not  less  than  17  pounds  net  weight 
for  one-half  bushel  hamper,  and  34  not  weight  for  one  bushel.  *  *  * 

Fruit  [pears]  shall  be  tightly  packed  in  clean  standard  boxes, 
one  end  stamped  with  the  grade,  number  of  pears,  name  of  and  post 
office  of  packer. 

"  Four  tier  "  shall  be  packed  in  four  laj'ers.  Minimum  pack  120 
pears  to  the  box. 

"  Five  tier  "  shall  be  packed  in  six  layers.  Minimum  pack  135, 
maximum  pack  180  pears  to  box. 

"  Six  tier  "  shall  be  packed  in  six  layers,  containing  216  pears  to 
the  box,  or  in  five  layers  containing  195  or  210  to  the  box,  but  will  be 
considered  "  six  tier."     *     *     * 

Sec.  116  (al919).  Allowance  for  shrinkage  and  dirt  on  potatoes. — 
*  *  *  Three  per  centum  by  weight  shall  be  allowed  on  all  Texas 
grown  new  potatoes,  for  natural  shrinkage.  In  instance  where 
dirt  adheres  to  the  potatoes  a  fair  and  reasonable  estimate  by  weight, 
of  such  dirt,  shall  be  made  and  deducted  from  the  gross  weight  of 
the  potatoes  and  dirt,  which  estimate  may  be  made  by  removing  and 
weighing  the  dirt  from  three  or  more  samples  of  not  less  than  fifty 
pounds  each,  that,  when  taken  together,  represents  the  average  con- 
ditions of  the  potatoes. 

All  potato  containers  must  have  some  mark  or  brand  showing  the 
name  and  post-office  address  of  the  grower  or  shipper. 

******* 

Terms  defined :  "  Diameter "  means  the  greatest  dimensions  at 
right  angles  to  the  longitudinal  axis. 

Sec.  118  (1917).  Enforcement  of  act  and  promulgation  of  rules  and 
regulations. — The  commissioner  of  agriculture  is  hereby  authorized 


TEXAS  807 

and  empowered  to  enforce  each  provision  of  this  chapter,  and  he 
shall  promulgate  and  publish  all  necessary  rules  and  regulations  for 
the  enforcement  of  this  law,  and  such  other  information  as  will  aid 
fruit  and  truck  growers  and  the  manufacturers  of  containers  in  com- 
plying with  the  provisions  of  this  chapter. 

Laws,  1925,  ch.  90,  p.  264. 

Sec.  1.  Public  weigher;  office  created  in  certain  counties. — That  in  and 
for  all  counties  in  this  State  having  a  population,  according  to  the 
United  States  census  of  1920,  of  not  less  than  25,600  people  and  not 
more  than  25,700  people,  there  is  created  the  office  of  public  weigher, 
whose  official  headquarters  shall  be  at  the  county  seat  of  such  county 
and  who  shall  discharge  and  perform  at  the  county  seat  only,  all  the 
duties  required  by  law  of  any  public  weigher,  and  whose  qualifica- 
tions shall  be  the  same  as  required  by  law  of  public  weighers  elected 
in  precincts,  and  who  shall  appoint  a  sufficient  number  of  deputies 
to  enable  him  to  discharge  his  duties. 

Sec.  2.  Bond;  oath. — Such  public  weigher  shall  take  the  oath  re- 
quired by  the  constitution  of  public  officers,  and  shall  give  a  bond 
in  the  sum  of  $2,500.00,  payable,  conditioned  and  to  be  approved 
as  required  in  cases  of  bonds  of  precinct  public  weighers,  and  shall 
procure  a  like  certificate  of  authority  from  the  commissioner  of 
markets  and  warehouse.  The  deputies  of  such  public  weigher  shall 
take  such  oath  and  give  bond  in  like  manner,  which  bond,  however, 
shall  in  the  case  of  such  deputies  be  in  the  sum  of  $1,000.00. 

Sec.  3.  Appointment  and  term  of  office. — At  the  first  regular  term  of 
the  commissioners'  court  of  such  counties,  following  the  passage  of 
this  act,  such  commissioners'  court  shall  appoint  a  public  weigher 
for  its  county,  who  shall  serve  until  the  next  general  election  when 
his  successor  shall  be  elected. 

Sec.  4.  This  act  shall  not  be  construed  to  suspend  the  operation  of 
the  present  law,  providing  for  the  election  of  precinct  public 
weighers,  in  the  counties  effected  [affected]  by  this  law. 

Laws,  1925,  ch.  91,  p.  265. 

Sec.  1.  That  in  and  for  all  counties  in  this  State  having  a  popula- 
tion according  to  the  United  States  census  of  1920  not  less  than 
55,700  and  not  more  than  55,800  people,  there  is  created  the  office 
of  public  weigher  to  be  filled  by  two  officers  of  equal  rank,  whose 
official  headquarters  shall  be  in  the  county  seat  of  such  county  and 
who  shall  discharge  and  perform  at  the  county  seat  only,  all  the 
duties  required  by  law  of  any  public  weigher  and  whose  qualifier!  • 
tions  shall  be  the  same  as  required  by  law  of  public  weighers  elected 
in  precincts,  and  who  shall  appoint  a  sufficient  number  of  deputies 
to  enable  them  to  discharge  their  duties. 

Sec.  2.  Bond;  oath. — Each  of  said  public  weighers  shall  take  the 
oath  required  by  the  constitution  of  public  weighers  and  give  a  bond 
in  the  sum  of  $2,500,  payable,  conditioned  and  to  be  approved  as 
required  in  cases  of  bonds  of  precinct  public  weighers,  and  shall 
procure  a  like  certificate  of  authority  from  the  commissioner  of 
markets  and  warehouses. 

Sec.  3.  Appointment  and  term  of  office. — Such  public  weighers  shall 
be  elected  by  popular  vote  of  the  entire  county  as  other  county  offi- 


808  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

cers.    One  of  said  weighers  shall  fill  a  place  called  place  No.  1  and 
the  other  shall  fill  the  place  called  place  No.  2. 

Sec.  4.  This  act  shall  not  be  construed  to  suspend  the  operations 
of  the  present  law,  providing  for  the  election  of  precinct  public 
weighers,  in  the  counties  affected  by  this  law  except  precinct  in  which 
the  county  seat  is  located,  and  it  shall  not  disturb  the  present  public 
weighers  but  shall  take  effect  December  1,  1926. 

Rev.  Civil  Stats.,  1925,  Vol.  2,  Title  93,  ch.  6,  p.  1598. 

Sec.  5680  (1919).  "Public  weigher"  defined. — Any  person  engaged 
in  the  business  of  public  weighing  for  hire,  or  any  person,  who  shall 
weigh  or  measure  any  commodity,  produce  or  article,  and  issue 
therefor  a  weight  certificate  or  weight  sheet,  which  shall  be  accepted 
as  the  accurate  weight  upon  which  the  purchase  or  sale  of  such  com- 
modity, produce  or  article  is  based,  shall  be  known  as  a  public 
weigher,  and  shall  comply  with  the  provisions  of  this  chapter.  The 
provisions  of  this  article  shall  not  apply  to  the  owners,  managers, 
agents  or  employees  of  any  compress  or  any  public  warehouse  in 
their  operation  as  a  warehouseman.  This  exemption  shall  not  apply 
in  any  manner  to  any  Texas  port. 

Sec.  5681  (al919).  Appointment. — The  governor  is  authorized  and 
required  to  appoint  five  persons  as  public  weighers  in  every  city 
which  receives  annually  one  hundred  thousand  bales  of  cotton  on 
sale  or  for  shipment.  In  all  cities  and  towns  which  receive  as  much 
as  fifty  thousand  bales  of  cotton,  twenty-five  thousand  tons  of  cotton 
seed;  one  hundred  thousand  bushels  of  grain  or  rice,  one  hundred 
thousand  pounds  of  wool;  five  thousand  barrels  of  sugar,  or  any 
other  commodity  in  large  quantities,  it  shall  be  lawful  for  the  gov- 
ernor to  appoint  a  sufficient  number  of  public  weighers  for  such  city 
or  town  to  carefully  and  accurately  weigh  all  produce  tendered  for 
the  purpose  of  weighing  for  shipment. 

Sec.  5682  (1919).  Recommendation  for  appointment. — No  man  shall 
be  appointed  as  such  weigher  unless  he  shall  receive  the  indorsement 
of  the  senator  and  a  majority  of  the  representatives  from  the  sena- 
torial district  where  such  appointee  would  hold  such  office. 

Sec.  5683.  Election. — In  all  counties  in  which  there  are  no  city  or 
cities  in  which  the  governor  is  authorized  to  appoint  public  weighers, 
there  shall  be  elected  at  each  general  election  a  public  weigher  for 
each  justice  precinct  in  the  manner  and  form  governing  the  election 
of  other  precinct  officers.  The  commissioners  court  at  the  regular 
February  term  preceding  the  election  may  unite  two  or  more  justice 
precincts  for  the  purpose  of  electing  such  public  weighers. 

Sec.  5683a.  Office  in  counties  not  less  than  25,600  population. — In  and 
for  all  counties  in  this  State  having  a  population,  according  to  the 
United  States  census  of  1920,  of  not  less  than  25,600  people  and  not 
more  than  25,700  people,  there  is  created  the  office  of  public  weigher, 
whose  official  headquarters  shall  be  at  the  seat  of  such  county  and 
who  shall  discharge  and  perform  at  the  county  seat  only,  all  the 
duties  required  by  law  of  any  public  weigher,  and  whose  qualifica- 
tions shall  be  the  same  as  required  by  law  of  public  weighers  elected 
in  precincts,  and  who  shall  appoint  a  sufficient  number  of  deputies 
to  enable  him  to  discharge  his  duties. 


TEXAS  809 

(2)  Such  public  weigher  shall  take  the  oath  required  by  the  con- 
stitution of  public  officers,  and  shall  give  a  bond  in  the  sum  of 
$2,500.00,  payable,  conditioned  and  to  be  approved  as  required  in 
cases  of  bonds  of  precinct  public  weighers,  and  shall  procure  a 
like  certificate  of  authority  from  the  commissioner  of  markets  and 
warehouses.  The  deputies  of  such  public  weigher  shall  take  such 
oath  and  give  bond  in  like  manner,  which  bond,  however,  shall  in  the 
case  of  such  deputies  be  in  the  sum  of  $1,000.00. 

(3)  At  the  first  regular  term  of  the  commissioners'  court  of  such 
counties,  following  the  passage  of  this  act,  such  commissioners'  court 
shall  appoint  a  public  weigher  for  its  county,  who  shall  serve  until 
the  next  general  election  when  his  successor  shall  be  elected. 

(4)  This  act  shall  not  be  construed  to  suspend  the  operation  of  the 
present  law,  providing  for  the  election  of  precinct  public  weighers, 
in  the  counties  effected  [affected]  by  this  law. 

Sec.  5683b.  Office  in  counties  having  not  less  than  55,700  population. — 
In  and  for  all  counties  in  this  State  having  a  population  accord- 
ing to  the  United  States  census  of  1920  not  less  than  55,700  and 
not  more  than  55,800  people,  there  is  created  the  office  of  public 
weigher  to  be  filled  by  two  officers  of  equal  rank,  whose  official 
headquarters  shall  be  in  the  county  seat  of  such  county  and  who 
shall  discharge  and  perform  at  the  county  seat  only,  all  the  duties 
required  by  law  of  any  public  weigher  and  whose  qualifications  shall 
be  the  same  as  required  by  law  of  public  weighers  elected  in  precincts, 
and  who  shall  appoint  a  sufficient  number  of  deputies  to  enable 
them  to  discharge  their  duties. 

(2)  Each  of  said  public  weighers  shall  take  the  oath  required 
by  the  constitution  of  public  weighers  and  give  a  bond  in  the  sum 
of  $2,500,  payable,  conditioned  and  to  be  approved  as  required  in 
cases  of  bonds  of  precinct  public  weighers,  and  shall  procure  a 
like  certificate  of  authority  from  the  commissioner  of  markets  and 
warehouses. 

(3)  Such  public  weighers  shall  be  elected  by  popular  vote  of  the 
entire  county  as  other  county  officers.  One  of  said  weighers  shall 
fill  a  place  called  place  No.  1  and  the  other  shall  fill  the  place  called 
place  No.  2. 

(4)  This  act  shall  not  be  construed  to  suspend  the  operations 
of  the  present  law,  providing  for  the  election  of  precinct  public 
weighers,  in  the  counties  affected  by  this  law  except  precinct  in  which 
the  county  seat  is  located,  and  it  shall  not  disturb  the  present  public 
weighers  but  shall  take  effect  December  1,  1926. 

Sec.  5684.  Qualifications  of  weigher. — No  person  shall  be  appointed 
or  elected  public  weigher  unless  he  is  a  qualified  voter  in  the  city  or 
precinct  for  which  he  is  appointed  or  elected  and  is  of  a  good  moral 
character  and  unquestioned  integrity.  He  shall  have  a  fair  education 
and  be  able  to  keep  an  accurate  set  of  books  as  required  by  this  law. 
No  person  shall  be  appointed  or  elected  public  weigher,  or  deputy 
public  weigher  who  is  interested  in  the  buying  or  sale  of  cotton,  wool, 
sugar  or  grain  to  be  weighed,  either  as  principal,  agent,  factor, 
commission  merchant  or  employee. 

Sec.  5685.  Term  and  removal. — All  public  weighers  appointed  by  the 
governor  or  elected  for  any  precinct  shall  hold  their  office  for  the 
term  of  two  years. 


810  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

Sec.  5686.  Abolishing  elective  office. — When  the  people  of  any  sub- 
division of  a  county  that  has  an  elective  weigher  may  wish  to  abolish 
said  office  of  public  weigher,  the  commissioners  court  of  said  county 
shall,  upon  petition  to  abolish  said  office  signed  by  qualified  voters 
at  least  one-third  in  number  of  the  whole  vote  cast  for  governor  at 
the  last  preceding  election  in  the  weigher's  precinct,  order  an  elec- 
tion to  decide  whether  such  office  of  public  weigher  of  the  subdivision 
named  in  the  petition,  shall  be  abolished  or  not.  Said  election  shall 
be  held  in  the  same  manner  as  other  elections.  If  a  majority  of  the 
votes  of  the  subdivision  of  the  county  ordering  said  election  shall 
be  cast  in  favor  of  abolishing  any  office  of  public  weigher,  the  com- 
missioners court  shall  declare  such  office  to  be  abolished  within  thirty 
days  after  the  election;  and  another  election  for  this  purpose  shall 
not  be  held  for  two  years. 

Sec.  5687.  Bond  of  appointed  weigher. — Every  public  weigher  ap- 
pointed by  the  governor,  shall  file  a  bond  payable  to  the  State  of 
Texas  in  the  sum  of  five  thousand  dollars,  conditioned  that  he  will 
accurately  weigh,  or  measure  all  produce  tendered  to  him  for  weigh- 
ing or  measuring,  and  that  all  certificates  of  weights  issued  by  him 
shall  represent  a  true  and  accurate  weight  of  the  produce  so  weighed 
and  that  he  will  comply  with  the  laws  governing  public  weighers, 
and  that  he  will  not  permit  any  one  to  molest,  mutilate  or  destroy 
any  article,  produce  or  commodity  while  in  his  possession.  Such 
bond  shall  not  be  void  on  first  recovery,  but  may  be  sued  on  by  any 
person  injured  by  such  public  weigher.  All  bonds  given  by  such 
public  weighers  or  their  deputies  shall  be  subject  to  approval  by  the 
commissioner  of  markets  and  warehouses.4 

Sec.  5688  (1903).  Bond  of  elective  weigher. — Each  public  weigher 
elected  for  a  precinct  shall  execute  a  bond  payable  to  the  county 
judge  in  the  sum  of  five  thousand  dollars  to  be  approved  by  the 
commissioners  court,  conditioned  upon  the  faithful  and  impartial 
performance  of  the  duties  of  his  office.  The  bond  of  a  weigher  for 
a  precinct  where  not  over  five  thousand  bales  of  cotton  are  received 
for  sale  or  shipment  shall  be  two  thousand  five  hundred  dollars. 

Sec.  5689.  Filing  bond  and  oath  of  office. — Each  public  weigher, 
whether  elected  or  appointed,  before  entering  upon  his  duties  as  such, 
shall  take  and  subscribe  to  the  official  oath  and  file  said  oath  and  his 
bond  with  the  county  clerk  of  the  county  in  which  he  resides. 

Sec.  5690  (1919).  Certificate  of  authority. — All  public  weighers  or 
deputy  public  weighers,  appointed  or  elected  shall  obtain  from  the 
commissioner  of  markets  and  warehouses  5  a  certificate  of  authority 
to  carry  on  the  business  of  public  weigher  or  deputy  public  weigher 
within  the  city,  town,  precinct  or  shipping  point  for  which  he  was 
elected  or  appointed. 

Sec.  5691  (1921).  Deputy  weighers. — Each  public  weigher,  appointed 
or  elected,  shall  have  the  right,  and  it  shall  be  his  duty  to  appoint 
a  sufficient  number  of  deputies  in  each  precinct,  to  weigh  all  produce 
tendered  for  the  purpose  of  weighing,  at  any  and  all  points  within 
such  precinct.  He  shall  require  of  each  of  said  deputies  to  file  a  bond 
in  the  penal  sum  of  one  thousand  dollars,  under  the  same  terms  and 

4  The  office  of  commissioner  of  markets  and  warehouses  was  abolished  and  the  duties 
vested  in  the  commissioner  of  agriculture  by  Laws,  1925,  ch.  13. 
B  See  note,  p.  791. 


TEXAS  811 

conditions  as  the  bond  which  he  filed  with  the  commissioners  court 
of  the  county  in  which  he  resides,  before  he  shall  be  permitted  to 
engage  in  the  business  of  deput}'  public  weigher;  such  bond  so  filed, 
shall  be  payable  to  the  State  of  Texas,  and  shall  be  subject  to  the 
approval  of  the  commissioners  court  of  the  county  in  which  he  re- 
sides, and  certified  to  the  commissioner  of  markets  and  warehouses, 
before  such  deputy  public  weigher  shall  be  entitled  to  engage  in 
the  business  of  public  weighing.  Such  public  weigher  shall  have  the 
right  to  appoint  a  sufficient  number  of  deputies  to  serve  at  will  of 
the  public  weigher,  to  aid  him  in  weighing  or  measuring  any  com- 
modity that  is  tendered  to  him  for  weighing. 

Sec.  5692.  Special  weighers. — In  all  counties  of  this  State  in  which 
there  are  two  or  more  cities,  towns  or  shipping  points  that  receive 
as  much  as  fifty  thousand  bales  of  cotton,  or  twenty-five  tons 
of  cotton  seed,  or  one  hundred  thousand  bushels  of  grain,  or  two 
hundred  thousand  bushels  of  rice,  or  one  hundred  thousand  pounds  of 
wool,  or  five  thousand  barrels  of  sugar,  or  any  other  commodity  in 
large  quantities,  it  shall  be  lawful  for  the  governor  to  appoint  a 
sufficient  number  of  weighers  for  such  county  to  carefully  and  ac- 
curately weigh  all  commodities  tendered  for  the  purpose  of  weighing 
for  shipment,  sale  or  purchase.  This  article  shall  not  apply  to  Gal- 
veston and  Neuces  Counties.  All  such  appointments  shall  be  made 
by  the  governor  on  the  recommendation  of  the  senator  from  whose 
senatorial  district  such  appointment  is  made,  together  with  a  ma- 
jority of  the  representatives  in  the  legislature  from  such  senatorial 
district.  No  man  shall  be  appointed  unless  he  shall  receive  the  en- 
dorsement of  the  senator  and  a  majority  of  the  representatives  from 
such  district.  Every  public  weigher  so  appointed  shall  file  a  bond 
payable  to  the  State  of  Texas,  in  the  sum  of  five  thousand  dollars, 
conditioned  that  he  will  accurately  weigh,  or  measure,  all  commodi- 
ties tendered  to  him  in  said  county  for  weighing  or  measuring,  and 
that  all  certificates  of  weight  issued  by  him  shall  represent  a  true 
and  accurate  weight  of  such  produce  so  weighed,  and  otherwise  com- 
plying with  the  law  governing  the  conditions  of  bonds  required  of 
public  weighers.  Such  bond  so  given  shall  not  be  void  upon  first 
recovery  but  may  be  sued  on  successively  by  any  and  all  persons  who 
are  injured  by  such  public  weigher.  Such  public  weigher  shall  have 
the  right  to  appoint  a  sufficient  number  of  deputies  to  aid  him  in 
weighing  or  measuring  any  commodity  that  is  tendered  to  him  for 
weighing.  All  bonds  given  by  such  public  weighers  or  their  deputies 
shall  be  subject  to  the  approval  of  the  commissioner  of  markets  and 
warehouses,  and  all  bonds  and  oaths  of  such  public  weighers  or  their 
deputies  shall  be  filed  with  said  commissioner. 

Sec.  5693  (1919).  Must  comply  with  law. — No  one  shall  be  allowed 
to  pursue  the  business  of  weighing  for  the  public  or  grant  a  certifi- 
cate or  weight  sheet  upon  which  a  purchase  or  sale  is  made  unless 
he  comply  with  the  provisions  of  this  chapter. 

Sec.  5694  (1917).  Commissioner  to  supervise. — All  public  weighers  in 
this  State  as  provided  for  in  this  chapter,  shall  be  under  the  supervi- 
sion of  the  commissioner  of  markets  and  warehouses  6  and  all  weights 
made  by  them  shall  be  subject  to  his  approval.  In  any  case  where 
any  discrepancy  arises  as  to  weights  or  measures  of  cotton  or  other 

•  See  note,  p.  791. 


812  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

farm  products,  made  between  public  weighers  in  different  sections 
of  this  State,  or  between  public  and  private  weighers,  the  difference 
shall  be  subject  to  review  by  the  commissioner;  and  any  party  who 
may  be  dissatisfied  with  the  weights  or  measures  of  any  public  or 
private  weigher,  may  appeal  to  the  commissioner,  and  have  such  cot- 
ton or  other  farm  products  re-weighed  or  re-measured,  for  the  pur- 
pose of  ascertaining  and  deciding  the  correct  weight  and  measure 
thereof.  The  scales  of  all  public  and  private  weighers  weighing 
cotton  and  other  products  shall  at  all  reasonable  times  be  subject  to 
inspection  by  the  commissioner,  or  his  duly  authorized  representa- 
tive. Compliance  with  this  article  shall  be  absolute  prerequisite  to 
the  right  to  institute  and  maintain  any  action  concerning  the  subject 
matter  hereof,  in  any  court  of  this  State.  The  authority  herein  con- 
ferred upon  the  commissioner,  to  review  the  weights,  shall  not  be  con- 
strued as  in  any  manner  affecting  the  selection  of  public  weighers 
or  of  fixing  the  charge  to  the  public  of  such  public  weighers. 

Sec.  5695.  Duty  of  commissioner. — The  commissioner  of  markets 
and  warehouses  7  shall  issue  a  certificate  of  authority  to  all  persons 
engaged  in  the  business  of  weighing  for  the  public;  carefully  and 
accurately  test  all  scales,  weights,  beams  and  measures,  used  by  such 
public  weighers  at  least  once  every  twelve  months,  and  charge  such 
public  weigher  a  fee  of  five  dollars  for  such  inspection,  which  fee 
shall  be  paid,  by  the  commissioner  into  the  State  treasury;  such 
inspection  fee  to  be  collected  at  the  time  of  the  certificate  of  authority 
is  issued  to  any  public  weigher  or  deputy  public  weigher  in  this  State, 
and  such  fee  shall  be  collected  annually  thereafter  from  all  persons 
engaged  in  the  business  of  public  weigher. 

Sec.  5696.  Weight  certificates. — The  commissioner  shall  prescribe 
the  form  of  weight  certificate  to  be  used  by  all  public  weighers  in 
this  State,  which  certificate  shall  be  known  as  a  State  certificate  of 
weights  and  measures.  Such  certificate  shall  state  thereon  the  kind 
of  produce;  the  number  of  same,  the  date  of  the  receipt  of  the 
produce,  the  owner,  agent,  or  consignee,  the  total  weight  of  the 
produce,  the  vessel,  railroad,  or  other  means  by  which  the  produce 
was  received,  and  any  trade  or  other  mark  thereon ;  and  such  other 
information  as  may  be  necessary  to  distinguish  or  identify  the  pro- 
duce from  a  like  kind.  No  certificate  other  than  the  one  herein 
prescribed  shall  be  used  by  any  public  weigher  in  this  State,  and 
such  certificate  when  so  made  and  properly  signed,  shall  be  prima 
facie  evidence  of  such  weight.  All  certificates  of  weights  and  meas- 
ures or  weight  sheets  as  provided  for  in  this  chapter  shall  contain 
the  accurate  and  correct  weight  of  any  and  all  commodities  weighed 
when  issued  by  public  weighers. 

Sec.  5697.  Seal. — Every  public  weigher  in  this  State  shall  provide 
himself  with  a  seal,  consisting  of  a  star  of  five  points,  and  shall  have 
inscribed  on  the  outer  margin  thereof  the  words,  "  Public  weigher, 

Precinct  No. , County,  Texas,"  or  "  Public  weigher, 

city,  Texas,"  which  seal  shall  be  impressed  upon  each  weight  certifi- 
cate issued  by  such  public  weigher,  or  deputy  public  weigher,  on  all 
weight  sheets  made  out  by  them. 

Sec.  5698.  Record  of  weights. — All  public  weighers  shall  keep  and 
preserve  in  a  well-bound  book  a  correct  and  accurate  record  of  all 

7  See  note,  p.  791. 


TEXAS  813 

weights  by  them,  as  provided  in  this  chapter,  which  record  shall  at 
all  times  be  open  for  inspection  to  the  public  and  to  the  commissioner 
of  markets  and  warehouses,  his  deputies  or  inspectors.  Such  record 
shall  be  uniform  throughout  the  State,  and  the  form  of  such  record 
shall  be  prescribed  by  the  commissioner. 

Sec.  5699.  Piled  or  stored  separately. — All  amounts,  lots,  or  ship- 
ments or  consignments  of  produce,  after  having  been  weighed,  shall 
be  piled  or  stored  separately  as  nearly  as  can  be,  in  order  that 
amounts,  lots,  shipments  or  consignments,  may  be  distinguished  from 
other  lots,  shipments,  or  consignments  of  like  kind. 

Sec.  5700.  To  tag  or  mark  article. — All  public  weighers  in  weighing 
any  commodity,  produce,  or  article,  shall  immediately  tag  or  mark 
such  commodity,  produce  or  article  that  has  been  weighed  by  him  so 
as  to  distinguish  same  from  that  which  has  not  been  weighed. 

Sec.  5701.  Reweighing. — When  any  doubt  or  difference  arises  as  to 
the  correctness  of  the  net  or  gross  weight  of  any  amount,  or  a  part 
of  a  commodity,  produce  or  article,  for  which  a  certificate  of  weight 
or  measure  has  been  issued,  as  provided  in  this  State,  by  the  public 
weigher,  the  owner,  agent  or  consignee,  may,  upon  complaint  to  the 
commissioner  of  markets  and  warehouses,8  have  said  amount,  or  part 
of  any  commodity,  produce  or  article  reweighed  by  the  commissioner, 
or  his  deputy,  or  by  a  public  weigher  designated  by  the  commissioner 
by  depositing  with  the  commissioner  sufficient  money  to  defray  the 
cost  of  reweighing  such  article  or  commodity.  If  on  reweighing,  it 
is  discovered  that  fraud  or  carelessness,  or  any  faulty  weighing  ap- 
paratus was  the  cause  of  a  discrepancy  in  weights,  the  cost  of  re- 
weighing shall,  in  all  instances,  be  borne  by  the  public  weigher  who 
issued  the  weight  sheet  or  weight  certificate. 

Sec.  5702.  Suspension  or  dismissal. — Whenever  any  public  weigher, 
or  deputy  public  weigher  appointed  or  elected  under  the  pi*ovisions 
of  this  chapter  shall  be  guilty  of  malfeasance  in  office,  or  who  is 
grossly  incompetent  in  the  performance  of  his  duties,  he  shall  be 
subject  to  suspension  or  dismissal  from  office  by  the  commissioners 
court  of  the  county  in  which  he  resides,  or  by  the  governor,  should  he 
be  appointed  by  the  governor.  In  all  cases  it  shall  be  the  duty  of  the 
commissioner  of  markets  and  warehouses,  8to  file  with  the  commis- 
sioners court  or  the  governor  the  specific  charges  alleging  mal- 
feasance, misfeasance,  dishonesty  or  incompetency  or  other  cause. 
Such  case  may  be  set  down  for  hearing  not  less  than  ten  nor  more 
than  thirty  days  from  the  filing  of  such  charges.  The  accused  shall 
be  furnished  a  copy  of  such  charges  and  be  notified  of  the  date  set 
for  hearing  of  his  case.  He  shall  have  the  right  to  be  represented  by 
an  attorney,  to  introduce  evidence  in  his  own  behalf,  and  to  have 
compulsory  process  for  witnesses  and  the  production  of  records.  If 
he  is  found  guilty,  the  commissioners  court  or  governor  shall  immedi- 
ately discharge  him  as  a  public  weigher :  Provided,  He  may  have  the 
right  of  appeal  to  the  district  court  of  his  county  or  to  the  district 
court  of  Travis  County. 

Sec.  5703.  Factor  or  commission  merchant. — It  shall  not  be  lawful 
for  any  factor,  commission  merchant,  or  other  person  or  persons,  to 
employ  any  other  than  a  public  weigher,  or  his  deputies  to  weigh 

8  See  note,  p.  791. 


814  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

cotton,  wool,  sugar,  hay,  or  grain,  or  other  produce,  sold  or  offered 
for  sale  in  any  city  or  justice  precinct  having  a  public  weigher  duly 
qualified.  Whoever  violates  any  provision  of  this  article  shall  be 
liable  at  the  suit  of  the  public  weigher  to  damages  in  any  sum  not 
less  than  five  dollars  for  each  bale  of  cotton,  bale  or  sack  of  wool, 
ton  of  hay,  or  ton  of  grain,  so  unlawfully  weighed. 

Sec.  5704  (1905).  Owner  may  weigh,  etc. — Nothing  in  this  chapter 
shall  prevent  any  person,  firm  or  corporation  from  weighing  his  own 
cotton,  wool,  sugar,  hay,  grain  or  pecans  in  person.  In  places  where 
there  are  no  public  weighers  appointed  or  elected,  any  person  who 
shall  weigh  cotton,  wool,  sugar,  grain,  hay,  or  pecans  for  compensa- 
tion shall  be  required  before  weighing  such  produce  to  enter  into  a 
bond  for  twenty-five  hundred  dollars  approved  and  payable  as  in 
case  of  public  weighers  referred  to  in  this  chapter,  and  conditioned 
that  he  will  faithfully  perform  the  duties  of  his  office  and  turn  over 
all  property  weighed  by  him  on  demand  of  the  owner.  This  article 
shall  not  apply  to  merchant  flouring  mills. 

Rev.  Civil  Stats.,  1925,  Vol.  2,  Title  86,  ch.  2,  p.  1476. 

Sec.  5295  (1873).  Surveyors  to  establish  true  meridian,  etc. — Each 
surveyor  shall,  in  some  convenient  place  at  the  county  seat,  establish 
a  true  meridian  by  a  substantial  monument,  to  be  erected  at  the 
expense  of  the  county ;  and  shall  adjust  to  the  said  meridian  all  com- 
passes or  other  such  instruments  before  being  used;  and  shall  keep 
in  his  office  a  standard  chain  of  the  true  measurement  of  ten  varas,  to 
which  all  of  his  chains  shall  be  adjusted  before  being  used.  All  sur- 
veyors shall  be  responsible  to  parties  interested  for  any  cost  that  may 
accrue  in  rectifying  any  errors  that  may  occur  in  their  work  by 
reason  of  neglect  or  failure  to  comply  with  the  requirements  of  this 
article. 

Rev.  Crim.  Stats.,  1925,  Title  13,  ch.  6,  p.  195. 

Sec.  937  (al919).  Oysters;  barrel  and  box;  dimensions  of  box;  number 
of  gallons  of  shucked  oysters  to  barrel. — There  is  hereby  levied  a  tax 
of  not  less  than  one-fifth  of  one  per  cent  per  pound  on  all  fish 
and  shrimp  taken  and  sold  or  offered  for  sale  in  this  State,  and 
not  less  than  two  cents  a  barrel  on  all  oysters  sold  or  offered  for 
sale  *  *  *.  For  all  purposes  mentioned  in  this  chapter  a  barrel 
of  oysters  shall  be  deemed  to  consist  of  three  boxes  of  oysters  in  the 
shell,  said  boxes  to  be  ten  inches  wide  by  twenty  inches  long  and 
thirteen  and  one-half  inches  in  depth.  In  filling  such  boxes  for 
measurement,  such  oysters  shall  be  placed  so  as  not  to  fill  such  box 
more  than  two  and  one-half  inches  in  the  center  above  the  height  of 
the  box.  Two  gallons  of  shucked  oysters  without  their  shells  shall 
be  deemed  equal  to  one  barrel  of  oysters  in  the  shell.     *     *     * 

Sec.  938.  Using  unlawful  measurement  for  oysters. — Whoever  shall 
use  any  measurement  other  than  that  established  in  article  937  for 
the  measurement  of  oysters  in  the  purchase  and  sale  of  oysters, 
shall  be  fined  not  less  than  ten  and  not  more  than  twenty -five  dollars, 
and  any  person  who  shall  fill  the  measuring  box,  in  the  buying  and 
selling  of  oysters,  higher  than  two  and  one-half  inches  in  the 
center  of  such  box,  shall  be  fined  not  less  than  ten  nor  more  than 
Iwenty-five  dollars. 


TEXAS  815 

Rev.  Crim.  Stats.,  1925,  Title  17,  ch.  13,  p.  326. 

Sec.  1489  (1905).  Feeding  stuffs,  how  marked. — Every  lot  or  parcel 
of  feeding  stuffs,  used  for  feeding  farm  live  stock,  sold,  offered  or 
exposed  for  sale  in  this  State,  for  use  within  the  State,  shall  have 
attached  a  tag  described  in  article  1492,  carrying  a  plainly  printed 
statement  clearly  and  truly  certifying  the  number  of  net  pounds 
of  feeding  stuff  in  the  package.    *     *    * 

Rev.  Civ.  Stats.,  1925,  Vol.  1,  Title  60,  p.  1036. 

Sec.  3881°.  Weights  of  feeding  stuffs. — Feeding  stuff  shall  have  the 
following  standard  net  weights  per  sack  or  container :  One  hundred 
pounds,  or  the  following  fractions  thereof,  three-fourths,  one-half, 
one-fourth,  one-sixth,  one-eighth,  one-tenth,  one-twelfth,  one-six- 
teenth, and  one-twentieth;  and  rice  bran  may  also  be  sold  in  sacks 
of  one  hundred  and  forty-three  pounds.  No  tax  tags  shall  be  issued 
for  any  feeding  stuff  which  does  not  conform  to  the  weights  herein 
prescribed. 

Rev.  Civil  Stats.,  1925,  Vol.  1,  Title  4,  ch.  5,  p.  29. 

Sec.  94  (1911).  Net  weight  to  be  stamped  on  fertilizers. — All  corpora- 
tions, firms,  or  persons,  before  selling  or  offering  for  sale  any  com- 
mercial fertilizer  for  use  within  this  State,  shall  brand  or  attach  to 
each  bag,  barrel  or  package  a  plainly  printed  statement,  showing  the 
brand  or  name  of  said  fertilizer,  the  net  weight  of  the  contents  of  the 
package,  the  name  and  address  of  the  corporation,  firm  or  person 
registering  said  fertilizer  *  *  *.  All  branding  or  labeling  must 
be  durable  and  legible,  and  so  placed  and  arranged  as  to  be  easily  read. 

Sec.  106.  Weight  of  bags  or  packages;  weight,  how  ascertained;  pen- 
alty for  failure  to  make  good  deficiency,  etc. — All  fertilizers  or  fer- 
tilizing materials  sold  or  offered  for  sale  for  use  within  this  State 
shall  be  in  bags  or  packages  of  one  hundred  pounds  net  weight, 
except  as  provided  in  the  preceding  article  [sec.  105]. 9  The  weight 
of  fertilizers  shall  be  ascertained  by  the  inspectors  of  the  State 
chemist  before  drawing  a  sample,  or  by  the  purchaser  within  ten 
days  of  delivery  to  him,  in  the  presence  of  at  least  two  disinterested 
witnesses,  one  chosen  by  the  purchaser  and  the  other  by  the  manu- 
facturer, and  the  purchaser  shall  within  five  days  notify  the  manu- 
facturer to  make  good  the  deficiency.  Upon  failure  of  the  manu- 
facturer to  do  so  within  twenty  days  thereafter  he  shall  be  liable  to 
a  penalty  of  three  dollars  for  each  sack,  barrel  or  package,  which 
immediately  attaches  and  becomes  recoverable  by  the  State,  one-half 
of  the  penalty  so  received  to  be  paid  to  the  purchaser  in  case  of  a 
sale.  If  any  such  manufacturer  shall  refuse,  decline  or  neglect  to 
be  present  or  to  choose  a  witness  within  six  days  as  herein  provided 
after  having  been  notified  or  requested  in  writing  by  the  purchaser 
so  to  do,  then  he  shall  have  forfeited  his  right  to  do  so  and  the  pur- 
chaser may  select  two  witnesses  who  shall  select  a  third,  and  the 
three  shall  proceed  to  ascertain  said  weight. 

Rev.  Civil  Stats.,  1925,  Vol.  2,  Title  128,  ch.  1,  p.  2170. 

Sec.  7538  (1917).  Measurement  of  flowing  water. — A  cubic  foot  of 
water  per  second  of  time  shall  be  the  standard  unit  for  the  measure- 

•  Sec.  105  refers  to  sale  of  fertilizer  in  bulk. 
517—27 52 


816  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

ment  of  flowing  water  for  the  purpose  of  distributing  water  for 
beneficial  uses. 

Sec.  7539.  Standard  unit. — The  standard  unit  for  volume  of  static 
water  shall  be  the  acre-foot. 

Sec.  7540.  Quantity  of  water. — A  cubic  foot  per  second  of  time  is  the 
quantity  of  water  that  will  pass  through  an  area  of  one  square  foot 
in  one  second,  when  flowing  at  an  average  velocity  of  one  foot  per 
second. 

Sec.  7541.  Acre-foot  defined. — An  acre-foot  is  the  quantity  of  water 
required  to  cover  one  acre  one  foot  deep. 

Rev.  Civil  Stats.,  1925,  Vol.  2,  Title  95,  Div.  2,  p.  1669. 

Sec.  5912  (1907).  Coal  scales. — The  owner  or  operator  of  every  coal 
mine  shall  provide  adequate  and  accurate  scales  for  weighing  coal; 
the  mine  inspector  shall  examine  such  scales,  and  if  same  are  not 
found  to  be  accurate,  he  shall  notify  the  owner  to  repair  same;  and 
if  such  owner  fails  or  refuses  to  repair  same  within  a  reasonable 
time,  said  inspector  shall  institute  proceedings  under  the  law  against 
the  proper  parties. 

Sec.  5913,  Checkweighman. — The  employees  in  any  mine  shall  have 
the  right  to  employ  a  checkweighmen  [checkweighman]  at  their  own 
option  and  their  own  expense. 


UTAH 

Comp.  Laws,  1917,  Title  115,  p.  1215. 

Sec.  6276  (1915).  TJ.  S.  standard  adopted. — The  weights  and  measures 
received  from  the  United  States  under  a  resolution  of  Congress 
approved  June  14th,  1836,  and  such  new  weights  and  measures  as 
shall  be  received  from  the  United  States  as  standard  weights  and 
measures  in  addition  thereto  or  in  renewal  thereof,  and  such  as  shall 
be  supplied  by  the  State  in  conformity  therewith,  and  certified  by 
the  National  Bureau  of  Standards,  shall  be  the  State  standards  of 
weights  and  measures. 

Sec.  6277.  Office  and  working  standards;  verification;  use. — In  addi- 
tion to  the  State  standards  of  weights  and  measures,  provided  for 
above,  there  shall  be  supplied  by  the  State  at  least  one  complete  set 
of  copies  of  these,  to  be  kept  at  all  times  in  the  office  of  the  State 
superintendent,  and  to  be  known  as  office  standards ;  and  such  other 
weights,  measures  and  apparatus  as  may  be  found  necessary  to  carry 
out  the  provisions  of  this  title,  to  be  known  as  working  standards. 
Such  weights,  measures,  and  apparatus  shall  be  verified  by  the  State 
superintendent,  or  his  deputy  or  inspector,  at  his  discretion,  upon 
their  initial  receipt,  and  at  least  once  in  each  year  thereafter,  the 
office  standards  by  direct  comparison  with  the  State  standards,  the 
working  standards  by  comparison  with  the  office  standards.  When 
found  accurate  upon  these  tests  the  office  and  working  standards 
shall  be  certified  to  by  the  superintendent.  The  office  standards  shall 
be  used  in  making  all  comparisons  of  weights,  measures,  and  weigh- 
ing or  measuring  devices  submitted  for  test  in  the  office  of  the  super- 
intendent, and  the  State  standards  shall  be  used  only  in  verifying  the 
office  standards  and  for  scientific  purposes. 

Sec.  6278,  as  amended  by  Laws,  1921,  ch.  142,  p.  387.  State  superin- 
tendent of  weights  and  measures;  deputy  and  inspectors. — The  State 
commissioner  of  agriculture  shall  be  ex  officio  superintendent  of 
weights  and  measures.  There  shall  be  a  deputy  superintendent  of 
weights  and  measures  and  inspectors  of  weights  and  measures,  the 
deputy  and  inspectors  to  be  appointed  by  the  superintendent.  The 
superintendent  of  weights  and  measures  shall  be  allowed,  for  salaries 
for  the  deputy  superintendent  of  weights  and  measures,  inspectors 
of  weights  and  measures,  clerical  services,  traveling  and  contingent 
expenses  for  himself,  his  deputy,  and  inspectors,  such  sums  as  shall 
be  appropriated  by  the  legislature. 

Sec.  6279  (1915).  Superintendent  and  deputy  to  give  bonds;  terms. — 
The  State  superintendent  of  weights  and  measures  shall  forthwith, 
on  his  appointment,  give  a  bond  in  the  penal  sum  of  $2,000,  with 
sureties  to  be  approved  by  the  secretary  of  state,  for  the  faithful 
performance  of  the  duties  of  his  office  and  for  the  safe  keeping  of 
the  standards  entrusted  to  his  care,  and  for  the  surrender  thereof 
immediately  to  his  successor  in  office  or  to  the  person  appointed  by 

817 


818  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

the  governor  to  receive  them.  The  deputy  superintendent  of  weights 
and  measures,  and  each  inspector  of  weights  and  measures  shall 
forthwith,  upon  his  appointment,  give  a  bond  in  the  penal  sum  of 
$1,000,  with  sureties  to  be  approved  by  the  secretary  of  state,  for  the 
faithful  performance  of  the  duties  of  his  office  and  for  the  safe 
keeping  of  any  apparatus  entrusted  to  his  care. 

Sec.  6280.  Custody  and  care  of  standards;  duty  of  superintendent; 
report. — The  superintendent  of  weights  and  measures  shall  take 
charge  of  the  standards  adopted  by  this  title  as  the  standards  of  the 
State,  and  cause  them  to  be  kept  in  a  fireproof  building  belonging 
to  the  State  (or  in  a  safe  and  suitable  place  in  the  office  of  the  super- 
intendent) ,  from  which  they  shall  not  be  removed  except  for  repairs 
or  for  certification,  and  he  shall  take  all  other  necessary  precautions 
for  their  safe-keeping.  He  shall  maintain  the  State  standards  in 
good  order,  and  shall  submit  them  at  least  once  in  ten  years  to  the 
National  Bureau  of  Standards  for  certification.  He  shall  keep  a 
complete  record  of  the  standards,  balances,  and  other  apparatus  be- 
longing to  the  State,  and  take  a  receipt  for  same  from  his  successor 
in  office.  He  shall  biennially,  on  the  15th  day  of  December,  make 
to  the  governor  a  report  of  all  work  done  by  his  office. 

Sec.  6281.  Tests  of  city  standards;  biennial  inspections. — The  super- 
intendent of  weights  and  measures,  or  his  deputy  or  inspectors  at 
his  discretion,  shall,  at  least  once  in  five  years,  try  and  prove  by  the 
office  standards  all  standard  weights,  measures,  and  other  apparatus 
which  may  belong  to  any  city  required  to  appoint  a  sealer  and  pur- 
chase and  keep  standards  of  weights  and  measures  by  the  provisions 
of  this  title,  and  shall  certify  to  such  when  found  to  be  accurate. 
The  State  superintendent,  or  his  deputy  or  inspectors  at  his  di- 
rection, shall,  at  least  once  in  two  years,  visit-  these  cities  for  the 
purpose  of  inspecting  the  work  of  the  local  sealers,  and  in  the  per- 
formance of  such  duties  they  may  inspect  the  weights,  measures, 
balances,  or  any  other  weighing  or  measuring  device  of  any  citizen, 
firm,  or  corporation,  and  shall  have  the  same  powers  as  the  local 
sealer  of  weights  and  measures.  The  superintendent  shall  issue  from 
time  to  time  regulations  for  the  guidance  of  city  sealers,  and  the  said 
regulations  shall  govern  the  procedure  to  be  followed  by  the  afore- 
said officers  in  the  discharge  of  their  duties. 

Sec.  6282.  General  supervision;  inspection  at  State  institutions. — The 
State  superintendent  of  weights  and  measures  shall  have  and  keep  a 
general  supervision  of  the  weights  and  measures,  and  weighing  or 
measuring  devices  offered  for  sale,  sold,  or  in  use  in  the  State.  He, 
or  his  deputy  or  inspectors,  at  his  direction,  shall,  at  least  once  an- 
nually, test  all  scales,  weights,  and  measures  used  in  checking  the 
receipts  or  disbursements  of  supplies  in  every  institution  for  the 
maintenance  of  which  moneys  are  appropriated  by  the  legislature, 
and  he  shall  report  in  writing  his  findings  to  the  supervisory  board 
and  to  the  executive  officer  of  the  institution  concerned,  and,  at  the 
request  of  such  board  or  executive  officer,  the  superintendent  of 
weights  and  measures  shall  appoint  in  writing  one  or  more  employes 
then  in  actual  service  of  the  institution,  who  shall  act  as  special 
deputies  without  extra  compensation,  for  the  purpose  of  checking 
the  receipts  or  disbursements. 


UTAH  819 

Sec.  6283.  General  powers  and  duties  of  superintendent;  annual  inspec- 
tions.— When  not  otherwise  provided  by  law,  the  State  superintendent 
shall  have  the  power,  and  it  shall  be  his  duty  in  those  parts  of  the 
State  in  which  a  city  sealer  is  not  required  to  be  appointed  by  the 
provisions  of  this  title,  to  inspect,  test,  try,  and  ascertain  if  they  are 
correct,  all  weights,  measures  and  weighing  or  measuring  devices 
kept,  offered,  or  exposed  for  sale,  sold,  or  used  or  employed  by  any 
proprietor,  agent,  lessee,  or  employee,  in  proving  the  size,  quantity, 
extent,  area,  or  measurement  of  quantities,  things,  produce  or  ar- 
ticles for  distribution  or  consumption,  purchased  or  offered  or  sub- 
mitted by  such  person  or  persons  for  sale,  hire,  or  award;  and  he 
shall  have  the  power  to,  and  shall  from  time  to  time  weigh  or  meas- 
ure and  inspect  packages  or  amounts  of  commodities  of  whatsoever 
kind  kept  for  the  purpose  of  sale,  offered  for  sale,  or  sold  in  a  manner 
in  accordance  with  law.  He  shall,  at  least  once  each  year  and  as 
much  oftener  as  he  may  deem  necessary,  see  that  all  weights,  meas- 
ures, and  weighing  or  measuring  devices  used  are  correct.  He  may, 
for  the  purpose  above  mentioned,  and  in  the  general  performance  of 
his  official  duties,  enter  and  go  into  or  upon,  and  without  formal 
warrant,  any  stand,  place,  building,  or  premises,  or  stop  any  dealer 
whatsoever,  and  require  him,  if  necessary,  to  proceed  to  some  place 
which  the  State  superintendent  may  specify,  for  the  purpose  of 
making  the  proper  tests.  Whenever  the  State  superintendent  finds 
a  violation  of  the  statutes  relating  to  weights  and  measures,  he  shall 
cause  the  violator  to  be  prosecuted. 

Sec.  6284.  Correct  standards  to  be  sealed. — Whenever  the  State  super- 
intendent compares  weights,  measures,  or  weighing  or  measuring  in- 
struments and  finds  that  they  correspond,  or  causes  them  to  corre- 
spond with  the  standards  in  his  possession,  he  shall  seal  or  mark 
such  weights,  measures,  or  weighing  or  measuring  instruments  with 
appropriate  devices. 

Sec.  6285.  Incorrect  standards  to  be  condemned;  may  be  confiscated, 
when. — The  State  superintendent  shall  condemn  and  seize  and  may 
destroy  incorrect  weights,  measures,  or  weighing  or  measuring  de- 
vices which  in  his  best  judgment  are  not  susceptible  of  satisfactory 
repair;  but  such  as  are  incorrect  and  yet  may  be  repaired,  he  shall 
mark  or  tag  as  "  condemned  for  repairs."  The  owner  or  user  of  any 
weights,  measures,  or  weighing  or  measuring  devices  of  which  such 
disposition  is  made  shall  have  the  same  repaired  or  corrected. within 
ten  days  except  upon  satisfactory  showing  the  superintendent  may 
extend  such  time,  and  they  may  neither  use  nor  dispose  of  the  same 
in  any  way,  but  shall  hold  the  same  at  the  disposal  of  the  superin- 
tendent. Any  weights,  measures,  or  weighing  or  measuring  devices 
which  have  been  "condemned  for  repairs,"  and  have  not  been  re- 
paired as  required  above,  shall  be  confiscated  by  the  superintendent. 

Sec.  6286.  Powers  and  duties  of  deputy  and  inspectors. — The  powers 
and  duties  given  to  and  imposed  upon  the  State  superintendent  of 
weights  and  measures  by  sections  6283-6285  are  hereby  given  to  and 
imposed  upon  his  deputy  and  inspectors  also,  when  acting  under  his 
instructions  and  at  his  direction. 

Sec.  6287.  City  sealer;  appointment;  salary;  deputies.— There  shall  be 
a  city  sealer  of  weights  and  measures  in  cities  of  not  less  than  twenty- 


820  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

five  thousand  population,  according  to  the  latest  official  State  or 
United  States  census,  to  be  appointed  by  the  mayor  and  city  com- 
mission. He  shall  be  paid  a  salary,  to  be  determined  by  the  mayor 
and  city  commission,  and  no  fee  shall  be  charged  by  him  or  by  the 
city  for  the  inspecting,  testing,  or  sealing,  or  the  repairing  or  ad- 
justing of  weights,  measures,  or  weighing  or  measuring  devices. 
Whenever  the  mayor  and  city  commission  shall  deem  it  necessary, 
one  or  more  deputy  sealers  of  weights  and  measures  may  be  ap- 
pointed and  their  salary  fixed  as  above.  All  deputies  appointed, 
shall  have  the  same  powers,  and  may  perform  the  same  duties  as 
the  city  sealer,  when  acting  under  his  instructions  and  direction. 

Sec.  6288.  Bond  of  city  sealer. — The  city  sealer  of  weights  and  meas- 
ures shall  forthwith,  on  his  appointment,  give  a  bond  in  the  penal 
sum  of  $1,000,  with  sureties  to  be  approved  by  the  appointing  power, 
for  the  faithful  performance  of  the  duties  of  his  office. 

Sec.  6289.  City  standards ;  custody. — The  mayor  and  city  commission 
of  each  city  required  to  appoint  a  sealer  under  the  provisions  of  this 
title  shall  procure  at  the  expense  of  the  city,  and  shall  keep  at  all 
times,  a  set  of  weights  and  measures  and  other  apparatus  as  com- 
plete and  of  such  materials  and  construction  as  the  said  superin- 
tendent of  weights  and  measures  may  direct.  All  such  weights, 
measures,  and  other  apparatus,  having  been  tried  and  accurately 
proven  by  the  State  superintendent,  shall  be  sealed  and  certified  to 
by  him  as  hereinbefore  provided,  and  shall  be  then  deposited  with 
and  preserved  by  the  city  sealer  as  public  standards  for  each  city. 

Sec.  6290.  Powers  and  duties  of  city  sealer. — Where  not  otherwise 
provided  by  law,  the  city  sealer  shall  have  the  same  powers  and  shall 
perform  the  same  duties  within  his  city  as  are  granted  to  and  im- 
posed upon  the  State  superintendent  of  Aveights  and  measures  by 
sections  6283-6285. 

Sec.  6291.  Records;  report. — The  city  sealer  shall  keep  a  complete 
record  of  all  of  his  official  acts,  and  shall  make  an  annual  report, 
duly  sworn  to,  on  the  30th  day  of  November,  to  the  State  superin- 
tendent of  weights  and  measures,  on  blanks  furnished  by  the  latter ; 
and  also,  any  special  reports  that  the  latter  may  request. 

Sec.  6292.  Police  powers  of  inspectors  and  sealers. — The  superintend- 
ent of  weights  and  measures,  his  deputy  and  inspectors,  and  the  city 
sealers  and  deputy  sealers  of  weights  and  measures,  are  hereby  made 
special  policemen,  and  are  authorized  and  empowered  to  arrest,  with- 
out formal  warrant,  any  violator  of  the  statutes  in  relation  to  weights 
and  measures,  and  to  seize  for  use  as  evidence,  without  formal  war- 
rant, any  false  or  unsealed  weight,  measure,  or  weighing  or  measur- 
ing device  or  package  or  amount  of  commodity  found  to  be  used, 
retained,  or  offered  or  exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  6293.  Unlawful  interference;  penalty. — Any  person  who  shall 
hinder  or  obstruct  in  any  way  the  superintendent  of  weights  and 
measures,  his  deputy  or  inspectors,  or  any  city  sealer  or  deputy 
sealer  of  weights  and  measures,  in  the  performance  of  his  official 
duties,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
in  any  court  of  competent  jurisdiction,  shall  be  punished  by  a  fine  of 
not  less  than  $20.00  or  more  than  $200.00,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  three  months,  or  by  both  such  fine  and 
imprisonment. 


UTAH  821 

Sec.  6294.  Misrepresentation;  use  of  counterfeit  seal;  penalty. — Any 
person  who  shall  impersonate  in  any  way  the  superintendent  of 
weights  and  measures,  his  deputy  or  inspectors,  or  any  city  sealer  or 
deputy  sealer  of  weights  and  measures,  by  the  use  of  his  seal  or 
counterfeit  of  his  seal,  or  otherwise,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof  in  any  court  of  competent 
jurisdiction,  shall  be  punished  by  a  fine  of  not  less  than  $100.00,  and 
imprisonment  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  6295.  Unlawful  to  sell  coal,  etc.,  except  by  weight  measure; 
record. — It  shall  be  unlawful  to  sell  or  offer  to  sell  any  coal,  coke,  or 
charcoal  in  any  other  manner  than  by  weight.  It  shall  be  unlawful 
for  any  person  to  deliver  any  coal,  coke,  or  charcoal  without  each 
such  delivery  being  accompanied  by  a  delivery  ticket  and  a  duplicate 
thereof,  on  each  of  which  shall  be  in  ink  or  other  indelible  sub- 
stance, distinctly  expressed  in  pounds,  the  gross  weight  of  the  load, 
the  tare  weight  of  the  delivery  vehicle,  and  the  quantity  or  quantities 
of  coal,  coke,  or  charcoal  contained  in  the  vehicle  used  in  such  de- 
liveries, with  the  name  of  the  purchaser  thereof,  and  the  name  of 
the  dealer  from  whom  purchased.  One  of  these  tickets  shall  be  sur- 
rendered to  the  State  superintendent,  his  deputy  or  inspectors,  or  a 
city  sealer  or  deputy  sealer  of  weights  and  measures,  upon  his  de- 
mand for  his  inspection;  and  this  ticket  or  weight  slip  issued  by  him 
when  he  desires  to  retam  the  original  shall  be  delivered  to  the  said 
purchaser  of  said  coal,  coke,  or  charcoal,  or  his  agent  or  representa- 
tive, at  the  time  of  the  delivery  of  the  fuel ;  and  the  other  tickets  shall 
be  retained  by  the  seller  of  the  fuel.  When  the  buyer  carries  away 
the  purchase,  a  delivery  ticket  showing  the  actual  number  of  pounds 
delivered  to  him  must  be  given  to  him  at  the  time  the  sale  is  made. 

Sec.  6296.  Measurement  of  food  products  in  packages;  net  contents  to 
be  marked;  proviso;  package  denned. — It  shall  be  unlawful  to  keep  for 
the  purpose  of  sale,  or  sell,  or  offer  or  expose  for  sale,  any  food 
products  in  package  form,  unless  the  net  quantity  of  the  contents  be 
plainly  and  conspicuously  marked  on  the  outside  of  the  package,  in 
terms  of  weight,  measure,  or  numerical  count:  Provided,  however, 
That  reasonable  variations  or  tolerances  shall  be  permitted,  and  that 
these  reasonable  variations  or  tolerations  and  also  exemptions  as  to 
small  packages  shall  be  established  by  rules  and  regulations  made 
by  the  dairy  and  food  bureau:  And  provided,  further,  That  this 
section  shall  not  be  construed  to  apply  to  those  commodities  in  pack- 
age form,  the  manner  of  the  sale  of  which  is  specifically  regulated  by 
the  provisions  of  other  sections  of  this  title.  The  word  "  package," 
as  used  in  this  section,  shall  be  construed  to  include  the  package, 
carton,  case,  can,  box,  barrel,  bottle,  phial,  or  other  receptacle  put  up 
by  the  manufacturer;  or,  when  put  up  prior  to  the  order  of  the 
commodity,  by  the  vendor,  which  may  be  labeled,  branded,  or  sten- 
ciled, or  otherwise  marked,  or  which  may  be  suitable  for  labeling, 
branding,  or  stenciling,  or  marking  otherwise,  making  one  complete 
package  of  the  commodity.  The  word  "  package "  shall  be  con- 
strued to  include  both  the  wholesale  and  the  retail  package,  with  the 
exception  of  shipping  cases  when  contents  are  properly  marked. 

Sec.  6297.  Dry  goods;  net  amount  to  be  marked;  definition. — It  shall 
be  unlawful  to  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale, 


822  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

or  sell  any  commodity  composed  in  whole  or  in  part  of  cotton,  wool, 
linen,  or  silk,  or  any  other  textile  material  on  a  spool  or  similar 
holder,  or  in  a  container  or  band,  or  in  a  bolt  or  roll,  or  in  a  ball, 
coil,  or  skein,  or  in  any  similar  manner,  unless  the  net  amount  of 
the  commodity  in  terms  of  weight  or  measure  shall  be  definitely, 
plainly,  and  conspicuously  marked  on  the  principal  label,  if  there 
be  such  a  label;  otherwise,  on  a  wrapping,  band,  or  tag  attached 
thereto.  The  words  "  spool  or  similar  holder,  container,  or  band, 
bolt,  or  roll,  or  ball,  coil,  or  skein,"  shall  be  construed  to  include  the 
spool  or  similar  holder,  container  or  band,  bolt  or  roll,  or  ball,  coil 
or  skein  put  up  by  the  manufacturer;  or  when  put  up  prior  to  the 
order  of  the  commodity,  by  the  vendor.  It  shall  be  held  to  include 
both  the  wholesale  and  the  retail  package. 

Sec.  6298.  Sale  of  butter  and  oleomargarine;  sizes  of  packages;  net 
weight  to  show. — It  shall  be  unlawful  for  any  person  to  sell,  or  offer 
to  sell,  any  butter  or  renovated  or  process  butter  or  oleomargine  in 
any  other  manner  than  by  weight.  It  shall  be  unlawful  for  any 
person  to  put  up,  pack,  or  keep  for  the  purpose  of  sale,  offer  or 
expose  for  sale,  or  sell  any  butter,  or  renovated  or  process  butter 
or  oleomargine  in  the  form  of  prints,  bricks,  or  rolls  in  any  other 
than  the  following  sizes,  to  wit :  One-quarter  pound,  one-half  pound, 
one  pound,  one  and  one-half  pounds,  or  multiples  of  one  pound. 
Each  print,  brick,  or  roll  shall  bear  a  definite,  plain  and  conspicuous 
statement  of  its  true  net  weight,  on  the  principal  label,  where  there 
be  such  a  label,  otherwise  on  the  outside  wrapper  thereof;  such 
statement  shall  be  in  Gothic  type,  not  less  than  twelve  point.  The 
prints,  bricks,  or  rolls  referred  to  in  this  section  shall  be  construed  to 
include  those  prints,  bricks,  or  rolls  put  up  by  the  manufacturer  or 
producer;  or  when  put  up  prior  to  the  order  of  the  commodity  by 
the  vendor. 

Sec.  6299.  Bread ;  labeled  to  show  weight  and  name  of  manufacturer. — 
All  bread  kept  for  the  purpose  of  sale,  offered  or  exposed  for  sale, 
or  sold  shall  be  sold  by  weight.  To  each  loaf  of  bread  shall  be 
attached  a  label  plainly  showing  its  correct  weight  and  the  firm  name 
of  the  manufacturer  thereof,  the  size  of  the  label  and  type  to  be 
used  to  be  specified  by  the  State  superintendent  of  weights  and 
measures.  It  shall  be  unlawful  for  any  person  to  make  or  keep  for 
the  purpose  of  sale,  offer  or  expose  for  sale,  or  sell  any  bread  other 
than  such  as  shall  be  in  accordance  with  the  provisions  of  this 
section. 

Sec.  6300.  Measurement  of  liquid  and  other  commodities;  vegetables 
and  fruit. — It  shall  be  unlawful  to  sell,  except  for  immediate  con- 
sumption on  the  premises,  liquid  commodities  in  any  other  manner 
than  by  weight  or  liquid  measure,  or  commodities  not  liquid  in  any 
other  manner  than  by  measure  of  length,  by  weight,  or  by  numerical 
count :  Provided,  however,  That  nothing  in  this  section  shall  be  con- 
strued to  prevent  the  sale  of  vegetables,  fruits,  and  produce  in  the 
standard  barrel1  adopted  by  the  United  States  Government,  or  of 
berries  and  small  fruit  in  boxes  as  provided  in  section  6301,  usually 
sold  by  the  head  or  bunch,  in  this  manner.  For  the  purposes  of  this 
section,  the  term  "  commodities  not  liquid  "  shall  be  construed  to  in- 

>See  p.  20  for  United  States  law. 


UTAH  823 

elude  goods,  wares,  and  merchandise  which  have  heretofore  been  sold 
by  measure  of  length,  by  weight,  by  measure  of  capacity,  or  by 
numerical  count,  or  which  are  susceptible  of  sale  in  any  of  these  ways. 

Sec.  6301.  Berries  and  small  fruit;  measurement  and  sale. — It  shall 
be  unlawful  after  the  1st  day  of  August,  1915,  to  sell  or  offer  to 
sell  any  berries  or  small  fruits  in  any  other  manner  than  by  weight, 
or  in  the  containers  described  in  this  section.  It  shall  be  unlawful 
to  procure  or  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale, 
sell  or  give  away  any  baskets  or  other  open  containers  for  berries 
or  small  fruits,  holding  one  quart  or  less,  or  to  procure  or  keep  for 
the  purpose  of  sale,  offer  or  expose  for  sale,  or  sell  berries  or  small 
fruits  in  baskets  or  other  open  containers,  holding  one  quart  or  less 
of  any  other  than  the  following  capacities,  when  level  full;  one 
quart  having  a  capacity  of  67.2  cubic  inches  and  containing  not  less 
than  twenty-one  ounces;  one  pint  having  a  capacity  of  33.6  cubic 
inches  and  containing  not  less  than  ten  and  five-tenths  ounces,  stand- 
ard dry  measure.  It  shall  be  unlawful  to  use  berry  cups,  boxes, 
crates,  or  sacks  a  second  time  as  receptacles  for  fruits  or  vegetables, 
or  to  use  unclean  or  insanitary  crates,  boxes  or  sacks.  It  shall  be 
unlawful  for  any  dealer  or  vendor  to  transfer  berries  or  small  fruits 
from  one  container  to  another,  or  from  the  containers  in  which  said 
fruits  or  berries  is  packed  by  the  producer. 

Sec.  6302.  Sale  by  weight;  construction. — Whenever  any  commodity 
is  sold  on  a  basis  of  weight,  it  shall  be  unlawful  to  employ  any 
other  weight  in  such  sale  than  the  net  weight  of  the  commodity; 
and  all  contracts  concerning  goods  sold  on  a  basis  of  weight  shall 
be  understood  and  construed  accordingly.  Whenever  the  weight  of 
a  commodity  is  mentioned  in  this  title,  it  shall  be  understood  and 
construed  to  mean  the  net  weight  of  the  commodity 

Sec.  6303.  Use  of  false  weights  and  measures;  other  violations;  pen- 
alty.— Any  person,  who  by  himself,  or  by  his  servant  or  agent,  or  as 
the  servant  or  agent  of  another  person,  shall  offer  or  expose  for 
sale,  sell,  use  in  the  buying  or  selling  of  any  commodity  or  thing 
or  for  hire  or  award,  or  retain  in  his  possession  a  false  weight  or 
measure,  or  weighing  or  measuring  device,  which  has  not  been 
sealed  by  the  State  superintendent  or  his  deputy  or  inspectors,  or 
by  sealer  or  deputy  sealer  of  weights  and  measures,  within  one 
year,  or  shall  dispose  of  any  condemned  weight  or  measure,  or 
weighing  or  measuring  device  contrary  to  law,  or  remove  any  tag 
placed  thereon  by  the  State  superintendent,  or  his  deputy  or  in- 
spectors, or  by  a  sealer  or  deputy  sealer  of  weights  and  measures; 
or  who  shall  sell  or  offer  or  expose  for  sale  less  than  the  quantity 
he  represents,  or  shall  take  or  attempt  to  take  more  than  the  quantity 
he  represents,  when  as  the  buyer  he  furnished  the  weight,  measure, 
or  weighing  or  measuring  device  by  means  of  which  the  amount 
of  commodity  is  determined;  or  who  shall  keep  for  the  purpose 
of  sale,  offer  or  expose  for  sale,  or  sell  any  commodity  in  a  manner 
contrary  to  law;  or  who  shall  violate  any  provisions  of  this  title 
for  which  a  specific  penalty  has  not  been  provided;  or  who  shall 
sell  or  offer  for  sale,  or  use  or  have  in  his  possession  for  the  purpose 
of  selling  or  using,  any  device  or  instrument  to  be  used  to,  or  cal- 
culated to,  falsify  any  weight  or  measure,  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punished  by  a  fine  of  not  less  than  twenty 


824  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

dollars  or  more  than  two  hundred  dollars  or  by  imprisonment  for 
not  more  than  three  months,  or  by  both  such  fine  and  imprisonment, 
upon  the  first  conviction  in  any  court  of  competent  jurisdiction; 
and  upon  the  second  or  subsequent  conviction  in  any  court  of  com- 
petent jurisdiction  he  shall  be  punished  by  a  fine  of  not  less  than 
$50.00  or  more  than  $500.00,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  6304.  Definition  of  terms. — The  word  "  person  "  as  used  in  this 
title  shall  be  construed  to  impart  both  the  plural  and  singular,  as 
the  case  demands,  and  shall  include  corporations,  companies,  socie- 
ties, and  associations. 

The  words  "  weights,  measures,  or  [and]  weighing  or  [and] 
measuring  devices  "  as  used  in  this  title,  shall  be  construed  to  include 
all  weights,  scales,  beams,  measures  of  every  kind,  instruments  and 
mechanical  devices  for  weighing  or  measuring,  and  any  appliances 
and  accessories  connected  with  any  or  all  such  instruments. 

The  words  "  sell  "  or  "  sale  "  as  used  in  this  title  shall  be  construed 
to  include  barter  and  exchange. 

Comp.  Laws,  1917,  ch.  3,  p.  209. 

Sec.  570  (al917).  General  powers  of  city  council. — The  boards  of 
commissioners  and  city  councils  of  cities  shall  have  the  powers  in  the 
following  sections  enumerated: 

Sec.  570  x  43.  Manner  of  sale. — To  provide  for  the  place  and  the 
manner  of  sale  of  meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables, 
and  all  other  provisions,  and  regulate  the  selling  of  the  same. 

Sec.  570  x  45.  Inspection  of  merchandise. — To  provide  for  the  inspec- 
tion, measurement,  or  graduation  of  any  merchandise,  manufacture, 
or  commodity,  and  to  appoint  the  necessary  officers  therefor. 

Sec.  570  x  46.  Weights  and  measures;  inspection. — To  provide  for  the 
inspection  and  sealing  of  weights,  measures,  computing  scales,  and 
all  weighing  and  measuring  devices  indicating  arithmetical  value  as 
well  as  weight. 

Sec.  570  x  47.  Same;  keeping,  enforcement  of. — To  enforce  the 
keeping  of  proper  weights,  measures,  computing  scales,  and  all 
weighing  and  measuring  devices  indicating  arithmetical  values  as 
well  as  weight. 

Comp.  Laws,  1917,  ch.  2,  p.  462. 

Sec.  1928  (al913).— *  *  *  That  for  the  purpose  of  this  chapter 
an  article  shall  also  be  deemed  to  be  misbranded :     *     *     * 

In  case  of  foods :     *     *     * 

3.  If  in  package  form,  the  net  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure,  or  numerical  count:  Provided,  That  rea- 
sonable variations  and  tolerations  shall  be  permitted  by  rules  and 
regulations  made  in  accordance  with  this  chapter  by  the  State  dairy 
and  food  bureau. 

Laws,  1925,  ch.  85,  p.  165. 

Sec.  2.  Weight  of  eggs. — Unless  the  context  otherwise  requires,  the 
words  and  phrases  employed  in  this  act  shall  have  the  meanings 
hereinafter  defined :    *    *    * 


UTAH  825 

(h)  "  Standard  size  eggs  "  as  used  herein  refers  to  eggs  weighing 
twenty-two  ounces  or  over  to  the  dozen. 

(i)  "  Pullet  size  eggs  "  as  used  herein  refers  to  eggs  weighing  un- 
der twenty-two  ounces  to  the  dozen. 

Sec.  3.  Grades  or  standards;  rules. — It  shall  be  the  duty  of  the  State 
board  of  agriculture  to  establish  forthwith,  and  from  time  to  time, 
grades  or  standards  of  quality  and  size  or  weight  governing  the  sale 
of  eggs  as  permitted  by  this  act,  and  to  make  suitable  rules  and  regu- 
lations for  otherwise  carrying  out  its  provisions.  Such  rules,  regu- 
lations, and  standards  of  quality  and  weight  shall  be  filed  in  the 
office  of  the  State  board  of  agriculture  and  shall  be  in  effect  thirty 
days  after  such  filing. 

Sec.  4.  "Unlawful  sale  of  eggs. — It  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  sell  or  offer  or  expose  for  sale  any  eggs  which 
are  intended  for  human  consumption  without  notifying  by  suitable 
signs  or  label  the  persons  purchasing  or  intending  to  purchase  the 
same  of  the  exact  grade  or  quality  according  to  the  standards  pre- 
scribed by  the  State  board  of  agriculture,  and  if  these  eggs  are  not 
standard  sized  eggs,  they  shall  be  labeled  "  pullet  eggs." 

Sec.  6.  Effect  of  guaranty. — No  retailer  shall  be  prosecuted  under 
the  provisions  of  this  act  when  he  can  establish  a  guaranty  from  the 
person  from  whom  any  eggs  are  purchased,  to  the  effect  that  said 
eggs  at  the  time  of  such  purchase  conformed  to  the  grade  or  quality 
and  the  size  or  weight  as  stated  in  the  invoice:  Provided,  Said  eggs 
have  been  labeled  by  the  retailer  for  resale  in  accordance  with  the 
purchase  invoice:  And  provided,  further,  That  said  guaranty  shall 
not  exempt  from  prosecution  any  retailer  who  may  have  kept  the 
eggs,  covered  by  such  guaranty,  for  such  time  after  their  purchase 
or  under  such  conditions  as  to  cause  said  eggs  to  deteriorate  into  a 
lower  grade  or  standard. 

Sec.  7.  Penalty. — Every  person  who  violates  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  one  hundred  dollars  ($100.00). 

Laws,  1919,  ch.  39,  p.  79. 

Sec.  2,  as  amended  by  laws,  1921,  ch.  9,  p.  35.  Net  weight  to  be  marked 
on  commercial  feeding  stuff. — Every  lot  or  parcel  of  commercial  feeding 
stuffs  sold,  offered  or  exposed  for  sale  or  distributed  within  this  State 
shall  have  affixed  thereto  a  tag  or  label  in  a  conspicuous  place  on  the 
outside  thereof  containing  a  legible  and  plainly  printed  statement 
in  the  English  language,  clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  contents  of  the  package,  Jot  or  par- 
cel;    *     *     * 

(c)  The  name  and  principal  address  of  the  manufacturer  or  dis- 
tributor of  the  product.     *     *     * 

Comp.  Laws,  1917,  ch.  4,  p.  974. 

Sec.  4813°.  Regulation  of  car  supply  and  the  weighing  of  cars  and 
freight;  may  test  weights  and  scales. — 3.  The  commission  [public  utili- 
ties commission]  shall  also  have  power  to  provide  the  time  within 
which  baggage  shall  be  received,  transported,  delivered,  and  stored. 
The  commission  shall  have  power  to  enforce  reasonable  regulations 
for  the  weighing  of  cars  and  freight  offered  for  shipment  over  any 


826  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

line  of  railroad,  and  to  test  the  weights  made  by  any  railroad  corpo- 
ration and  scales  used  in  weighing  freight  on  cars. 

Sec.  4814.  Electric,  gas,  and  water  companies;  examination  and  tests. — 
1.  The  commission  [public  utilities  commission]  shall  have  power, 
after  hearing,  to  ascertain  and  fix  just  and  reasonable  standards, 
classifications,  regulations,  practices,  measurements,  or  service  to  be 
furnished,  imposed,  observed,  and  followed  by  all  electrical,  gas, 
and  water  corporations;  to  ascertain  and  fix  adequate  and  service- 
able standards  for  the  measurement  of  quantity,  quality,  pressure, 
initial  voltage,  or  other  condition  pertaining  to  the  supply  of  the 
product,  commodity,  or  service  furnished  or  rendered  by  any  such 
public  utility ;  to  prescribe  reasonable  regulations  for  the  examina- 
tion and  testing  of  such  products,  commodity,  or  service,  and  for  the 
measurement  thereof;  to  establish  reasonable  rules,  regulations,  speci- 
fications, and  standards  to  secure  the  accuracy  of  all  meters  and  ap- 
pliances for  measurements;  and  to  provide  for  the  examination  and 
testing  of  any  and  all  appliances  used  for  the  measurement  of  any 
product,  commodity,  or  service  of  any  such  public  utility. 

2.  The  commissioners  and  their  officers  and  employes  shall  have 
power  to  enter  upon  any  premises  occupied  by  any  public  utility, 
for  the  purpose  of  making  the  examinations  and  tests  and  exercising 
any  of  the  other  powers  provided  for  in  this  title,  and  to  set  up  and 
use  on  such  premises  any  apparatus  and  appliances  necessary  there- 
for. The  agents  and  employes  of  such  public  utility  shall  have  the 
right  to  be  present  at  the  making  of  such  examinations  and  tests. 

3.  Any  consumer  or  user  of  any  product,  commodity,  or  service  of 
a  public  utility  may  have  any  appliance  used  in  the  measurement 
thereof  tested,  upon  paying  the  fees  fixed  by  the  commission.  The 
commission  shall  establish  and  fix  reasonable  fees  to  be  paid  for 
testing  such  appliances  on  the  request  of  the  consumer  or  user,  the  fee 
to  be  paid  by  the  consumer  or  user  at  the  time  of  his  request,  but  to  be 
paid  by  the  public  utility  and  repaid  to  the  consumer  or  user  if  the 
appliance  is  found  defective  or  incorrect  to  the  disadvantage  of  the 
consumer  or  user,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  commission. 

Laws,  1919,  ch.  26,  p.  46. 

Sec.  1.  Carloads  of  coal,  weighing  of. — It  shall  be  unlawful  for  any 
common  carrier  organized  under  the  laws  of  this  State,  or  any  com- 
mon carrier  doing  business  within  this  State,  to  collect  freight 
charges  from  any  consignee  for  coal  in  carload  lots  delivered 
at  any  point  within  the  State  where  railroad  track  scales  are  owned 
or  used  or  maintained  at  the  point  of  delivery  or  in  the  line  of  transit 
for  any  weight  in  excess  of  the  actual  weight  of  the  coal  delivered 
to  said  consignee ;  and  in  determining  the  actual  weight  of  such  coal, 
the  common  carrier  shall  be  entitled  to  take  the  weight  of  the  empty 
car,  as  determined  by  weighing  such  car  at  the  point  where  the  coal 
is  loaded  for  shipment,  and  deduct  such  weight  from  the  gross 
weight  of  the  car  and  coal,  as  weighed  at  the  point  nearest  in  the  line 
of  transit  to  the  point  of  delivery  of  said  coal  to  consignee  where 
railroad  track  scales  are  owned  or  used  and  maintained.  Such 
weighing  shall  be  done  within  a  reasonable  time  after  the  arrival 
of  the  car  at  its  destination.  No  charge  shall  be  made  to  the  con- 
signee by  such  common  carrier  for  such  weighing.    It  is  further 


UTAH  827 

provided,  that  if  the  difference  between  the  original  net  weight  as 
determined  at  the  point  of  shipment  and  the  net  weight  obtained  by 
reweighing  at  the  track  scales  nearest  in  the  line  of  transit  to 
destination,  does  not  exceed  200  pounds  on  a  carload  of  coal,  then  the 
weight  determined  at  the  point  of  shipment  shall  not  be  changed. 

Sec.  2.  Weighman's  certificate;  when  charges  due. — Before  the  pay- 
ment by  the  consignee  of  the  freight  upon  any  carload  of  coal  deliv- 
ered by  a  common  carrier  within  this  State,  at  a  point  where  track 
scales  are  owned  or  used  or  maintained,  in  the  line  of  transit  to,  or  at, 
the  place  of  delivery,  such  common  carrier  shall  deliver  to  said 
consignee  a  certificate  signed  by  a  competent  and  disinterested  weigh- 
man,  stating  the  gross  weight  of  the  car  and  the  coal  contained 
therein,  as  weighed  at  the  track  scales  nearest  in  line  of  transit  to,  or 
at  the  point  of  delivery  thereof  to  the  consignee,  and  shall  endorse 
on  such  certificate  the  weight  of  such  empty  car  as  determined  at  the 
point  where  such  coal  was  loaded,  and  no  freight  charges  for  the 
transportation  of  any  such  coal  shall  be  due  or  payable  until  the 
same  has  been  weighed  at  the  track  scales  nearest  in  line  of  transit  to, 
or  at,  the  point  of  destination  as  herein  prescribed,  and  the  cer- 
tificate of  the  weight  thereof  given  as  required  by  this  act. 

Sec.  3.  Violation  of  act  a  misdemeanor. — Any  common  carrier  who 
shall  violate  any  provision  of  this  act,  or  who  shall  collect  freight 
on  a  carload  of  coal  at  a  point  where  railroad  track  scales  are  main- 
tained, in  the  line  of  transit  to,  or  at,  the  point  of  delivery  with- 
out causing  same  to  be  weighed  within  the  time  and  in  the  manner 
required  by  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  $100.00 
and  not  more  than  $299.00. 

Sec.  4.  Repeals. — That  sections  1250,  1251  and  1252,  Compiled  Laws 
of  Utah,  1917,  are  hereby  repealed. 

Cons.  Art.  10. 

Sec.  11.  Metric  system  to  be  taught. — The  metric  system  shall  be 
taught  in  the  public  schools  of  the  State. 

Comp.  laws,  1917,  ch.  4,  p.  475. 

Sec.  1975  (1911).  Use  of  Babcock  test;  misdemeanor. — In  the  use  of  the 
Babcock  test,  the  standard  milk  measures  or  pipettes  shall  have  a 
capacity  of  17.6  cubic  centimeters,  and  the  standard  test  tubes  or 
bottles  for  milk  shall  have  a  capacity  of  2  cubic  centimeters  for  each 
10  per  cent  marked  on  the  necks  thereof;  cream  shall  be  tested  by 
weight  and  the  standard  unit  for  testing  shall  be  18  grams,  and  it  is 
hereby  made  a  misdemeanor  to  use  any  other  standards  of  milk  or 
cream  measure  where  milk  or  cream  is  purchased  by  or  furnished  to 
creameries  or  cheese  factories  and  where  the  value  of  said  milk  or 
cream  is  determined  by  the  percentage  of  butter  fat  contained  in  the 
same  or  wherever  the  value  of  milk  or  cream  is  determined  by  the 
percentage  of  butter  fat  contained  in  the  same  by  the  Babcock  test. 
*  *  *  Any  manufacturer,  merchant,  dealer,  or  agent  in  this  State 
who  shall  offer  for  sale  or  sell  a  milk  pipette  or  measure,  test  tube,  or 
bottle,  which  is  not  correctly  marked  or  graduated  as  herein  pro- 
vided, shall  be  guilty  of  a  misdemeanor.  It  shall  be  unlawful  for 
the  owner,  manager,  agent,  or  any  employee  of  a  cheese  factory, 
creamery,  or  condensed  milk  factory  to  falsely  manipulate  or  under- 


828  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

read  or  overread  the  Babcock  test  or  any  other  contrivance  used  for 
determining  the  quality  or  value  of  milk  or  cream,  or  to  make  any 
false  determination  by  said  Babcock  test  or  otherwise. 

Sec.  1976.  Penalty. — Whoever  shall  violate  any  of  the  provisions  of 
this  chapter  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  less  than  $25  nor  more 
than  $200,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
ten  days  nor  more  than  thirty  days;  or  by  both  such  fine  and  im- 
prisonment, at  the  discretion  of  the  court. 

Comp.  Laws,  1917,  ch.  4,  p.  741. 

Sec.  3464  (al905).  Standard  of  measurement  of  water. — The  standard 
unit  of  measurement  of  the  flow  of  water  shall  be  the  discharge  of 
one  cubic  foot  per  second  of  time,  which  shall  be  known  as  a  second 
foot ;  and  the  standard  unit  of  measurement  of  the  volume  of  water 
shall  be  the  acre  foot,  being  the  amount  of  water  upon  an  acre  cov- 
ered one  foot  deep,  equivalent  to  43,560  cubic  feet. 

Comp.  Laws,  1917,  ch.  3,  p.  836. 

Sec.  3930  (1913).  Mine  owners  to  provide  scales  for  weighing  coal. — 
The  owner,  agent,  or  operator  of  every  coal  mine  in  this  State,  at 
which  the  miners  are  paid  by  weight,  shall  provide  at  such  mines  suit- 
able and  accurate  scales  of  standard  manufacture  for  the  weighing  of 
all  coal  which  shall  be  hoisted  or  delivered  from  such  mines:  Pro- 
vided, That  when  coal  is  weighed  in  the  miner's  car,  such  car  shall 
be  brought  to  a  standstill  on  the  scales  before  the  weight  is  taken. 

Sec.  3931.  Weigher  to  be  sworn;  record  of  coal  mined. — The  owner, 
agent,  or  operator  of  such  mine  shall  require  the  person  authorized 
to  weigh  the  coal  delivered  from  said  mine  to  be  sworn  before  some 
person  having  authority  to  administer  an  oath,  to  keep  the  scales 
correctly  balanced,  to  accurately  weigh  and  to  correctly  record  the 
gross  or  screened  weight  to  the  nearest  ten  pounds  of  each  miner's 
car  of  coal  delivered  from  such  mine,  and  such  oath  shall  be  kept 
conspicuously  posted  at  the  place  of  weighing.  The  record  of  the 
coal  mined  by  each  miner  shall  be  kept  separate,  and  shall  be  opened 
to  his  inspection  at  all  reasonable  hours,  and  also  for  the  inspection 
of  all  other  persons  pecuniarily  interested  in  such  mine. 

Sec.  3932.  Miners  may  furnish  checkweighman;  duties  and  powers. — 
In  all  coal  mines  in  this  State  the  miners  employed  and  working 
therein  may  furnish  a  competent  checkweighman  at  their  own  ex- 
pense, who  shall  at  all  proper  times  have  full  right  of  access  and 
examination  of  such  scales,  machinery,  or  apparatus,  and  of  seeing 
all  measures,  and  weights  of  coal  mined  and  accounts  kept  of  the 
same:  Provided,  That  not  more  than  one  person  on  behalf  of  the 
miners  collectively  shall  have  such  right  of  access,  examination,  and 
inspection  of  scales,  measures,  and  accounts  at  the  same  time,  and 
that  such  persons  shall  make  no  unnecessary  interference  with  the  use 
of  such  scales,  machinery,  or  apparatus.  The  agent  of  the  miners 
as  aforesaid  shall,  before  entering  upon  his  duties,  make  and  sub- 
scribe to  an  oath  before  some  officer  duly  authorized  to  administer 
oaths,  that  he  is  duly  qualified  and  will  faithfully  discharge  the 
duties  of  checkweighman.  Such  oath  shall  be  kept  conspicuously 
posted  at  the  place  of  weighing. 


UTAH  829 

Sec.  3933.  Fraudulent  weighing  a  misdemeanor. — Any  person,  com- 
pany, or  firm  having  or  using  any  scale  or  scales  for  the  purpose  of 
weighing  the  output  of  coal  at  mines  so  arranged  or  constructed  that 
fraudulent  weighing  may  be  done  thereby,  or  who  shall  knowingly 
resort  to  or  employ  any  means  whatsoever  by  reason  of  which  such 
coal  is  not  correctly  weighed  or  reported  in  accordance  with  the  pro- 
visions of  this  chapter;  or  any  weighman  or  checkweighman  who 
shall  fraudulently  weigh  or  record  the  weights  of  such  coal,  or  con- 
nive at  or  consent  to  such  fraudulent  weighing,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Sec.  3934.  Coal  mine  inspector  to  examine  scales. — It  shall  be  the  duty 
of  the  coal  mine  inspector,  in  addition  to  his  other  duties,  to  examine 
all  scales  used  at  any  coal  mine  in  the  State  for  the  purpose  of 
weighing  coal  taken  out  of  such  mine;  and  on  inspection,  if  found 
incorrect,  he  shall  notify  the  owner  or  agent  of  any  such  mine  that 
such  scales  are  incorrect;  and  after  such  notice  it  shall  be  unlawful 
for  any  owner  or  agent  to  use  or  suffer  the  same  to  be  used,  until 
such  scales  are  so  fixed  that  the  same  will  give  the  true  and  correct 
weight.  Any  person  violating  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor. 

Sec.  3935.  Coal  cars  to  be  weighed  before  and  after  loading;  way- 
bill to  show  both  weights;  penalty. — It  is  hereby  made  the  duty  of 
all  persons  or  corporations  engaged  in  the  mining  or  shipping  of  coal 
from  any  mine  or  point  within  the  State  of  Utah  to  weigh  each 
empty  car  before  it  is  loaded  and  to  note  the  weight  thereof  upon 
the  bill  of  lading,  and  to  weigh  each  car  after  the  same  is  loaded  and 
to  note  the  weight  thereof  upon  the  bill  of  lading  or  waybill  of  the 
same.  Any  person  or  corporation  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor. 


VERMONT 

General  Laws,  1917,  ch.  246,  p.  1008. 

Sec.  5868  (al910).  United  States  standards  adopted. — The  standards 
of  weight  and  measure  that  have  been  or  may  be  adopted  by  the 
United  States  shall  be  the  standards  of  weight  and  measure  for  this 
State;  and  the  weights,  measures  and  balances  received  from  the 
United  States  under  a  resolution  of  Congress,  approved  June  14, 
1836,  and  such  new  weights,  measures  and  balances  as  shall  be  re- 
ceived from  the  United  States  as  standard  weights,  measures  and 
balances  in  addition  thereto,  or  in  renewal  thereof,  shall  be  the 
authorized  standards  by  which  all  standards  of  weights  and  measures 
of  this  State  shall  be  tried,  proved  and  sealed. 

Sec.  5889,  as  amended  by  Laws,  1923,  Act.  8,  p.  18.  State  commissioner 
of  industries  ex  officio  commissioner;  deputy  commissioner. — The  com- 
missioner of  industries  shall,  by  virtue  of  his  office,  be  commissioner 
of  weights  and  measures.  He  may  appoint  a  deputy  commissioner 
and  remove  him  at  pleasure  and  shall  be  responsible  for  his  acts. 
A  record  of  such  appointment  shall  be  made  in  the  office  of  secretary 
of  State. 

Sec.  5870,  as  amended  by  Laws,  1919,  Act  No.  161,  p.  172.  Inspectors; 
appointment;  oath. — Said  commissioner  may,  when  necessary,  sub- 
ject to  the  approval  of  the  governor,  appoint  inspectors,  whose 
salaries  shall  be  fixed  by  the  board  of  control  and  who  shall  receive 
their  actual  and  necessary  hotel  and  transportation  expenses  while 
away  from  home  on  official  business.    Said  inspectors  shall  be  sworn. 

Sec.  5871  (al917).  Expenses;  assistance. — Said  commissioner  shall  be 
paid  his  actual  and  necessary  expenses  when  away  from  home  on 
official  business.  Said  commissioner  may,  subject  to  the  approval  of 
the  governor,  employ  such  assistance,  clerical  or  otherwise,  as  the 
governor  deems  necessary  for  the  proper  performance  of  the  duties 
of  said  commissioner. 

Sec.  5872,  as  amended  by  Laws,  1919,  Act  No.  161,  p.  172.  Duties  of 
commissioner. — Said  commissioner  shall  take  charge  of  the  standards 
adopted  by  the  State,  cause  them  to  be  kept  in  the  capitol  building 
from  which  they  shall  not  be  removed,  except  for  repairs  or  for 
certification,  and  take  all  other  necessary  precautions  for  their 
safekeeping.  He  shall  maintain  such  standards  in  good  order  and 
shall  submit  them  once  in  ten  years  to  the  National  Bureau  of  Stand- 
ards for  certification.  He  shall  inspect  the  weights,  measures  and 
balances  of  the  several  towns,  and,  once  in  five  years  and  oftener  if 
necessary,  compare  the  same  with  those  in  his  possession  and  seal 
such  as  are  correct;  and,  unless  otherwise  provided  by  law,  he  shall 
have  a  general  supervision  of  the  weights,  measures  and  weighing 
and  measuring  devices  of  the  State,  those  in  use  in  the  State  and  those 
sold  or  hired  or  offered  for  sale,  hire  or  award  in  the  State. 
830 


VEEMONT  831 

Sec.  5873  (al912).  Town  treasurer's  duties. — Each  town  treasurer 
shall  provide  and  keep  in  repair  in  his  office  whatever  weights, 
measures  and  balances  the  town  directs.  Such  weights,  measures 
and  balances  shall  not  be  legal  or  used  by  said  treasurer  as  herein 
provided,  unless  proved  and  sealed  as  provided  in  the  preceding 
section.  Said  treasurer  shall  prove  and  seal  weights,  measures  and 
balances  presented  to  him  for  that  purpose,  by  comparison  of  the 
same  with  the  standards  in  his  office,  and  shall  be  entitled  to  receive 
from  the  person  presenting  the  same,  ten  cents  for  each  article  so 
sealed  and  a  reasonable  compensation  for  alterations. 

Sec.  5874  (al917).  Record;  powers  of  commissioner  and  inspectors  to 
test  weight  and  measures. — Said  commissioner  shall  keep  a  complete 
record  of  the  standards  and  other  apparatus  in  his  possession,  and 
take  a  receipt  for  same  from  his  successor  in  office.  He  and  his 
inspectors  shall  have  the  power  to  inspect,  try,  test  and  ascertain  if 
they  are  correct,  and  if  so,  seal  same,  all  weights,  scales,  beams, 
measures  of  every  kind,  instruments  or  mechanical  devices  for  meas- 
urement, and  the  tools,  appliances  or  accessories  connected  with  any 
such  instruments  or  measurements  used  or  employed  within  the  State 
by  a  proprietor,  agent,  lessee  or  employee  in  determining  the  size, 
quantity,  extent,  area  or  measurement  of  quantities,  things,  produce, 
articles  for  .distribution  or  consumption  offered  or  submitted  by 
such  a  person  for  sale,  hire,  or  award. 

Sec.  5875  (1910).  Inspection  and  test;  report. — Said  commissioner  or 
his  inspectors  shall  visit  the  various  towns  in  order  to  inspect  the 
work  of  the  town  treasurers  as  sealers;  and  shall,  upon  the  request 
of  any  citizen,  firm,  corporation  or  educational  institution  of  the 
State,  test  or  calibrate  weights,  measures,  weighing  or  measuring 
devices  and  instruments  or  apparatus  used  as  test  standards  in  the 
State  and  shall  seal  such  as  are  correct.  He  or  his  inspectors  shall, 
at  least  once  annually,  test  all  weights,  measures  and  balances  used 
in  checking  the  receipt  or  disbursement  of  supplies  in  State  institu- 
tions and  shall  seal  such  as  are  correct,  and  shall  report  in  writing 
his  findings  to  the  executive  officer  of  the  institution  concerned. 

Sec.  5876,  as  amended  by  Laws,  1919,  Act  No.  161,  p.  172.  Examination 
of  commodities;  prosecution. — Said  commissioner,  his  deputy,  or  his 
inspectors  may,  at  irregular  intervals,  examine  commodities  sold  or 
offered  for  sale  and  test  them  for  correct  weight,  measure  or  count. 
He,  his  deputy,  or  his  inspectors,  for  such  purposes  and  in  the  gen- 
eral performances  of  their  official  duties  may,  without  formal  war- 
rant, enter  or  go  into  or  upon  any  stand,  place,  building  or  prem- 
ises, and  may  stop  any  vendor,  peddler,  junk  dealer,  coal  wagon  or 
coal  truck,  ice  wagon  or  ice  truck  or  any  dealer  whatsoever,  for 
the  purpose  of  making  proper  tests;  and  in  exercise  of  their  duties 
they  shall  have  full  police  power  to  enforce  all  reasonable  measures 
for  testing  any  weighing  or  measuring  devices  and  for  ascertaining 
whether  false  or  short  weights  and  measures  are  being  given  in  any 
sales  or  transfers  of  commodities  taking  place  within  the  State,  and 
they  may  seize  for  use  as  evidence,  and  hold  until  final  disposition 
of  the  same,  any  commodity,  package  or  other  article  sold  or  offered 
for  sale  contrary  to  the  law  relating  to  weights  and  measures.  Said 
commissioner,  his  deputy,  or  inspectors  may  arrest  without  warrant 

517—27 53 


832  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

and  on  view,  in  any  part  of  the  State,  a  person  found  violating 
a  provision  of  this  chapter  and  take  such  person  before  a  magis- 
trate having  jurisdiction  of  the  offense,  and  detain  such  person  in 
custody  at  the  expense  of  the  State  until  opportunity  is  had  to 
notify  a  prosecuting  officer,  who  shall  forthwith  prosecute  such 
offender.  Grand  jurors  in  such  cases  shall  receive  the  fees  pre- 
scribed by  section  seven  thousand  four  hundred  and  fifty-one.  Ex- 
cept as  herein  otherwise  provided,  whenever  said  commissioner,  his 
deputy,  or  his  inspectors  find  a  violation  of  the  statutes  relating  to 
weights  and  measures,  they  shall  submit  the  evidence  to  a  proper 
prosecuting  officer  in  the  county  in  which  said  violation  occurred 
who  shall  thereupon  prosecute  the  offender. 

Sec.  5877  (1910).  Tolerances. — Said  commissioner  shall,  after  con- 
sultation with  and  with  the  advice  of  the  National  Bureau  of  Stand- 
ards, establish  tolerances  for  use  in  the  State,  and  such  tolerances 
shall  be  the  legal  tolerances  in  the  State. 

Sec.  5878.  Rules  and  regulations. — Said  commissioner  may  make 
suitable  rules  and  regulations  to  govern  the  sale  of  commodities. 

Sec.  5879  (al917).  Report. — Said  commissioner  shall  keep  a  com- 
plete record  of  all  work  done  under  his  direction  and  shall,  in  each 
even  year,  make  a  report  to  the  governor  of  the  work  done  during 
the  preceding  two  years.  Such  report  shall  also  contain  such  other 
matter  and  recommendations  as  seem  pertinent. 

Sec.  5880  (al910).  Marking  of  standards. — The  State  standards  shall 
be  stamped  with  the  letters  S.  S.,  and  the  town  standards  with  the 
letters  T.  S.,  and  city  standards  with  the  letters  C.  S. 

Sec.  5881  (1910).  Marking  of  weights  and  measures. — Every  weight 
for  use  in  trade,  except  when  the  small  size  of  the  weight  renders  it 
impracticable,  shall  have  the  denomination  of  such  weight  perma- 
nently marked  on  the  top  side  thereof  in  legible  figures  or  letters; 
and  every  measure  of  capacity  for  use  in  trade  shall  have  the  de- 
nomination and  kind  thereof  permanently  marked  on  the  outside  of 
such  measure  in  legible  figures  or  letters.  A  weight  or  measure  not 
in  conformity  with  this  section  shall  not  be  sealed  by  said  com- 
missioner, inspectors  or  town  treasurers. 

Sec.  5882.  Sealing  without  verifying. — A  person  authorized  to  seal 
weights  and  measures  in  accordance  with  the  provisions  of  this 
chapter,  who  stamps  a  weight  or  measure  without  duly  verifying  the 
same  by  comparison  with  the  town  standards  or  is  guilty  of  a  breach 
of  any  duty  imposed  upon  him  by  law  or  otherwise  misconducts  him- 
self in  the  execution  of  his  office,  shall  be  liable  to  removal  and  shall 
be  fined  not  more  than  two  hundred  dollars  for  each  offense. 

Sec.  5883  (al912).  For  using  false  measures  after  inspection;  seizure  of 
same. — A  person  who,  after  an  inspection  of  his  weighing  and  meas- 
uring devices,  or  either,  uses  or  has  in  his  possession  for  use  in  trade, 
in  public  weighing,  or  in  ascertaining  the  weight  of  commodities  for 
or  in  transportation,  any  weight,  measure,  scale,  balance,  steelyard 
or  other  weighing  or  measuring  device,  which  is  false  or  incorrect, 
or  which  has  been  stamped  or  tagged  as  condemned  by  said  com- 
missioner, inspectors  or  treasurers,  providing  the  same  has  not  been 
afterwards  sealed  as  correct  by  said  officials,  shall  be  fined  not  more 
than  one  hundred  dollars  for  the  first  offense,  and,  for  each  sub- 
sequent offense,  not  more  than  two  hundred  dollars.    After  an  in- 


VEBMONT  833 

spection  has  been  made,  any  such  false  or  incorrect  weight,  measure, 
scale,  balance,  steelyard  or  other  weighing  or  measuring  device  may 
be  seized  by  any  official  acting  under  authority  of  this  chapter,  and, 
on  order  of  the  court,  the  same  shall  be  forfeited. 

Sec.  5884,  as  amended  by  Laws,  1919,  Act  No.  161,  p.  172.  False 
weights;  offenses;  penalty. — A  person,  who  himself  or  by  his  servant 
or  agent,  or  as  the  servant  or  agent  of  another,  shall  offer  or  expose 
for  sale,  sell  for  use,  or  use  in  the  buying  or  selling  of  any  commodity 
or  thing,  or  for  hire,  or  award,  or  retain  in  his  possession  a  false 
weight  or  measure,  or  weighing  or  measuring  device,  or  who  shall 
dispose  of  any  condemned  weight,  measure,  or  weighing  or  measur- 
ing device  contrary  to  law,  or  remove  any  tag  placed  thereon  by  a 
sealer  of  weights  and  measures  without  his  permission  or,  who  shall 
sell  or  offer  or  expose  for  sale,  less  than  the  quantity  he  represents, 
or  offers  and  exposes  for  sale  any  such  commodity  in  a  manner  con- 
trary to  law  or  who  shall  sell  or  offer  for  sale,  or  have  in  his  posses- 
sion for  the  purpose  of  selling,  any  device  or  instrument  to  be  used 
to,  or  calculated  to  falsify  any  weight  or  measure,  or  in  purchasing 
misrepresents  the  amount  purchased  shall,  upon  conviction,  except 
as  hereinafter  provided,  be  fined  not  more  than  one  hundred  dollars 
for  the  first  offense  and,  for  each  subsequent  offense,  not  more  than 
two  hundred  dollars. 

Sec.  5885,  as  amended  by  Laws,  1919,  Art.  161,  p.  172.  Refusal  to 
present  weighing  and  measuring  devices. — A  person  who  neglects  or 
refuses  to  produce  for  said  commissioner,  his  deputy,  inspectors  or 
town  treasurers,  all  weighing  and  measuring  devices  in  his  posses- 
sion and  used  in  trade  or  on  his  premises,  or  refuses  to  permit  said 
officers  to  examine  same,  or  obstructs  the  entry  of  said  officers,  or 
obstructs  or  hinders  any  officer  acting  under  the  authoritjr  of  this 
chapter,  or  knowingly  violates  a  rule  or  regulation  made  under  the 
authority  of  section  five  thousand  eight  hundred  and  seventy-eight, 
or  violates  a  provision  of  this  chapter  for  which  other  penalty  is 
not  prescribed,  shall  be  fined  not  more  than  two  hundred  dollars. 

Sec.  5886  (al917).  Appointment;  duties;  penalty. — The  commissioner 
of  weights  and  measures  may  designate  one  or  more  of  the  em- 
ployees of  a  corporation,  association,  firm  or  individual,  or  some 
other  suitable  person,  to  act  as  a  weigher  or  surveyor  for  such  cor- 
poration, association,  firm  or  individual.  Such  weigher  or  sur- 
veyor shall  be  appointed  for  a  specified  term  and  shall,  before  enter- 
ing upon  his  duties,  make  oath  faithfully  to  execute  his  trust  as 
weigher  or  surveyor.  Said  commissioner  shall  issue  a  certificate  of 
such  designation  and  shall  keep  a  record  of  the  same.  The  rights 
and  duties  of  such  weigher  or  surveyor  shall  be  prescribed  by  said 
commissioner,  and  such  weigher  or  surveyor  shall  not  receive  com- 
pensation from  the  State  for  the  duties  so  performed.  Such  a 
weigher  or  surveyor  who  misrepresents  the  quantity  of  commodities 
weighed  or  measured  by  him,  or  otherwise  misconducts  himself  in 
the  execution  of  his  duties  as  weigher  or  surveyor,  may  be  removed 
from  office  and  shall  be  fined  not  more  than  two  hundred  dollars  for 
each  offense. 

Sec.  5887  (1831).  Hundredweight;  ton. — A  hundredweight  shall 
mean  the  net  weight  of  one  hundred  pounds  avoirdupois,  and  a  ton, 
the  net  weight  of  two  thousand  pounds,  and  contracts  or  sales  con- 
cerning the  same  shall  be  construed  accordingly. 


834 


LAWS  CONCEBNING  WEIGHTS  AND  MEASUBES 


Sec.  5888,  as  amended  by  Laws,  1921,  ch.  170,  p.  152.  Bushel  of  grain 
and  vegetables;  peck,  quart,  pint. — Whenever  the  commodities  herein- 
after mentioned  are  purchased  or  sold  by  the  bushel,  peck,  or  quart, 
or  multiple  or  fraction  thereof,  the  bushel  of  such  commodity  shall 
consist  of  the  respective  number  of  pounds  herein  set  forth,  viz:1 

Pounds 

Alfalfa  seed 60 

Apples 48 

Apples,  dried 25 

Barley 48 

Beans 60 

Beans,  unshelled,  green 28 

Beans,  string 24 

Beans,  soy 58 

Beets 60 

Beet  greens 12 

Buckwheat 48 

Butternuts,  dried 28 

Carrots 50 

Charcoal . 20 

Chestnuts 50 

Clover  seed 60 

Corn  meal 50 

Corn,  shelled 56 

Corn  in  ear,  husked 70 

Corn  in  ear,  unhusked 72 

Cranberries 32 

Cucumbers 48 

Dandelions 12 

Emmer 40 

Flaxseed 55 

Hungarian  grass  seed 50 

India  wheat 46 


Pounds 

Kafir  corn 56 

Millet 50 

Oats 32 

Onions 52 

Parsley 8 

Parsnips 45 

Peaches 48 

Peanuts,  green 22 

Peanuts,  roasted . 20 

Pears 58 

Peas 60 

Peas,  unshelled,  green 28 

Plums 48 

Pop-corn 56 

Potatoes 60 

Potatoes,  sweet 54 

Quinces 48 

Redtop  seed 14 

Rye 56 

Salt,  coarse 70 

Salt,  fine 56 

Spelt 40 

Spinach 12 

Timothy  or  herd's  grass  seed 45 

Tomatoes 56 

Turnips 60 

Wheat 60 


The  legal  peck  shall  be  a  fourth  part  of  the  bushel,  the  legal  dry 
quart  shall  be  a  thirty-second  part  of  the  bushel,  and  the  legal  dry 
pint  shall  be  a  sixty-fourth  part  of  the  bushel. 

Sec.  5889  (1876).  Produce  to  be  in  good  shipping  order. — The  kinds 
of  produce  enumerated  in  the  preceding  section  shall  be  in  good 
order  for  shipping;  and  beets,  turnips,  carrots  and  onions  shall  be 
reasonably  free  from  the  soil  in  which  they  grew  and  fairly  trimmed 
of  their  tops. 

Sec.  5890  (al917).  Maple  syrup;  weight  per  gallon;  penalty. — The 
legal  weight  of  a  gallon  of  maple  syrup  shall  be  not  less  than  eleven 
pounds  and  the  legal  measure  thereof  shall  be  two  hundred  and 
thirty-one  cubic  inches.  Whenever  maple  syrup  is  sold  by  the  gallon, 
quart,  pint,  or  gill,  or  multiple  or  fraction  thereof,  it  must  be  sold 
according  to  such  legal  weight  and  measure.  The  legal  quart  shall 
be  a  fourth  of  a  gallon;  the  legal  pint,  an  eighth  of  a  gallon;  and 
the  legal  gill,  a  thirty-second  of  a  gallon.  A  person  who  sells  or 
offers  for  sale  a  less  quantity  of  maple  syrup  than  represented  or 
sells  the  same  in  a  manner  contrary  to  law  shall  be  fined  not  more 
than  five  dollars  for  the  first  offense,  and  for  each  subsequent  offense, 
not  more  than  ten  dollars. 

Sec.  5891  (al828).  Lime  and  ashes. — One  bushel  and  three-quarters 
of  a  peck  shall  be  deemed  a  bushel  of  lime  or  ashes,  and  contracts 
concerning  the  same  shall  be  understood  accordingly. 

Sec.  5892  (1855).  Cord. — A  pile  of  wood  or  bark  four  feet  high,  four 
feet  wide  and  eight  feet  long,  well  packed,  shall  be  a  cord;  and,  in 
measuring  the  length  of  wood,  only  half  the  kerf  shall  be  included. 

1 A  slight  change  has  been  made  in  the  arrangement  for  convenience  of  reference. 


VEEMONT  835 

Sec.  5893  (1876).  Milk.— The  standard  measure  of  milk  shall  be 
wine  measure. 

Sec.  5894  (1884).  Saw  logs  and  round  timber. — In  bargains  for  or 
sales  of  saw  logs  or  round  timber  by  measure,  the  number  of  feet, 
unless  otherwise  stipulated  by  the  parties,  shall  be  ascertained  as 
follows :  Multiply  the  average  diameter  of  the  top  of  the  log,  inside 
the  bark,  in  inches,  by  half  such  diameter  in  inches,  disregarding 
fractions  of  an  inch  less  than  a  half,  and  regarding  fractions  greater 
than  a  half  as  a  full  inch,  and  the  number  obtained  as  the  product 
will  represent  the  contents  in  feet  of  a  log  of  that  diameter  twelve 
feet  long.  If  the  log  is  less  than  twelve  feet  long,  the  actual  con- 
tents will  be  the  same  fraction  of  the  above  product  as  the  actual 
length  of  the  log  is  of  twelve  feet.  If  the  log  is  more  than  twelve 
feet  long,  commence  at  the  upper  end  and  measure  it  into  sections 
of  twelve  feet;  then  find,  according  to  the  above  rule,  the  contents 
of  each  section  and  fractional  section.  The  aggregate  of  the  con- 
tents of  the  sections  will  be  the  contents  of  the  whole  log. 

Sec.  5895  (1890).  Roofing  slate. — In  contracts  for  covering  roofs 
with  slate,  when  the  underlap  is  not  agreed  upon,  three  inches  for 
each  course  of  slate  shall  be  required. 

Sec.  5896  (1917).  Weigh  bill  with  coal;  penalty. — A  person  engaged 
in  the  business  of  retailing  coal  shall,  at  the  time  of  the  delivery  of 
any  coal  to  a  customer,  cause  to  be  delivered  therewith,  by  the  per- 
son delivering  the  coal,  a  duplicate  weight  slip  showing  thereon  the 
number  of  pounds  of  coal  so  delivered.  A  person  who  violates  a 
provision  of  this  section  shall  be  fined  not  more  than  one  hundred 
dollars. 

Sec.  5897  (al915).  Justices. — Justices  of  the  peace  shall  have  con- 
current jurisdiction  with  county,  municipal  and  city  courts  of 
offenses  arising  under  this  chapter. 

General  Laws,  1917,  ch.  247,  p.  1013. 

Sec.  5901  (al852).  Inspectors  of  hops. — The  judges  of  the  county 
court  of  a  county  may  appoint  an  inspector  of  hops  for  such  county, 
who  shall  be  sworn. 

Sec.  5902.  True  weight  to  be  marked. — Said  inspector,  on  request, 
shall  inspect  hops  packed  for  market  in  the  county  for  which  he  was 
appointed,  and  shall  mark  in  legible  characters,  on  each  bag  or 
package  by  him  inspected,  the  true  weight  of  hops  therein,  desig- 
nating the  quality  by  No.  1,  No.  2  or  No.  3,  with  the  initial  of  the 
Christian  name  and  the  surname  at  length  of  the  grower,  or  person 
presenting  the  same  for  inspection,  and  of  the  inspector,  and  the 
year,  in  figures,  in  which  they  were  inspected,  and  the  word  "Ver- 
mont." 

Sec.  5903.  Penalty. — A  grower,  owner,  presenter  for  inspection  or 
inspector  who  is  guilty  of  fraud  in  the  packing,  inspecting  or  mark- 
ing of  bags  or  bales  of  hops  shall  be  fined  fifty  dollars. 

General  Laws,  1917,  ch.  173,  p.  670. 

Sec.  3926  (al917).  Organization  of  selectmen;  appointments. — The 
selectmen  shall,  immediately  after  their  election  and  qualification,  or- 
ganize and  elect  a  chairman  from  among  their  number  and  imme- 
diately file  a  certificate  of  such  election  for  record  in  the  town  clerk's 


836  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

office;  and  thereupon  said  selectmen  shall  appoint  from  among  the 
inhabitants  of  the  town,  the  following  town  officers,  who  shall  serve 
until  their  successors  are  appointed  and  qualified : 

One  or  more  inspectors  of  lumber,  shingles  and  wood ; 

One  or  more  weighers  of  coal. 

Sec.  4015.  Duties;  compensation. — An  inspector  of  lumber,  shingles 
and  wood  shall,  at  the  request  of  any  party  interested,  examine  and 
classify  the  quality  of  lumber  and  shingles,  and  measure  lumber, 
shingles  and  wood  and  give  certificates  thereof;  and  shall  receive 
from  the  party  requesting  such  services,  four  cents  a  cord  for  the 
first  ten  cords  and  one  cent  for  each  additional  cord  of  wood 
measured,  and  reasonable  compensation  for  examining  and  classify- 
ing lumber  and  shingles  and  for  measuring  the  same. 

Sec.  4016  (al910).  Duties;  compensation. — A  weigher  of  coal  shall 
be  sworn  and  shall  not  be  directly  or  indirectly  interested  in  the  sale 
of  coal,  and  shall  weigh  all  coal  sold  in  his  town,  upon  request  of 
the  seller  or  purchaser.  Said  weigher  shall  be  paid  by  the  person 
applying  for  the  weighing,  ten  cents  for  the  first  ton  and  four  cents 
additional  for  each  additional  ton. 

General  Laws,  1917,  ch.  177,  p.  696. 

Sec.  4113  (al915).  By-laws  relating  to  hay  scales. — An  incorporated 
village  may  enact  such  by-laws  and  regulations  as  are  expedient,  not 
inconsistent  with  law,  particularly  such  as  relate  to  streets,  *  *  * 
to  the  erection  and  regulation  of  buildings  and  hay  scales     *     *     *. 

General  Laws,  1917,  ch.  248,  p.  1014. 

Sec.  5925  (1898).  Utensils  tested;  marking;  expense. — Bottles,  pi- 
pettes or  measuring  glasses  used  by  a  person  in  determining  by  test 
the  value  of  milk  or  cream  received  from  other  persons  shall,  before 
such  use,  be  tested  for  accuracy  of  measurement  and  for  accuracy 
of  the  per  cent  scale  marked  thereon,  at  the  Vermont  Agricultural 
Experiment  Station.  Such  bottles,  pipettes  or  measuring  glasses 
as  are  correct  shall  be  marked  in  permanent  marks  or  characters, 
which  shall  be  proof  that  they  were  so  tested;  but  incorrect  bottles, 
pipettes  or  glasses  shall  not  be  marked.  The  person  owning  such 
bottles,  pipettes  or  measuring  glasses  shall  pay  the  actual  expense 
of  testing  the  accuracy  of  the  same. 

Sec.  5926,  as  amended  by  Laws,  1919,  Act  No.  163,  p.  176.  Certificate 
of  competency  to  operator ;  fee. — A  person  who  manipulates  a  mechani- 
cal or  chemical  test  for  the  purpose  of  measuring  the  percentage  of 
butterfat  in  milk  or  cream  as  a  basis  for  apportioning  its  value,  or 
the  butter  or  cheese  made  from  the  same,  shall  secure  a  certificate 
from  the  commissioner  of  agriculture  certifjdng  that  he  is  com- 
petent to  perform  such  work  which  certificate  the  commissioner  may 
revoke  for  cause.  The  commissioner  of  agriculture  may  make  rules 
and  regulations  governing  the  application  for  and  the  granting  of 
such  certificates,  and  may  charge  a  fee  for  such  certificates  not  to 
exceed  one  dollar. 

Sec.  5927  (1898).  Violating  two  preceding  sections;  penalty. — A  per- 
son who  violates  a  provision  of  the  two  preceding  sections  shall  be 
fined  not  more  than  twenty-five  dollars  for  the  first  offense  and,  for 
each  subsequent  offense,  nor  more  than  fifty  dollars.     Sheriffs,  deputy 


VERMONT  837 

sheriffs  and  constables  shall  institute  complaint  against  a  person 
violating  a  provision  of  the  two  preceding  sections. 

Sec.  5928  (1910).  Test;  penalty. — When  cream  is  bought  or  sold 
according  to  its  butterfat  content,  there  shall  be  accurately  weighed 
into  the  test  bottle  the  full  weight  of  cream  as  specified  by  the  method 
employed.  A  person  who  violates  a  provision  of  this  section  shall 
be  fined  not  more  than  fifty  dollars  nor  less  than  ten  dollars. 

Sec.  5942,  as  amended  by  Laws,  1919,  Act  No.  163,  p.  176.  Inspection 
of  creameries ;  regulations  concerning  milk  tests. — Said  commissioner  or 
his  deputy  may  enter  the  premises  of  such  a  creamery,  cheese  fac- 
tory, condensary  or  receiving  station  and  may  inspect  all  apparatus 
and  materials  used  for  making  tests  for  the  purpose  of  determining 
the  accuracy  of  the  same,  and  for  ascertaining  whether  the  provi- 
sions of  sections  five  thousand  nine  hundred  and  twenty-five  and 
five  thousand  nine  hundred  and  twenty-six  are  being  complied  with. 
Said  commissioner  of  agriculture  may  order  any  testing  apparatus  to 
be  repaired  or  may  condemn  the  same  or  any  part  thereof  or  any 
materials  used  in  making  tests,  and  may  give  such  instructions  and 
make  such  regulations  concerning  the  taking  of  samples  of  milk  and 
cream  for  making  the  butterfat  test,  the  making  of  such  test,  and 
the  computing  of  the  results  thereof  as  he  deems  proper. 

General  Laws,  1917,  ch.  249,  p.  1021. 

Sec.  5947  (1915).  Closed  packages,  definition. — The  provisions  of  this 
chapter  shall  apply  only  to  closed  packages  of  apples ;  and  the  words 
"  closed  packages  "  shall  mean  a  barrel,  box  or  other  container,  the 
contents  of  which  cannot  be  seen  or  inspected  when  such  barrel,  box 
or  container  is  closed. 

Laws,  1921,  Act  173,  p.  170. 

Sec.  1.  Standard  box  and  barrel;  dimensions. — The  standard  barrel 
for  apples  shall  be  of  the  following  dimensions  when  measured  with- 
out distention  of  its  parts :  Length  of  stave  twenty-eight  and  a  half 
inches;  diameter  of  head,  seventeen  and  an  eighth  inches;  distance 
between  heads,  twenty-six  inches;  circumference  of  bulge,  sixty-four 
inches,  outside  measurement;  and  the  thickness  of  staves  not  greater 
than  four-tenths  of  an  inch :  Provided,  That  any  barrel  of  a  differ- 
ent form  having  a  capacity  of  seven  thousand  and  fifty-six  cubic 
inches  shall  be  a  standard  barrel,  and  such  barrel  shall  be  plainly 
marked  "  Vermont  standard  barrel."  The  standard  box  for  apples 
shall  be  of  the  following  dimensions,  by  inside  measurement;  eight- 
een inches  by  eleven  and  a  half  inches  by  ten  and  a  half  inches, 
without  distention  of  its  parts,  and  having  a  capacity  of  not  less  than 
two  thousand  one  hundred  and  seventy-three  and  a  half  cubic  inches, 
and  such  box  shall  be  plainly  marked  "  Vermont  standard  box." 
When  a  box,  barrel  or  container  other  than  a  standard  barrel  or  a 
standard  box,  as  hereinafter  specified,  is  used,  such  barrel,  box  or 
container  shall  have  plainly  specified  thereon  the  number  of  bushels 
and  parts  of  a  bushel  contained  therein. 

Sec.  3.  Kepeals.— Sections  5949,  5950,  and  5959  of  the  General  Laws 
are  hereby  repealed. 

General  Laws,  1917,  ch.  249,  p.  1021. 

Sec.  5951,  as  amended  by  Laws,  1921,  Act  173,  p.  179.  Marking  quan- 
tity;   grade;    variety. — Every    closed    package    of    apples    which    is 


838  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

packed,  sold,  distributed,  offered  or  exposed  for  sale  or  distribution 
in  the  State  by  any  person,  shall  have  affixed  in  a  conspicuous  place 
on  the  outside  thereof  a  plainly  printed  statement  clearly  and  truly 
stating  the  quantity  of  the  contents  and  the  name  and  address  of  the 
packer,  or  of  the  person  by  whose  authority  the  apples  were  packed ; 
*  *  *  Every  package  of  apples  which  is  repacked  shall  bear  the 
name  and  address  of  the  repacker,  or  the  name  and  address  of  the 
person  by  whose  authority  it  is  repacked,  in  place  of  that  of  the 
original  packer.  Such  marks  shall  be  in  block  letters  and  figures  of 
not  less  than  thirty-six  point  gothic.     *     *     * 

Sec.  5952  (1915).  Misbranded  or  adulterated;  not  to  be  sold. — A  per- 
son shall  not  pack,  sell,  distribute,  offer  or  expose  for  sale  or 
distribution,  apples  which  are  adulterated  or  misbranded  within  the 
meaning  of  this  chapter. 

Sec.  5953.  Adulteration  construed. ■ — Apples  packed  in  a  closed  pack- 
age shall  be  deemed  to  be  adulterated  if  their  measure,  quality,  grade 
or  purity  does  not  con  form  in  each  particular  to  the  statement  and 
marks  required  on  such  package. 

Sec.  5954.  Misbranded  construed.— Apples  in  a  closed  package  shall 
be  deemed  to  be  misbranded : 

I.  If  the  package  fails  to  bear  all  statements  and  marks  required 
by  the  third  and  fifth  preceding  sections  [sec.  5951  and  sec.  1,  Act 
173,  Laws,  1921] ;     *     *     * 

Sec.  5957.  Adulterating,  misbranding,  etc. — A  person  who  adulterates 
or  misbrands  apples  within  the  meaning  of  this  chapter,  or  a  person 
who  packs,  sells,  distributes,  offers  or  exposes  for  sale  or  distribution, 
apples  in  violation  of  a  provision  of  this  chapter  shall  be  fined  not 
more  than  ten  dollars  for  the  first  offense  and,  for  each  subsequent 
offense,  not  more  than  twenty-five  dollars. 

General  Laws,  1917,  ch.  251,  p.  1027. 

Sec.  5973,  as  amended  by  Laws,  1921,  Act  174,  p.  181.  Commercial  fer- 
tilizers, net  weight  to  be  shown. — Every  lot  or  parcel  of  commercial 
fertilizer  sold,  offered  or  exposed  for  sale  shall  be  accompanied  by 
a  plainly  printed  statement,,  clearly  and  truly  certifying  the  number 
of  net  pounds  of  fertilizer  in  a  package,  the  name,  brand  or  trade- 
mark under  which  the  fertilizer  is  sold,  the  name  and  address  of  the 
manufacturer  or  importer,     *     *     *. 

Sec.  5982  (al912).  Statement  of  contents;  net  weight. — Every  lot  or 
parcel  of  concentrated  commercial  feeding  stuffs  as  defined  in  this 
chapter,  used  for  feeding  farm  livestock,  sold,  offered  or  exposed 
for  sale,  shall  have  a  plainly  printed  statement  conspicuously  af- 
fixed thereto  clearly  and  truly  certifying  the  number  of  net  pounds 
of  feeding  stuff  in  a  package,  the  name,  brand  or  trade-mark  under 
which  the  article  is  sold,  the  name  and  address  of  the  manufacturer 
or  importer,  *  *  *.  If  the  feeding  stuff  is  sold  in  bulk  at  retail 
or  put  up  in  packages  belonging  to  the  purchasers,  the  agent  or 
dealer  shall,  upon  request  of  the  purchaser  furnish  him  with  the 
certified  statement  named  in  this  section. 

General  laws,  1917,  ch.  252,  p.  1033. 

Sec.  6000  (1908).  Paints  and  compounds,  statements  of  contents  or 
measure. — A  person,  firm  or  corporation  that  manufactures  for  sale, 
sells  or  exposes  for  sale  within  this  State,  white  lead,  paint,  or 


VERMONT  839 

compound  intended  for  use  as  such,  shall  label  the  same  by  a  label 
printed  in  the  English  language  and  in  clear  and  distinct  gothic 
letters,  stating,  with  substantial  accuracy,  the  per  cent  of  white 
lead  *  *  *  the  name  and  residence  of  the  manufacturer  of  the 
paint,  or  of  the  distributor  thereof,  or  of  the  party  for  whom  the 
same  is  manufactured,  the  per  cent  of  solid  and  liquid  material 
used,  and  the  net  measure  of  the  contents  of  the  container  of  all 
liquid  or  mixed  paints,  and  the  net  weight  of  the  contents  of  the 
package  of  all  paste  and  semipaste  paints  sold  by  weight,  or  if  sold 
by  measure,  the  net  measure  of  such  package.     *     *     * 

Laws,  1919,  Act.  No.  162,  p.  175. 

Sec.  1.  Marking  of  weight;  variations;  regulations. — A  dealer  or  his 
employee  who  sells,  offers  or  .exposes  for  sale  food  in  containers  or 
package  form  shall  have  the  correct  net  quantity  of  the  contents 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  or 
container  in  terms  of  weight,  measure  or  numerical  count;  hoAvever, 
reasonable  variations  shall  be  permitted  and  allowance  and  exemp- 
tions as  to  small  packages  shall  be  established  by  rules  and  regula- 
tions made  from  time  to  time  by  the  commissioner  of  weights  and 
measures. 

Sec.  2.  Prosecution;  guaranty. — A  dealer  shall  not  be  prosecuted 
imder  the  provisions  of  this  act  if  he  shows  a  guaranty  signed  by 
the  wholesaler,  jobber,  manufacturer,  dealer  or  other  person,  from 
whom  he  purchased  such  articles,  to  the  effect  that  the  same  are 
correctly  marked  or  labeled  within  the  meaning  of  this  act,  desig- 
nating it.  Such  guaranty,  to  afford  protection,  shall  contain  the 
name  and  address  of  the  person  making  the  sale  of  such  articles  to 
such  dealer.  The  name  appearing  on  the  container  and  the  marking 
as  provided  by  section  1  shall  be  deemed  to  constitute  a  guaranty. 
If  it  shall  appear  that  any  of  the  provisions  of  this  act  have  been 
violated  and  the  party  or  parties  giving  such  guaranty  are  without 
the  State,  no  action  shall  be  brought  but  the  commissioner  of  weights 
and  measures  shall  present  the  facts  to  the  proper  national  authori- 
ties for  their  action. 

Sec.  3.  Meaning  of  terms. — A  package  or  retainer  shall  for  the  pur- 
poses of  this  act  be  exposed  for  sale  when  it  is  kept  or  displayed  at 
a  place  of  business  where  commodities  are  bought  or  sold,  and  the 
word  "  weight "  shall  be  construed  to  mean  net  weight. 

Sec.  4.  Contracts. — If  commodities  are  sold  by  weight,  it  shall  be 
understood  to  mean  the  net  weight  of  all  commodities  so  sold;  and 
all  contracts  concerning  goods  sold  by  weight  shall  be  understood 
and  construed  accordingly. 

Sec.  5.  Penalty. — A  person  who,  himself  or  by  his  servant  or  agent, 
or  as  a  servant  or  agent  of  another  violates  the  provisions  of  this 
act  shall  be  fined  not  more  than  one  hundred  dollars  for  the  first 
offense  and  not  more  than  two  hundred  dollars  for  each  succeeding 
offense. 

Laws,  1921,  Act.  261,  p.  249. 

Sec.  1.  Standard  time. — The  standard  time  within  the  State  of  Ver- 
mont shall  be  based  on  the  mean  astronomical  time  of  the  seventy- 
fifth  degree  of  longitude  west  from  Greenwich,  known  and  desig- 
nated as  "  United  States  standard  eastern  time." 


VIRGINIA 
Laws,  1926,  ch.  121,  p.  115. 

Section  1.  Offices  abolished. — That  the  offices  of  dairy  and  food  com- 
missioner and  deputy  dairy  and  food  commissioner,  including  the 
office  of  superintendent  of  weights  and  measures,  be,  and  they  are, 
hereby  severally  abolished. 

Sec.  2.  Powers  and  duties  transferred. — All  the  powers  conferred  and 
all  the  duties  imposed  by  law  upon  the.  dairy  and  food  commissioner, 
the  deputy  dairy  and  food  commissioner,  and  the  superintendent  of 
weights  and  measures,  shall  hereafter  be  exercised  or  performed  by 
the  commissioner  of  agriculture  and  immigration,  without  additional 
compensation,  under  the  direction  of  the  board  of  agriculture  and 
immigration. 

Sec.  3.  Unexpended  balances  of  appropriations  transferred. — The  un- 
expended balance  of  any  appropriation  made  to  the  dairy  and  food 
division,  or  to  the  dairy  and  food  commissioner,  or  to  the  superin- 
tendent of  weights  and  measures,  is  hereby  transferred  to  the  com- 
missioner of  agriculture  and  immigration,  for  the  purpose  named  in 
the  appropriation,  but  as  far  as  necessary  he  shall  use  the  existing 
force  in  performing  the  additional  duties  imposed  and  exercising 
the  additional  powers  conferred  by  this  act. 

Laws,  1924,  ch.  216,  p.  321,  as  amended  by  Laws,  1926,  ch.  145,  p.  248. 

Section  1.  Standard  weights  and  measures. — The  weights  and  meas- 
ures received  from  the  United  States  under  joint  resolutions  of  Con- 
gress, approved  June  fourteenth,  eighteen  hundred  and  thirty-six, 
and  July  27,  eighteen  hundred  and  sixty-six,  and  such  new  weights 
and  measures  as  shall  be  received  from  the  United  States  as  standard 
weights  and  measures  in  addition  thereto  or  in  renewal  thereof,  and 
such  as  shall  be  supplied  by  the  State  in  conformity  therewith  and 
certified  by  the  National  Bureau  of  Standards  shall  be  the  State 
standards  of  weights  and  measures. 

Sec.  2.  State  superintendent  of  weights  and  measures. — The  dairy  and 
food  commissioner  *  shall  ex  officio  be  State  superintendent  of  weights 
and  measures. 

Sec.  3.  Office  standards;  verification  and  use. — In  addition  to  the 
State  standard  of  weights  and  measures,  provided  for  above,  there 
shall  be  supplied  by  the  State,  at  least  one  complete  set  of  copies 
of  these,  to  be  kept  at  all  times  in  the  office  of  the  State  superin- 
tendent, and  to  be  known  as  office  standards ;  and  such  other  weights, 
measures  and  apparatus  as  may  be  found  necessary  to  carry  out  the 
provisions  of  this  act,  to  be  known  as  working  standards.  Such 
weights,  measures,  and  apparatus  shall  be  verified  by  the  State  super- 
intendent upon  their  initial  receipt  and  at  least  once  in  each  year 
thereafter,  the  office  standards  by  direct  comparison  with  the  State 

1  Now  the  commissioner  of  agriculture  and  immigration.     See  Laws,  1926,  ch.  121,  supra. 
840 


VIRGINIA  841 

standards,  the  working  standards  by  comparison  with  the  office 
standards.  When  found  accurate  upon  these  tests  the  office  and 
working  standards  shall  be  sealed  by  stamping  on  them  the  letter 
"  V  "  and  the  last  two  figures  of  the  year  with  seals  which  the  State 
superintendent  shall  have  and  keep  for  that  purpose.  The  office 
standards  shall  be  used  in  making  all  comparisons  of  weights,  meas- 
ures and  weighing  or  measuring  devices  submitted  for  test  in  the 
office  of  the  superintendent  and  the  State  standards  shall  be  used 
only  in  verifying  the  office  standards  and  for  scientific  purposes. 

Sec.  4.  Custody  and  care  of  standards. — The  superintendent  shall  take 
charge  of  the  standards  adopted  by  this  act  as  standards  of  the 
State,  and  cause  them  to  be  kept  in  a  safe  and  suitable  place  in  the 
city  of  Richmond,  from  which  place  they  shall  not  be  removed 
except  for  repairs  or  for  certification,  and  he  shall  submit  them  to 
at  least  once  in  ten  years  to  the  National  Bureau  of  Standards  for 
certification.  He  shall  keep  a  complete  record  of  the  standards, 
balances,  and  other  apparatus  belonging  to  the  State  and  take  a 
receipt  for  the  same  from  his  successor  in  office.  He  shall  annually, 
on  the  thirty-first  day  of  December,  make  to  the  governor  a  report 
of  all  work  done  by  his  office  during  the  twelve  months  next  preced- 
ing the  first  day  of  October. 

Sec.  5.  Local  sealers,  appointment  of;  term  of  office;  salaries. — The 
board  of  supervisors  of  the  respective  counties,  and  the  councils  or 
other  governing  bodies  of  the  respective  cities,  may  appoint  for  their 
respective  counties  and  cities  a  local  sealer  of  weights  and  meas- 
ures: Provided,  however,  That  two  or  more  counties  may  appoint 
jointly  for  their  respective  counties  and  towns  a  local  sealer,  subject 
to  the  approval  of  the  State  director  of  weights  and  measures :  And 
provided,  further,  That  if  in  any  particular  city  or  county  the  serv- 
ices of  a  full-time  local  sealer  be  not  required,  the  council  or  board 
of  supervisors  of  such  city  or  county  may  appoint  a  part-time  local 
sealer  of  weights  and  measures. 

Local  sealers  appointed  under  this  section  shall  hold  office  for  such 
terms,  and  shall  receive  such  salaries,  as  the  appointing  power  may 
prescribe.  The  salaries  herein  provided  for  shall  be  paid  out  of  the 
county  or  city  treasury,  as  the  case  may  be  and  no  fee  shall  be 
charged  by  the  local  sealer,  or  by  the  county  or  city,  for  inspecting, 
testing  or  sealing,  or  the  repairing  or  adjusting  of  weights,  measures, 
cr  weighing  or  measuring,  devices.  Local  sealers  appointed  under 
this  section  may  be  removed  at  any  time,  by  the  authority  which 
appointed  them,  for  nonfeasance,  misfeasance,  or  malfeasance  in 
office. 

Sec.  6.  County  and  city  standards,  preservation  and  custody. — The 
board  of  supervisors  of  each  county,  and  the  council  or  other  govern- 
ing body  of  each  city,  appointing  a  sealer  under  the  provisions  of 
this  act  shall  procure  at  the  expense  of  the  county  or  city,  and  shall 
keep  at  all  times  a  set  of  weights  and  measures  and  other  apparatus 
as  complete,  and  of  such  materials  and  construction  as  the  State 
superintendent  of  weights  and  measures  may  direct.  All  such 
weights  and  measures,  and  other  apparatus  having  been  tried  and 
accurately  proven  by  the  State  superintendent  shall  be  sealed  and 
certified  to  by  him  as  hereinbefore  provided,  and  shall  be  then  de- 
posited with  and  preserved  by  the  county  or  city  sealer  as  public 
standards  for  each  county  or  city. 


842  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

Sec.  7.  Local  sealers,  powers  and  duties. — When  not  otherwise  pro- 
vided by  law  the  county  or  city  sealer  shall  have  the  power  and  it 
shall  be  his  duty  within  his  county  or  city  to  inspect,  test,  try,  and 
ascertain  if  they  are  correct  all  weights,  measures,  and  weighing  or 
measuring  devices  kept,  offered,  or  exposed  for  sale,  sold,  or  used  or 
employed  within  the  county  or  city  by  any  proprietor,  agent,  lessee, 
or  employee  in  proving  the  size,  quantity,  area,  or  measurement  of 
quantities,  things,  produce,  or  articles  for  distribution  or  consump- 
tion purchased  or  offered  or  submitted  by  such  person  or  persons  for 
sale,  hire,  or  award;  and  he  shall  have  the  power  to  and  shall  from 
time  to  time  weigh  or  measure  and  inspect  packages,  or  amounts  of 
commodities  of  whatsoever  kind  kept  for  the  purpose  of  sale, 
offered  or  exposed  for  sale,  or  sold  or  in  the  process  of  delivery,  in 
order  to  determine  whether  the  same  contain  the  amounts  repre- 
sented, and  whether  they  be  kept,  offered,  or  exposed  for  sale  or  sold 
in  a  manner  in  accordance  with  law;  he  shall  at  least  twice  each  year 
t'nd  as  much  oftener  as  he  may  deem  necessary  see  that  all  weights, 
measures,  and  weighing  or  measuring  devices  used  in  the  county  or 
city  are  correct.  He  may  for  the  purpose  above  mentioned,  and  in 
the  general  performance  of  his  official  duties,  enter  and  go  into  or 
upon,  and  without  formal  warrant,  any  stand,  place,  building,  or 
premises,  or  stop  any  vendor,  peddler,  junk  dealer,  coal  wagon,  ice 
wagon,  delivery  wagon,  or  any  person  whomsoever,  and  require  him, 
if  necessary,  to  proceed  to  some  place  which  the  sealer  may  specify, 
for  the  purpose  of  making  the  proper  tests.  Whenever  the  county 
or  city  sealer  finds  a  violation  of  the  statutes  relating  to  weights  and 
measures,  he  shall  cause  the  violator  to  be  prosecuted. 

Sec.  8.  Testing  and  sealing  weights  and  measures. — Whenever  the 
county  or  city  sealer  compares  weights,  measures  or  weighing  or 
measuring  devices  and  finds  that  they  correspond  or  causes  them  to 
correspond  with  the  standards  in  his  possession,  he  shall  seal  or 
mark  such  weights,  measures,  or  weighing  or  measuring  devices 
with  appropriate  devices  to  be  approved  by  the  State  superintendent 
of  weights  and  measures. 

Sec.  9.  Incorrect  weights  and  measures  may  be  condemned  or  confis- 
cated, when. — The  county  or  city  sealer  shall  condemn  and  seize  and 
may  destroy  incorrect  weights,  measures,  or  weighing  or  measuring 
devices  which,  in  his  best  judgment,  are  not  susceptible  of  satisfac- 
tory repair,  but  such  as  are  incorrect  and,  yet,  in  his  best  judgment 
may  be  repaired,  he  shall  mark  or  tag  as  "  condemned  for  repairs  " 
in  a  manner  prescribed  by  the  State  superintendent  of  weights  and 
measures.  The  owners  or  users  of  any  weights,  measures,  or  weigh- 
ing or  measuring  devices  of  which  such  disposition  is  made  shall 
have  the  same  repaired  and  corrected  within  ten  days,  and  they  may 
neither  use  nor  dispose  of  the  same  in  any  way,  but  shall  hold  the 
same  at  the  disposal  of  the  sealer.  Any  weights,  measures,  or  weigh- 
ing or  measuring  devices  which  have  been  "  condemned  for  repairs," 
and  have  not  been  repaired  as  required  above,  shall  be  confiscated  by 
the  sealer. 

Sec.  10.  Annual  report;  record  of  official  acts.— The  county  or  city 
sealer  shall  keep  a  complete  record  of  all  of  his  official  acts,  and  shall 
make  an  annual  report  to  the  authority  which  appointed  him,  and  an 
annual  report  duly  sworn  to,  on  the  first  day  of  October,  to  the  State 


VIRGINIA  843 

superintendent  of  weights  and  measures,  on  blanks  furnished  by  the 
latter,  and  also,  any  special  reports  that  the  latter  may  request. 

Sec.  11.  False  weights  and  measures,  use  of  as  evidence;  police 
powers. — The  superintendent  of  weights  and  measures  and  the  county 
and  city  sealers  are  hereby  authorized  and  empowered  to  seize  for 
use  as  evidence,  without  formal  warrant,  any  false  or  unsealed 
weight,  measure  or  weighing  or  measuring  device  or  package  or 
amount  of  commodity  found  to  be  used,  retained  or  offered  or  ex- 
posed for  sale  or  sold  in  violation  of  law. 

That  there  is  hereby  conferred  upon  the  superintendent,  his  assist- 
ants and  inspectors,  police  power  for  the  purpose  of  carrying  out  the 
provisions  of  this  act  only,  and  in  the  exercise  of  their  duties  they 
shall  upon  demand,  exhibit  their  badges  to  any  person  questioning 
their  authority,  and  they  are  authorized  and  empowered  to  make 
arrests  of  any  person  violating  any  provisions  of  this  act. 

Sec.  12.  Hindering  or  obstructing  official;  penalty. — Any  person  who 
shall  hinder  or  obstruct  in  any  way  the  superintendent  of  weights 
and  measures,  or  any  county  or  city  sealer  in  the  performance  of  his 
official  duties  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  twenty,  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  in  jail  for  not  more 
than  three  months,  or  by  both  such  fine  and  imprisonment. 

Sec.  13.  Impersonating;  penalty. — Any  person  who  shall  impersonate 
in  any  way  the  superintendent  of  weights  and  measures,  or  any 
county  or  city  sealer,  by  the  use  of  his  seal  or  counterfeit  of  his  seal, 
or  otherwise,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  hundred  dollars,  or  by  imprisonment  for  not  more 
than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  14.  Manner  of  sale  of  commodities;  terms  defined. — It  shall  be 
unlawful  to  sell,  except  for  immediate  consumption  on  the  premises, 
liquid  commodities  in  any  other  manner  than  by  weight  or  liquid 
measure,  or  commodities  not  liquid  in  any  other  manner  than  by 
measure  of  length,  by  weight,  or  by  numerical  count,  unless  other- 
wise agreed  in  writing  by  the  mutual  consent  of  the  buyer  and  seller : 
Provided,  however,  That  nothing  in  this  section  shall  be  construed  to 
prevent  the  sale  of  fruits,  vegetables,  and  other  dry  commodities  in 
the  standard  barrel  provided  for  in  section  twenty-four ;  or  of  berries 
and  small  fruits  in  boxes  as  provided  for  in  section  twenty-five;  or 
of  vegetables  or  fruits  usually  sold  by  the  head  or  bunch  in  this  man- 
ner: Provided  further,  That  nothing  in  this  section  shall  be  con- 
strued to  apply  to  foodstuffs  put  up  in  original  packages. 

For  the  purpose  of  this  section  the  term  "  original  package  "  shall 
be  construed  to  include  a  commodity  in  a  package,  carton,  case,  can, 
barrel,  bottle,  box,  phial  or  other  receptacle,  or  in  coverings  or  wrap- 
pings of  any  kind,  put  up  by  the  manufacturer,  which  may  be 
labeled,  branded,  or  stenciled,  or  otherwise  marked,  or  which  may  be 
suitable  for  labeling,  branding,  or  stenciling,  or  marking,  otherwise, 
making  one  complete  package  of  the  commodity.  The  words  "  origi- 
nal package  "  shall  be  construed  to#include  both  the  wholesale  and 
the  retail  package. 

For  the  purpose  of  this  section  the  term  "  commodities  not  liquid  " 
shall  be  construed  to  include  goods,  wares  and  merchandise,  which 
are  not  in  liquid  form  and  which  have  heretofore  been  sold  by  meas- 


844 


LAWS  CONCERNING  WEIGHTS  AND   MEASURES 


ure  of  length,  by  weight,  by  measures  of  capacity,  or  by  numerical 
count,  or  which  are  susceptible  of  sale  in  any  of  these  ways. 

Sec.  15.  Cord;  weight  per  bushel  of  products. — A  cord  contains  one 
hundred  and  twenty-eight  cubic  feet,  being  eight  feet  long,  four  feet 
high,  and  four  feet  wide,  or  the  equivalent  thereof ;  and  in  all  meas- 
urements of  wood,  tan  bark  or  other  things  subject  to  such  measure- 
ments the  foregoing  shall  be  the  true  and  legal  standard,  any  usage, 
by  law  or  ordinance  of  any  corporation,  railroad  or  other  company  to 
the  contrary,  notwithstanding.  And  in  all  sales  by  weights  of  the 
agricultural  products  hereinafter  named,  the  number  of  pounds  per 
bushel  as  stated  in  the  following  schedule  shall  be  the  true  and  legal 
standard : 2 

Pounds 

Alfalfa  seed 60 

Barley 48 

Navy  and  soj  a  beans 60 

Blue  grass  seed 14 

Bran 20 

Buckwheat 48 

Carrots 50 

Castor  beans 46 

Chestnuts 57 

Clover  seed 60 

Coal  (anthracite) 80 

Corn  (in  ear) 70 

Corn  (shelled) 56 

Corn  meal 48 

Dried  apples 28 

Dried  peaches  (peeled) 40 

Dried  peaches  (unpeeled) 32 

Flaxseed 56 

Hemp  seed 44 

Hungarian  grass  seed 48 

Lime  (unslaked) 80 

Sec.  16.  Barrel  of  flour;  weights  to  be  marked;  penalty. — Every  barrel 
of  flour  put  up  or  manufactured  in  this  State,  shall  contain  not  less 
than  one  hundred  and  ninety-six  pounds  of  flour,  and  every  barrel 
of  flour  put  up  or  manufactured  in  this  State,  and  every  barrel 
shipped  into  the  State,  shall  have  the  number  of  pounds  contained 
therein  plainly  stamped  on  one  head.  If  any  person  or  firm  doing 
business  in  this  State  willfully  or  knowingly  sell  or  causes  to  be  sold 
flour  in  barrels  or  packages  not  so  correctly  stamped,  showing  the 
correct  number  of  pounds  contained  in  such  barrels  or  packages,  he 
or  they  shall  be  fined  twenty-five  dollars ;  and  the  sale  of  every  such 
barrel  or  package  shall  constitute  a  separate  offense. 

Sec.  17.  Banks  to  have  weights  tested. — Once  in  every  five  years  the 
directors  of  each  bank  shall  have  the  weights  used  in  such  bank 
tried,  proved  and  sealed,  either  by  the  superintendent  or  a  sealer 
of  weights  and  measures.  No  tender  by  any  bank  in  the  State,  of 
gold  weighed  with  weights  not  so  sealed,  shall  be  legal.  The  payer 
to,  or  receiver  from,  any  bank,  of  gold,  may  require  that  it  shall  be 
weighed  in  each  scale  and  the  mean  weight  resulting  therefrom  shall 
be  deemed  the  true  weight. 

Sec.  18.  Coal,  weighing  upon  request. — When  a  dealer  or  dealers  in 
coal  in  cities  or  towns  in  this  State,  where  public  scales  are  kept, 
may  be  requested  by  a  person  or  persons  buying  as  much  as  five 


Pounds 

Malt 38 

Millet  seed 50 

Oats 32 

Onions 57 

Orchard  grass  seed 14 

Parsnips 50 

Virginia  peanuts 22 

Spanish  peanuts 30 

Peas  (black  eye  and  other  cowpeas)  60 

Potatoes  (Irish) 60 

Potatoes  (sweet) 56 

Plastering  hair 8 

Redtop  grass  seed 40 

Rye 56 

Salt 50 

Timothy  seed 45 

Tomatoes 60 

Turnips 55 

Wheat 60 

Cottonseed 30 


2  A  slight  change  bas  been  made  in  the  arrangement  for  convenience  of  reference. 


vibginia  845 

hundred  pounds  of  coal  at  any  one  time  to  weigh  such  coal  upon  the 
public  scales,  said  dealer  or  dealers  shall  do  so  upon  such  request, 
the  person  or  persons  buying  the  coal  to  pay  the  fee  for  weighing 
same,  if  such  shall  be  of  proper  weight,  otherwise  such  fee  shall  be 
paid  by  said  dealer.  Any  dealer  refusing  to  weigh  or  have  weighed 
such  coal  as  required  in  this  section,  or  to  pay  such  fee  for  weighing 
the  same  as  herein  required,  shall  be  fined  the  sum  of  five  dollars  for 
each  offense. 

Sec.  19.  Coal,  coke,  and  charcoal  sold  by  weight;  conditions  of  sale. — 
It  shall  be  unlawful  to  sell  or  offer  to  sell  any  coal,  coke  or  charcoal 
in  any  other  manner  than  by  weight.  No  coal,  charcoal  or  coke 
shall  be  sold  at  retail  which  contains  at  the  time  the  weight  is  taken, 
more  water  or  other  liquid  substance  than  is  due  to  natural  condi- 
tions, weather  conditions  or  causes  incident  to  the  mining,  cleaning 
or  handling  of  the  coal,  charcoal  or  coke,  except  by  and  with  the  con- 
sent of  the  purchaser. 

It  shall  be  unlawful  for  any  person  to  deliver  any  coal,  coke,  or 
charcoal  without  such  delivery  being  accompanied  by  a  delivery 
ticket  and  a  duplicate  thereof,  on  each  of  which  shall  be  in  ink  or 
other  indelible  substance,  distinctly  expressed  in  pounds,  the  gross 
weight  of  the  load,  the  tare  of  the  delivery  vehicle,  and  the  quantity 
or  quantities  of  coal,  coke  or  charcoal  contained  in  the  vehicle  used 
in  such  deliveries,  with  the  name  of  the  purchaser  thereof,  and  the 
name  of  the  dealer  from  whom  purchased.  One  of  these  tickets  shall 
be  surrendered  to  the  sealer  of  weights  and  measures  upon  his  de- 
mand for  his  inspection,  and  this  ticket  or  weight  slip  issued  by 
him  when  he  desires  to  retain  the  original  shall  be  delivered  to  the 
said  purchaser  of  said  coal,  coke  or  charcoal,  or  his  agent  or  repre- 
sentative at  the  time  of  the  delivery  of  the  fuel ;  and  the  other  ticket 
shall  be  retained  by  the  seller  of  the  fuel.  When  the  buyer  carries 
away  the  purchase,  a  delivery  ticket  showing  the  actual  number  of 
pounds  delivered  to  him  must  be  given  to  him  at  the  time  the  sale 
is  made. 

Sec.  20.  Sale  of  commodities  in  package  form;  terms  defined. — It  shall 
be  unlawful  to  keep  for  the  purpose  of  sale,  offer  or  expose  for  sale, 
or  sell  any  commodity  in  package  form  unless  the  net  quantity  of 
the  contents  be  plainly  and  conspicuously  marked  on  the  outside  of 
the  package ;  in  terms  of  weight,  measure  or  numerical  count :  Pro- 
vided, however,  That  reasonable  variations  or  tolerances  shall  be 
permitted,  and  that  these  reasonable  variations  or  tolerances,  and 
also  exemptions  as  to  small  packages  shall  be  established  by  rules 
and  regulations  made  by  the  superintendent  of  weights  and"  meas- 
ures :  And  provided  further,  That  this  section  shall  not  be  construed 
to  apply  to  those  commodities  in  package  form  the  manner  of  sale 
of  which  is  specifically  regulated  by  the  provisions  of  other  sections 
of  this  act. 

The  words  "  in  package  form  "  as  used  in  this  section  shall  be 
construed  to  include  a  commodity  in  a  package,  carton,  case,  can, 
box,  barrel,  bottle,  phial,  or  other  receptacle,  or  in  coverings  or  wrap- 
pings of  any  kind  put  up  by  the  manufacturer,  or  when  put  up  prior 
to  the  order  of  the  commodity,  by  the  vendor,  which  may  be  labeled, 
branded,  or  stenciled,  or  otherwise  marked,  or  which  may  be  suitable 
for  labeling,  branding  or  stenciling,  or  marking  otherwise,  making 


846  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

one  complete  package  of  the  commodity.  The  word  "  package " 
shall  be  construed  to  include  both  the  wholesale  and  retail  package. 

Sec.  21.  Net  weight  or  amount  of  textile  material  to  be  marked. — It 
shall  be  unlawful  to  keep  for  the  purpose  of  sale,  offer  or  expose  for 
sale,  or  sell  any  commodity  composed  in  whole  or  in  part  of  cotton, 
wool,  linen,  or  silk,  or  any  other  textile  material  on  a  spool  or  similar 
holder,  or  in  a  container  or  band,  or  in  a  bolt  or  roll,  or  in  a  ball, 
coil  or  skein,  or  in  any  similar  manner,  unless  the  net  amount  of  the 
commodity  in  terms  of  weight  or  measure  shall  be  definitely,  plainly, 
and  conspicuously  marked  on  the  principal  label,  if  there  be  such  a 
label;  otherwise  on  a  wrapper,  band,  or  tag  attached  thereto.  The 
words  "  spool  or  similar  holder,  container,  or  band,  bolt  or  roll,  or 
ball,  coil,  or  skein,"  shall  be  construed  to  include  the  spool  or  similar 
holder,  container  or  band,  bolt,  or  roll,  or  ball,  coil,  or  skein  put  up 
by  the  manufacturer ;  or,  when  put  up  prior  to  the  order  of  the  com- 
modity, by  the  vendor.  It  shall  be  held  to  include  both  the  wholesale 
and  the  retail  package. 

Sec.  22.  Ice  to  be  sold  by  weight;  conditions  of  sale. — It  shall  be 
unlawful  for  any  person,  firm  or  corporation  to  sell  ice  in  this  Com- 
monwealth in  any  other  manner  than  by  weight.  All  ice  shall  be 
correctly  weighed  by  the  seller  at  the  time  of  delivery  to  the  pur- 
chaser. All  agents  or  employees  of  any  person,  firm  or  corporation 
engaged  in  the  sale  and  delivery  of  ice  shall  be  provided  with  suit- 
able and  correct  weighing  devices  to  be  used  for  the  purpose  of 
correctly  weighing  each  piece  of  ice  delivered,  and  it  shall  be  unlaw- 
ful for  any  such  agent  or  employee  to  report  or  make  a  charge  for 
any  quantity  of  ice  in  excess  of  the  quantity,  in  pounds,  or  fraction 
thereof,  actually  delivered  according  to  the  correct  weight  thereof. 
It  shall  be  unlawful  for  any  person,  firm,  or  corporation  delivering 
ice  to  refuse,  on  demand,  to  allow  the  purchaser  to  witness  the 
weighing  of  the  same  at  the  time  of  delivery,  or  to  refuse,  on  demand, 
to  furnish  the  purchaser  with  a  weight  slip  at  the  time  of  delivery 
containing  the  name  of  the  person,  firm  or  corporation  selling  the 
ice,  the  number  of  pounds  sold,  and  signed  by  the  agent  or  employee 
of  such  person,  firm  or  corporation. 

Sec.  23.  Bottles  for  milk  and  cream;  capacities  and  markings;  penalty 
for  violation;  not  required  to  be  sealed. — Bottles  used  for  the  sale  of 
milk  or  cream  shall  be  of  the  capacity  of  one-half  gallon,  three 
pints,  one  quart,  one  pint,  one-half  pint,  and  one  gill.  Bottles  or 
jars  used  for  the  sale  of  milk  or  cream  shall  have  clearly  blown  or 
otherwise  permanently  marked  in  the  side  of  the  bottle  the  capacity 
of  the  bottle  and  the  word  "  sealed,"  and  in  the  side  or  bottom  of 
the  bottle  the  name,  initials,  or  trademark  of  the  manufacturer,  and 
a  designating  number,  which  designation  shall  be  different  for  each 
manufacturer  and  may  be  used  in  identifying  the  bottles.  The 
designating  number  shall  be  furnished  by  the  State  superintendent 
of  weights  and  measures  upon  application  by  the  manufacturer,  and 
upon  the  filing  by  the  manufacturer  of  a  bond  in  the  sum  of  one 
thousand  dollars,  with  sureties,  to  be  approved  by  the  attorney 
general,  conditioned  upon  their  conformance  with  the  requirements 
of  this  section.  A  record  of  the  bonds  furnished  and  the  designating 
numbers  and  to  whom  furnished  shall  be  kept  in  the  office  of  the 
superintendent  of  weights  and  measures. 


VIRGINIA  847 

Any  manufacturer  who  sells  or  offers  to  sell  milk  or  cream  bottles 
to  be  used  in  the  State  that  do  not  comply  as  to  size  and  markings 
with  the  provisions  of  this  section  shall  suffer  a  penalty  of  five  hun- 
dred dollars,  to  be  recovered  by  the  attorney  general  in  an  action 
against  the  offender's  bondsmen,  to  be  brought  in  the  name  of  the 
Commonwealth.  Any  dealer  who  uses,  for  the  purpose  of  selling 
milk  or  cream,  jars,  or  bottles  purchased  after  this  law  takes  effect 
that  do  not  comply  with  the  requirements  of  this  section  as  to  mark- 
ings and  capacity,  shall  be  deemed  guilty  of  using  a  false  or  insuffi- 
cient measure. 

Sealers  of  weights  and  measures  are  not  required  to  seal  bottles  or. 
jars  for  milk  or  cream  marked  as  in  this  section  provided,  but  they 
shall  have  the  power  to,  and  shall  from  time  to  time,  make  tests  on 
individual  bottles  used  by  the  various  firms  in  the  territory  over 
which  they  have  jurisdiction,  in  order  to  ascertain  if  the  above  pro- 
visions are  being  complied  with,  and  they  shall  immediately  report 
violations  found  to  the  State  superintendent  of  weights  and 
measures. 

Sec.  24.  Standard  barrel  for  fruits  and  vegetables ;  standard  cranberry 
barrel;  penalty. — The  standard  barrel 3  for  fruits,  vegetables,  and  other 
dry  commodities  other  than  apples  and  cranberries,  shall  be  of  the 
following  dimensions  when  measured  without  distention  of  its  parts : 
Length  of  staves,  twenty-eight  and  one-half  inches;  diameter  of 
heads,  seventeen  and  one-eighth  inches;  distance  between  heads, 
twenty-six  inches ;  circumference  of  bulge,  sixty-four  inches,  outside 
measurement;  and  the  thickness  of  staves  not  greater  than  four- 
tenths  of  an  inch :  Provided,  That  any  barrel  of  a  different  form, 
having  a  capacity  of  seven  thousand  and  fifty-six  cubic  inches,  shall 
be  a  standard  barrel.  The  standard  barrel  for  cranberries  shall  be 
of  the  following  dimensions  when  measured  without  distention  of  its 
parts :  Length  of  staves,  twenty-eight  and  one-half  inches ;  diameter 
of  heads,  sixteen  and  one-fourth  inches;  distance  between  heads, 
twenty-five  and  one-fourth  inches;  circumference  of  bulge,  fifty- 
eight  and  one-half  inches,  outside  measurements;  and  the  thickness 
of  staves  not  gerater  than  four-tenths  of  an  inch. 

It  shall  be  unlawful  for  any  person  to  offer  or  expose  for  sale,  sell, 
or  ship  any  other  barrels  for  fruits,  vegetables,  or  other  dry  com- 
modities, or  to  offer  or  expose  for  sale,  sell,  or  ship  any  fruits,  vege- 
tables  or  other  dry  commodities  in  other  barrels  than  the  standard 
barrels  as  defined  in  this  section,  or  subdivisions  thereof  known  as 
the  third,  half,  or  three-quarters  barrel:  Provided,  however,  That 
nothing  in  this  section  shall  apply  to  barrels  used  in  packing  or 
shipping  apples  and  commodities  sold  exclusively  by  weight  or  nu- 
merical count :  And  provided  further,  That  no  barrel  shall  be  deemed 
below  standard  within  the  meaning  of  this  section  when  shipped  to 
any  foreign  country  and  constructed  according  to  the  specifications 
or  directions  of  the  foreign  purchaser  if  not  constructed  in  conflict 
with  the  laws  of  the  foreign  country  to  which  the  same  is  intended  to 
be  shipped. 

Sec.  25.  Sale  of  berries  and  small  fruits;  size  of  baskets  or  containers. — 
It  shall  be  unlawful  to  sell  or  offer  to  sell  any  berries  or  small  fruits 

8  See  note,  p.  20,  relative  to  the  Federal  standard  barrel. 
517—27 54 


848  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

in  any  other  manner  than  by  weight,  or  in  the  containers  described 
in  this  section.  It  shall  be  unlawful  to  procure  or  keep  for  the  pur- 
pose of  sale,  offer  or  expose  for  sale,  sell,  or  give  away  baskets  or 
other  open  containers  for  berries  or  small  fruits,  holding  one  quart 
or  less,  or  to  procure  or  keep  for  the  purpose  of  sale,  offer  or  expose 
for  sale,  or  sell  berries  or  small  fruits  and  baskets  or  other  open 
containers,  holding  one  quart  or  less,  of  any  other  than  the  following 
capacities  when  level  full:  One  quart,  one  pint,  or  one-half  pint, 
standard  dry  measure. 

Sec.  26.  Commodities  to  be  sold  by  net  weight. — Whenever  any  com- 
modity is  sold  on  a  basis  of  weight,  it  shall  be  unlawful  to  employ 
any  other  weight  in  such  sale  than  the  net  weight  of  the  commodity 
and  all  contracts  concerning  goods  sold  on  a  basis  of  weight  shall  be 
understood  and  construed  accordingly.  Whenever  the  weight  of  a 
commodity  is  mentioned  in  this  act,  it  shall  be  understood  and  con- 
strued to  mean  the  net  weight  of  the  commodity  at  the  time  of  de- 
livery to  the  customer. 

Sec.  27.  Using  false  or  unsealed  weights  or  measures,  or  selling  con- 
trary to  law ;  penalty. — Any  person  who,  by  himself  or  by  his  servant 
or  agent,  or  as  the  servant  or  agent  of  another  person,  shall  offer  or 
expose  for  sale,  sell,  use  in  the  buying  or  selling  of  any  commodity  or 
thing  or  for  hire  or  award,  or  retain  in  his  possession  a  false  weight 
or  measure  or  weighing  or  measuring  device,  which  has  not  been 
sealed  by  the  State  superintendent  or  by  a  sealer  or  deputy  sealer  of 
weights  and  measures  within  one  year,  or  shall  dispose  of  any  con- 
demned weight,  measure,  or  weighing  or  measuring  device  contrary 
to  law,  or  remove  any  tag  placed  thereon  by  the  State  superintendent 
or  by  a  sealer  of  weights  and  measures ;  or  who  shall  sell  or  offer  or 
expose  for  sale  less  than  the  quantity  he  represents,  or  shall  take  or 
attempt  to  take  more  than  the  quantity  he  represents,  when,  as  the 
buyer,  he  furnishes  the  weight,  measure,  or  weighing  or  measuring 
device  by  means  of  which  the  amount  of  commodity  is  determined; 
or  who  shall  keep  for  the  purchase  [purpose]  of  sale,  offer  or  expose 
for  sale,  or  sell  any  commodity  in  a  manner  contrary  to  law ;  or  who 
shall  violate  any  provisions  of  this  act  for  which  a  specific  penalty 
has  not  been  provided;  or  who  shall  sell  or  offer  for  sale,  or  use  or 
have  in  his  possession  for  the  purpose  of  selling  or  using  any  device 
or  instrument  to  be  used  to  or  calculated  to  falsify  any  weight  or 
measure  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  twenty  or  more  than  two  hundred  dollars,  or  by 
imprisonment  for  not  more  than  three  months,  or  by  both  such  fine 
and  imprisonment  upon  a  first  conviction,  and  upon  a  second  or 
subsequent  conviction  he  shall  be  punished  by  a  fine  of  not  less  than 
fifty  or  more  than  five  hundred  dollars,  or  by  imprisonment  in  jail 
for  not  more  than  one  year  or  by  both  such  fine  and  imprisonment. 

Sec.  28.  Definition  of  terms. — The  word  "  person  "  as  used  in  this  act 
shall  be  construed  to  import  both  the  plural  and  singular,  as  the  case 
demands,  and  shall  include  corporations,  companies,  partnerships, 
firms,  societies,  and  associations. 

The  words  "  weights,  measures,  or  (and)  weighing  or  (and) 
measuring  devices,"  as  used  in  this  act,  shall  be  construed  to  include 
all  weights,  scales,  beams,  measures  of  every  kind,  instruments  and 
mechanical  devices  for  weighing  or  measuring,  and  any  appliances 
and  accessories  connected  with  any  or  all  such  instruments. 


VIRGINIA  849 

The  words  "  sell  "  or  "  sale  "  as  used  in  this  act,  shall  be  construed 
to  include  barter  and  exchange. 

Sec.  29.  Repeal. — Sections  fourteen  hundred  and  sixty-four  to  four- 
teen hundred  and  seventy,  both  inclusive,  and  sections  fourteen  hun- 
dred and  seventy-two  to  fourteen  hundred  and  eighty-five,  both 
inclusive,  of  the  Code  of  Virginia,  are  hereby  repealed. 

Sec.  30.  Further  powers  and  duties  of  commissioner  of  agriculture  and 
immigration;  appointment  of  employees  as  sealers  of  weights  and  meas- 
ures.— The  commissioner  of  agriculture  and  immigration,  as  ex  officio 
superintendent  of  weights  and  measures,  shall,  in  addition  to  the 
powers  hereinbefore  conferred  upon  him,  have,  throughout  the  Com- 
monwealth, all  the  powers  and  authority  of  a  sealer  of  weights  and 
measures.  Furthermore,  it  shall  be  the  duty  of  the  commissioner  of 
agriculture  and  immigration  to  appoint,  as  inspectors  of  weights 
and  measures,  such  of  the  employees  of  his  office  as  he  may  deem 
necessary  for  the  better  and  more  efficient  enforcement  of  this  act, 
and  such  employees,  when  so  designated  by  the  commissioner  of  agri- 
culture and  immigration,  shall  throughout  the  limits  of  the  Common- 
wealth, have  all  the  powers  and  authority  conferred  upon  a  sealer 
of  weights  and  measures  by  this  act,  and  the  State  superintendent 
and  sealers  of  weights  and  measures  shall  be  guided  in  the  per- 
formance of  their  duties  by  the  Department  of  Commerce,  Bureau 
of  Standards,  manual  of  inspection  and  information  for  weights 
and  measure  officials. 

Code,  1919,  Vol.  1,  ch.  62,  p.  542. 

Sec.  1471,  as  amended  by  laws,  1920,  ch.  171,  p.  244.  "Weight  of  barrel 
of  apples ;  size  of  apple  barrels ;  stamping  "  short  barrels  " ;  penalty. — 
When  apples  are  bought  or  sold  by  weight  in  this  State,  the  quantity 
constituting  a  bushel  shall  be  forty-five  pounds,  and  the  quantity 
constituting  a  barrel  shall  be  one  hundred  and  thirty-five  pounds.  A 
barrel 4  for  use  in  packing,  selling,  or  shipping  apples  shall  be  of 
the  following  dimensions:  Head  diameter,  seventeen  and  one-eighth 
inches;  length  of  stave,  twenty-seven  and  one-half  inches;  bulge, 
not  less  than  sixty-four  inches,  outside  measurement.  Every  person 
buying  or  selling  apples  in  this  State  by  the  barrel  shall  be  under- 
stood as  referring  to  the  quantity  or  size  of  the  barrel  herein  speci- 
fied. No  person  in  this  State  shall  hereafter  use  or  cause  to  be 
used,  or  have  in  his  possession,  barrels,  for  the  sale  of  apples,  of 
a  size  less  than  the  size  specified  in  this  section,  unless  each  of 
the  same  is  plainly  stamped  on  the  outside  thereof,  and  on  each 
head  with  the  words  "  short  barrel  "  in  letters  not  less  than  two 
inches  in  height.     *     *     * 

2.  Any  person,  firm  or  corporation  violating  any  provision  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  for  such  offense 
shall  be  fined  not  exceeding  fifty  dollars  for  the  first  offense,  and 
for  each  subsequent  offense  not  exceeding  one  hundred  dollars; 
and  such  fines  less  legal  cost  and  charges,  shall  be  paid  into  the 
treasury  of  the  State. 

It  shall  be  the  duty  of  the  dairy  and  food  commissioner  to  enforce 
the  provisions  of  this  section  and  he  shall  make  an  annual  report 
to  the  governor  on  or  before  the  thirty-first  day  of  January  of 

*  See  footnote,  p.  20,  relative  to  the  Federal  standard  barret 


850  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

each  year,  giving  a  detailed  account  of  fees  collected  and  money 
disbursed  by  him  under  the  provisions  of  this  section. 

Code,  1919,  Vol.  1,  ch.  53,  p.  480. 

Sec.  1260,  as  amended  by  Laws,  1918,  ch.  406',  p.  672.  Power  of  the  com- 
missioner of  agriculture  and  immigration,  to  investigate. — *  *  *  The 
commissioner  of  agriculture  and  immigration  is  hereby  authorized, 
in  his  discretion,  to  designate  one  or  more  fit  and  proper  persons, 
in  any  city  or  county  in  this  State,  who  shall  be  known  as  "official 
weighers  of  agricultural  produce."  Upon  the  request  of  any  con- 
signor of  farm  produce,  which  is  sold  by  weight,  the  commissioner 
shall  require  an  official  weigher  of  the  city  or  county  to  which  the 
said  produce  is  shipped,  to  supervise  the  weighing  of  the  said 
produce.  The  said  weigher  shall  thereupon  prepare,  in  triplicate, 
upon  forms  furnished  by  the  commissioner,  a  certificate  of  the  actual 
weight  of  such  produce,  one  copy  of  the  said  certificate  to  be  left 
with  the  consignee,  one  copy  mailed  by  the  commissioner  to  the  con- 
signor and  the  third  copy  to  be  kept  on  file  by  the  commissioner. 
In  all  questions  arising  under  the  provisions  of  this  act,  the  certifi- 
cate of  the  weigher,  when  duly  sworn  to,  shall  be  prima  facie  evi- 
dence of  the  fact  or  facts  therein  certified.  The  commissioner  is 
hereby  authorized,  by  and  with  the  consent  of  the  board  of  agri- 
culture and  immigration,  to  adopt  rules  and  regulations  necessary 
to  carry  out  the  foregoing  provisions  and  to  fix  the  compensation 
of  the  said  official  weighers,  and  for  their  services  in  weighing  and 
certifying  the  weights  of  agricultural  produce,  as  herein  above  pro- 
vided, the  said  weighers  shall  be  paid  such  sum  as  may  be  fixed  by 
the  said  commissioner,  said  compensation  to  be  paid  from  such 
appropriation  as  may  be  made  for  the  purpose  of  carrying  out  the 
provisions  of  this  act.     *     *     * 

Code,  1919,  Vol.  1,  ch.  121,  p.  1163. 

Sec.  3033  (1908).  Powers  of  councils  of  cities  or  towns  as  to  weights 
and  measures. — The  council  of  any  city  or  town  shall  have  power  to 
provide  for  the  weighing  or  measuring  of  hay,  coal  or  any  other 
article  for  sale,     *     *     *. 

Code,  1919,  Vol.  1,  ch.  51,  p.  438. 

Sec.  1182  (al916).  Food  packages,  quantity  of  contents  to  be  marked.— 
The  term  "  misbranded  "  as  used  in  this  chapter  shall  apply  to  all 
articles  of  food,  or  articles  which  enter  into  the  composition  of  food, 
the  package  or  label  of  which  shall  bear  any  statement,  design  or 
device  regarding  such  article,  or  the  ingredients  or  substance  con- 
tained therein,  which  shall  be  false  or  misleading  in  any  particular, 
and  to  any  food  product  which  is  falsely  branded  as  to  the  State, 
Territory,  or  country  in  which  it  is  manufactured  or  produced. 

An  article  shall  also  be  deemed  misbranded : 

Third.  If  in  package  form,  and  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package  in 
terms  of  weight,  measure  or  numerical  count:  Provided,  hoioever, 
That  such  reasonable  variations  shall  be  permitted,  and  tolerances 
and  also  exemptions  as  to  small  packages  as  shall  be  or  are  estab- 
lished by  rules  and  regulations  made  in  accordance  with  the  pro- 
visions of  section  eleven  hundred  and  eighty-five. 


VIRGINIA  851 

Laws,  1920,  ch.  388,  p.  576. 

Sec.  3.  Weights  and  labels. — All  bread  stored,  sold,  offered  or  ex- 
posed for  sale  by  the  loaf  shall  have  conspicuously  affixed  thereon 
a  label  on  which  shall  be  printed  in  the  English  language  in  letters 
and  figures  not  smaller  than  one-fourth  inch  in  height,  the  net  weight 
of  the  loaf,  when  baked.  The  number  and  address  of  the  baker  or 
manufacturer  of  the  loaf  shall  also  be  shown  on  the  same  label. 

The  dairy  and  food  commissioner,  with  the  approval  of  the  board 
of  agriculture  and  immigration,  shall  adopt  and  establish  such 
reasonable  tolerances  or  variations  within  which  the  weights  of 
loaves  shall  be  kept:  Provided,  however,  That  such  tolerances  and 
variations  shall  not  exceed  one  ounce  per  loaf  on  loaves  weighing 
less  than  one  pound  or  two  ounces  on  loaves  weighing  more  than 
two  pounds  twelve  hours  after  baking. 

Sec.  4. — The  dairy  and  food  commissioner  is  hereby  charged  with 
the  enforcement  of  the  provisions  of  this  act. 

Sec.  5.  Penalty. — Any  person,  firm  or  corporation  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  subject  to  a  fine  of  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars,  and  each  day's 
continuance  of  any  practice,  act  or  condition  prohibited  herein  shall 
constitute  a  separate  offense  within  the  meaning  of  this  act. 

Laws,  1924,  ch.  369,  p.  532. 

Sec.  1.  Standard  weights  for  corn-mill  products. — That  the  standard 
of  weights  for  the  following  corn-mill  products,  namely,  flours, 
hominy,  grits,  and  meals,  shall  be  one  hundred  pounds  avoirdupois, 
and  the  standard  measure  for  such  commodities,  when  the  same  are 
packed  for  sale,  shipped,  sold,  or  offered  for  sale  in  packages  of  five 
pounds  or  over,  shall  be  a  package  containing  net  avoirdupois  weight 
one  hundred  pounds,  or  a  multiple  of  one  hundred  pounds,  or  one  of 
the  following  fractions  thereof ;  five,  ten,  twenty-five  or  fifty  pounds, 
and  each  of  which  packages  shall  bear  a  plain,  legible  and  conspicu- 
ous statement  of  the  net  weight  contained  therein. 

Sec.  2.  Standard  packages. — That  the  standard  package  for  the  fol- 
lowing corn-mill  products,  namely,  flours,  hominy,  grits,  and  meals, 
when  the  same  are  packed,  shipped,  sold,  or  offered  for  sale  in  pack- 
ages of  five  pounds  or  over,  shall  be  those  containing  net  avoirdu- 
pois weight  one  hundred  pounds,  or  multiples  of  one  hundred 
pounds,  or  the  following  fractions  thereof ;  five,  ten,  twenty-five,  and 
fifty  pounds :  Provided,  however,  That  the  provisions  of  this  section 
shall  not  apply  to  the  retailing  of  meal  direct  to  customers  from 
bulk  stock,  when  purchased  and  delivered  by  actual  weight  or  meas- 
ure, or  to  exchange  of  corn  for  meal  by  mills  grinding  for  toll. 

That  it  shall  be  unlawful  for  any  person,  firm,  or  corporation, 
or  association  to  pack,  or  cause  to  be  packed  for  sale,  to  ship  or 
offer  for  shipment,  or  to  sell,  or  offer  for  sale,  the  following  corn- 
mill  products,  namely,  flours,  hominy,  grits,  and  meals,  which  when 
in  original  unbroken  package  form,  shall  not  be  one  of  the  standard 
measures  established  in  section  two  hereof  and  bear  a  plain,  legible, 
and  conspicuous  statement  of  the  net  weight  contained  therein ;  and 
any  person,  firm,  corporation,  or  association  guilty  of  a  violation  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  be  liable  to  a  fine  not  exceeding  three  hundred  dollars.    By  the 


852  LAWS   CONCERNING   WEIGHTS   AND   MEASURES 

term  "  in  original  unbroken  form  "  as  used  in  this  act,  is  meant  any 
form  of  package  or  carton  or  other  container  made  or  prepared  to 
contain  products  for  sale  in  such  original  package  or  other  container 
and  purporting  to  contain  any  specific  weight  or  measure. 

Sec.  3.  Rules  and  regulations. — The  dairy  and  food  commissioner, 
with  the  approval  of  the  board  of  agriculture  and  immigration, 
may  establish  the  necessary  rules  and  regulations  for  the  enforce- 
ment of  this  act. 

Sec.  5.  Exemptions. — Provided,  That  nothing  in  this  bill  shall  be 
construed  as  applying  to  packages  under  five  pounds. 

Laws,  1922,  ch.  344,  p.  572. 

Sec.  1.  Standard  barrels  for  lime. — That  there  is  hereby  established  a 
large  and  a  small  barrel  of  lime,  the  large  barrel  to  consist  of  two 
hundred  and  eighty  pounds  and  the  small  barrel  to  consist  of  one 
hundred  and  eighty  pounds,  net  weight, 

Sec.  2.  Markings  required. — It  shall  be  unlawful  for  any  person  to 
sell  or  offer  for  sale  lime  in  this  State  in  barrels  unless  there  shall 
be  stenciled  or  otherwise  clearly  marked  on  one  or  both  heads  of  the 
small  barrel  the  figures  u  180  lbs.  net  "  and  of  the  large  barrel  the 
figures  "  280  lbs.  net,"  and  on  either  barrel  in  addition  the  name  of 
the  manufacturer  of  the  lime  and  where  manufactured. 

Sec.  3.  Container  of  less  capacity  than  barrel,  markings  required. — 
When  lime  is  sold  in  containers  of  less  capacity  than  the  standard 
small  barrel,  it  shall  be  sold  in  fractional  parts  of  said  standard 
small  barrel,  and  the  net  weight  of  lime  contained  in  such  container 
shall  by  stencil  or  otherwise  be  clearly  marked  thereon,  together 
with  the  name  of  the  manufacturer  thereof,  and  the  name  of  the 
brand,  if  any,  under  which  it  is  sold. 

Sec.  4.  Unlawful  to  sell  barrels  or  other  containers  unless  marked  as 
provided. — It  shall  be  unlawful  to  pack,  sell,  or  offer  for  sale  in  this 
State  any  barrels  or  other  containers  of  lime  which  are  not  marked 
as  provided  in  sections  two  and  three  of  this  act,  or  to  sell,  charge 
for,  or.  purport  to  deliver  as  a  large  or  small  barrel  or  a  fractional 
part  of  said  small  barrel  of  lime,  any  less  weight  of  lime  than  is  es- 
tablished by  the  provisions  of  this  act. 

Sec.  5.  Cement,  packages  to  be  marked  with  net  weight. — Every  bar- 
rel, box  or  package  of  cement  sold  or  offered  for  sale  in  this  State 
shall  have  plainly  marked  thereon  the  name  and  address  of  the  man- 
ufacturer and  the  number  of  pounds  net  such  barrel,  box  or  package 
contains. 

Sec.  8.  Violation. — Any  person  violating  any  of  the  provisions  of 
this  act  shall  be  guilty  of  a  misdemeanor. 

Laws,  1922,  ch.  431,  p.  749. 

Sec.  1.  Paint,  turpentine,  linseed  oil,  etc.,  how  marked. — That  no  per- 
son, firm  or  corporation  shall  expose  for  sale  or  sell  within  this  State 
any  paint,  turpentine,  or  linseed  oil,  or  any  substitute  therefor, 
marked  and  branded  in  any  manner  so  as  to  tend  to  deceive  the  pur- 
chaser thereof  as  to  its  nature  or  composition,  or  which  is  not  labled 
[labeled]  or  marked  as  hereinafter  provided. 

Sec.  4.  Markings;  net  weight  or  measure  must  be  stated. — The  label 
required  by  this  act  shall  clearly  and  distinctly  state,  in  the  English 


VIRGINIA  853 

language  with  letters  and  type  of  such  size  and  shape  as  to  be  easily 
legible,  the  name  and  residence  of  the  manufacturer  of  the  paint,  or 
of  the  distributor  thereof,  or  of  the  party  for  whom  the  same  is  man- 
ufactured, *  *  * ;  such  label  shall  also  show  the  net  measure  of 
the  contents  of  the  container  in  United  States  standard  gallons  or 
fraction  thereof  in  case  of  liquid  or  mixed  paints,  and  in  weight 
avoirdupois  in  the  case  of  paste  or  semi-paste  paints. 

Sec.  9.  Penalty. — Whoever  violates  any  of  the  provisions  of  this 
act  or  any  section  thereof  shall  be  fined  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars,  or  imprisoned  in  jail  not 
more  than  sixty  days,  for  each  offense. 

Sec.  11.  Not  applicable  to  commodities  to  be  shipped  to  another  State. — 
Nothing  herein  shall  apply  to  sales  by  any  manufacturer  or  jobber 
in  quantities  to  any  industrial  plant,  or  to  public  service  corpora- 
tions, and  any  manufacturer,  or  jobber,  may  have  on  hand,  keep  or 
store  in  this  State  paints,  linseed  oil,  or  turpentine  not  marked  or 
branded  in  accordance  with  this  act,  if  the  same  are  intended  to  be 
shipped  into  another  State. 

Code,  1919,  ch.  128,  p.  1260. 

Sec.  3252  (1910).  Oyster  measures;  dimensions  of;  sale  by  wine  meas- 
ure, when;  penalty;  measures  may  be  seized,  when. — It  shall  not  be 
lawful  at  any  time  for  any  person  to  buy  or  sell  oysters  in  this 
State  in  the  shell  by  any  other  than  one-half  bushel  or  one  bushel 
metallic  measures,  and  such  measures  shall  be  iron  circular  tubs  with 
straight  sides  and  straight  solid  bottoms  with  holes  in  bottom,  if  de- 
sired, for  draining,  such  holes  to  be  no  larger,  however,  than  one  inch 
in  diameter.  A  half  bushel  tub  shall  have  the  following  dimensions 
(all  measurements  to  be  from  inside  to  inside)  :  Fifteen  inches 
across  the  top,  thirteen  inches  across  the  bottom,  and  seventeen  inches 
diagonally  from  the  inside  chine  to  the  top ;  and  a  bushel  tub  shall 
measure  eighteen  and  one-half  inches  across  the  top,  seventeen  inches 
across  the  bottom,  and  twenty-one  and  one-half  inches  diagonally  from 
the  inside  chine  to  the  top.  When  oysters  are  bought  or  sold  out  of  the 
shell  it  shall  be  by  wine  measure,  according  to  the  standard  prescribed 
for  such  measure  by  section  fourteen  hundred  and  sixty-eight 5  of  this 
code.  Any  person  violating  any  provision  of  this  section  shall  be 
fined  not  less  than  twenty-five  nor  more  than  one  hundred  dollars 
for  each  offense.  Moreover,  if  any  inspector  or  other  oyster  official 
have  reason  to  believe  that  measures  not  conforming  to  the  above 
requirements  are  used  on  board  any  vessel  or  craft,  or  in  any  oyster 
house,  he  is  hereby  empowered  to  search  for,  seize  and  destroy  such 
unlawful  measures. 

Sec.  3265.  Resistance  to  officer  or  authorized  person  by  threats,  etc. ; 
penalty. — Any  person  found  guilty  of  resisting  or  impeding  an  officer 
or  other  person  authorized  to  make  arrests,  seizures,  examinations 
or  other  performances  of  duties  under  this  chapter  shall  be  fined  not 
less  than  fifty  nor  more  than  five  hundred  dollars,  and  if  any  per- 
son, by  threat,  force  or  display  of  firearms  or  other  weapons,  resist 
or  attempt  to  prevent  arrests,  seizures,  examinations,  or  other 
performances  of  duties,  by  said  officer  or  other  person  he  shall, 
upon  conviction  thereof,  be  confined  in  jail  not  exceeding  one  month, 

6  Sec.  1468  repealed  by  Laws,  1924,  ch.  21G,  p.  321,  which  see,  supra. 


854  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

and  fined  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars. 

Sec.  3266.  Who  may  make  arrest  or  seize  vessel. — Any  member  of 
the  commission  of  fisheries,  all  inspectors  and  other  officers  in  the 
service,  shall  have  authority,  with  or  without  warrant  to  arrest  any 
person  and  seize  any  vessel,  boat,  craft  or  other  thing  used  in  vio- 
lating any  of  the  provisions  of  this  chapter,  together  with  the  cargo 
of  such  vessel,  boat,  or  craft,  and  they  shall  have  the  same  authority 
as  constables  have  to  summon  the  posse  comitatus  to  aid  them  in 
making  such  arrest  and  seizure;  and  any  vessel,  boat,  craft  or  other 
thing,  together  with  the  cargo  so  seized,  when  not  forfeited  to  the 
Commonwealth  in  proper  proceedings,  may  be  held  by  the  inspector 
or  other  official  who  made  the  seizure  or  in  whose  district  the  same 
was  seized,  until  the  accused  has  paid  the  penalty  of  his  ofFense  if 
upon  trial  he  is  found  guilty,  or  1ms  settled  the  amount  agreed  on 
without  trial  or  has,  upon  trial,  been  acquitted,  as  the  case  may  be. 

Sec.  3273°.  Penalty  on  inspector  for  neglect  of  duty  as  to  sealing  and 
inspecting ;  destruction  of  unauthorized  measures. — If  any  inspector  fail 
to  comply  with  the  requirements  for  inspecting  and  sealing,  he  shall 
be  fined  twenty  dollars  for  each  offense.  If  an  inspector  have  reason 
to  believe  that  other  measures  are  used  on  board  any  vessel  or  craft 
than  such  as  are  hereinbefore  prescribed,  he  shall  seize  and  destroy 
said  measures. 

Code,  1919,  Vol.  1,  ch.  59,  p.  523. 

Sec.  1407°.  Barrels  containing  breadstuffs,  how  made. — All  barrels 
containing  flour,  meal,  and  bread,  offered  for  inspection,  shall  be 
made  of  good  seasoned  timber,  either  split  or  sawed,  with  ten  hoops, 
well  nailed  with  four  nails  in  each  chine  hoop  and  three  nails  in  each 
bilge  hoop.  The  stave  shall  be  twenty-seven  inches  long,  and  the 
head  seventeen  inches  and  a  half  in  diameter.  In  half  barrels  the 
staves  shall  be  twenty-three  inches  long  and  the  head  twelve  and  a 
half  inches  in  diameter. 

Sec.  1408.  What  quantity  to  contain. — Each  barrel  of  flour  or  corn 
meal  shall  contain  one  hundred  and  ninety-six  pounds  of  flour  or 
meal  and  each  half  barrel  ninety-eight  pounds;  and  in  case  of  defi- 
cient quantity,  any  person  offering  such  flour  or  meal  for  inspection 
shall  forfeit  eight  cents  for  each  pound  of  such  deficiency  not  ex- 
ceeding three,  and  seventeen  cents  for  each  pound  over  three. 

Sec.  1409.  Size  of  fish  barrels. — All  fish  offered  for  inspection  shall 
be  packed,  all  of  one  kind  in  barrels  of  well-seasoned  strong  timber, 
clear  of  sap,  not  less  than  five-eighths  of  an  inch  thick,  made  tight, 
with  at  least  twelve  hoops,  containing  not  less  than  twenty-eight 
gallons.     *     *     * 

Sec.  1410.  Beef  and  pork,  weight  of  barrel. — All  barrels  containing 
pork  or  beef  offered  for  inspection  shall  be  made  of  the  same  kind 
of  timber,  and  of  the  same  thickness  and  strength,  as  is  prescribed 
for  fish  barrels,  and  shall  contain  at  least  two  hundred  and  four 
pounds  net  of  good,  clean,  fat,  sound,  merchantable  meat,  well  salted 
between  each  layer,  and  well  pickled.  There  shall  not  be  more  than 
two  heads  in  any  one  barrel  of  pork,  and  the  whole  shall  be  well 
salted  and  cured  before  it  is  packed. 

Sec.  1411.  Barrel  for  pitch,  tar,  or  turpentine  capacity. — All  barrels 
of  pitch,  tar,  or  turpentine  offered  for  inspection  shall  contain  at 


VIRGINIA  855 

least  thirty-one  gallons  and  a  half,  and.  be  full  of  good,  clean,  sound, 
and  merchantable  tar,  pitch,  or  turpentine. 

Sec.  1412.  How  barrels  for  salt  made. — All  barrels  containing  salt 
offered  for  inspection  shall  be  made  of  good,  seasoned  materials,  with 
at  least  ten  hoops,  with  four  nails  in  each  chine  hoop,  and  three  nails 
in  each  upper  bilge  hoop,  and  not  exceeding  thirty  inches  in  length 
and  eighteen  inches  in  diameter  across  the  head  within  the  chine. 

Sec.  1413.  Lumber;  staves. — All  lumber  offered  for  inspection  shall 
be  of  the  following  dimensions  and  quality : 

First — Long  butt  staves:  Long  butt  staves,  five  feet  six  inches 
long,  short  butts,  four  feet  six  inches  long;  and  both  five  inches  wide, 
two  inches  thick  on  the  thin  edge,  and  not  more  than  two  and  a  half 
inches  thick  in  any  place  when  dressed; 

Second — Pipe  and  hogshead  staves:  Pipe  staves,  four  feet  six 
inches  long,  three  inches  wide,  and  three-quarters  of  an  inch  thick  on 
the  thin  edge,  when  dressed;  hogshead  staves,  three  feet  six  inches 
long,  three  inches  wide,  and  three-quarters  of  an  inch  thick  on  the 
thin  edge,  when  dressed;  rough  hogshead  staves  of  the  same  dimen- 
sions as  the  dressed; 

Third — Barrel  staves:  Barrel  staves,  when  dressed,  and  rough 
barrel  staves,  shall  be  two  feet  eight  inches  long,  three  inches  wide, 
and  three-quarters  of  an  inch  thick; 

Fourth — Hogshead  heading:  Hogshead  heading  shall  be  twenty- 
eight,  thirty,  and  thirty-two  inches  long,  with  a  due  proportion  of 
pieces  of  each  length;  they  shall  be  five  inches  wide,  and  three- 
quarters  of  an  inch  thick  on  the  thin  edge,  when  dressed ;  and  all  of 
the  above-mentioned  lumber  shall  be  of  good  white  oak; 

Fifth — lied  oak  hogshead  staves :  Red  oak  hogshead  staves  shall 
be  three  feet  six  inches  long,  three  and  a  half  inches  wide  including 
sap,  and  three  inches  wide  clear  of  sap,  and  three-fourths  of  an  inch 
thick  on  the  thin  edge,  when  dressed ; 

Seventh — Shingles:  Building  shingles  shall  be  twenty-two  inches 
long,  four  inches  wide,  and  five-eighths  of  an  inch  thick  at  the  butt, 
when  dressed ;  and  shall  be  free  from  sap ;     *     *     *. 

Sec.  1414.  Hemp  boxes,  size. — All  hemp  offered  for  inspection  shall 
be  strong,  dry,  sound,  and  merchantable,  and  shall  be  prized,  either 
before  or  when  inspected,  in  bale  boxes,  three  feet  two  inches  long  in 
the  clear,  three  feet  deep,  one  foot  eight  inches  wide  at  the  bottom, 
and  two  feet  at  the  top. 

Sec.  1415.  Owner,  etc.,  to  mark  weight  and  tare. — Every  barrel  of 
flour,  corn  meal,  bread,  fish,  pork,  beef,  tar,  pitch  or  turpentine; 
every  barrel,  box,  or  bag  of  salt,  and  every  bale  of  hemp  made,  packed 
or  filled  in  this  State  and  offered  for  inspection  shall  have  the  weight 
and  tare  thereof  marked  thereon  by  the  manufacturer,  packer,  or 
filler  thereof. 

Sec.  1417.  Violations  of  two  preceding  sections  punished. — For  every 
barrel,  box,  bag,  or  bale  of  any  of  the  commodities  mentioned  in  the 
two6  preceding  sections,  offered  for  inspection,  or  removed  from  the 
manufactory  contrary  to  either  of  said  sections,  the  person  offering 
the  same  for  inspection,  or  the  manufacturer,  shall  forfeit  fifty  cents; 
and  if  any  person  wilfully  |ui(   a  false  tare  or  weight  on  any  such 

11  Sec.  1416  refers  io  Individual  brands  or  marks  of  manufacturers  and  is  omitted  here. 
as  not  being  relevant   to  weights  and   measures. 


856  LAWS  CONCEBNING  WEIGHTS  AND   MEASURES 

barrel,  box,  bag,  or  bale,  he  shall  forfeit  one  dollar  on  every  such 
barrel,  box,  bag,  or  bale. 

Sec.  1421.  Barrels  of  salt,  gross  weight  and  tare  to  be  marked;  weight 
of  empty  barrel. — If  an  inspector  of  salt  judge  the  same  to  be  mer- 
chantable, and,  if  packed  in  barrels,  that  they  are  such  as  are  re- 
quired, he  shall  mark  or  brand  each  barrel,  box,  or  bag,  in  a  durable 
way,  with  the  name  of  his  county,  and  with  the  quality  thereof,  as 
number  "  one,"  "  two,"  or  "  three."  He  shall  also  weigh  each  barrel, 
box,  or  bag,  and  mark  the  same  in  like  manner,  with  the  gross 
weight,  and  with  the  tare,  allowing  for  each  barrel  of  salt  twenty- 
eight  pounds  for  the  tare.  But  if  he  finds  that  the  barrel  exceeds 
that  tare,  he  shall  cause  the  true  tare  to  be  marked  thereon,  for 
which  he  shall  have  an  extra  fee  of  one  cent  on  each  barrel,  bag,  or 
box. 

Sec.  1422.  How  alum  salt  branded. — In  the  case  of  alum  salt  (not  to 
be  exported  in  bulk) ,  the  inspector  may  examine  the  same  in  bulk,  if 
desired,  but  shall,  after  it  is  packed,  weigh  and  mark  or  brand  the 
same,  as  directed  in  the  preceding  section,  and  also  with  the  words 
"  alum  salt." 

Sec.  1423.  When  he  may  pass  or  weigh  salt. — No  inspector  shall  pass 
any  salt  in  a  barrel  of  larger  dimensions  than  is  prescribed,  nor  shall 
any  salt  be  weighed  by  him  until  it  lies  twenty-four  hours,  at  least, 
and  such  additional  time  after  packing,  as  the  inspector  shall  deem 
sufficient  for  draining  it. 

Sec.  1427.  Hemp,  how  labeled. — If  any  inspector  judge  any  hemp 
offered  to  him  for  inspection  to  be  strong,  dry,  sound,  and  merchant- 
able, and  packed  in  bale  boxes  of  the  proper  size,  he  shall  annex 
thereto  a  label,  stamped  with  the  quality  and  weight  of  each  bale, 
distinguishing  such  as  is  clean,  as  well  as  dry  and  well  conditioned, 
as  "  first "  quality,  and  such  as  is  not  perfectly  clean,  though  dry  and 
well  conditioned,  as  "  second  "  or  "  third  "  quality. 

Sec.  1435.  When  packages  to  be  reweighed;  expense  of  repacking. — An 
inspector,  if  he  suspect  any  commodity  on  which  the  tare  is  marked 
to  be  falsely  marked,  or  if  the  purchaser  request  it,  shall  unpack  any 
barrel  or  other  parcel  of  such  commodity,  and  if  he  find  the  tare 
greater  than  is  marked,  the  manufacturer  or  packer  and  filler  who 
sold  the  same  shall  pay  the  expense  of  unpacking  or  repacking,  in 
addition  to  any  penalty  imposed  by  law.  But  if  otherwise,  the  said 
expense  shall  be  paid  by  the  inspector,  if  he  acted  on  his  own  sus- 
picion, or  by  the  purchaser,  if  the  trial  was  made  at  his  request. 

Sec.  1439.  Penalty  for  selling  articles  falsely  marked. — If  any  person 
sell,  or  offer  to  sell,  any  such  commodity  in  barrels,  or  other  package 
or  parcel,  known  by  him  to  be  of  less  weight,  size,  and  gauge  (after 
allowing  for  ordinary  shrinkage  and  loss  of  weight)  than  is  required 
by  law,  or  than  is  marked  or  branded  thereon,  or  than  is  stated  in  the 
certificate  of  the  inspector  thereof,  he  shall  forfeit  ten  dollars  for 
every  such  barrel,  package,  or  parcel  so  sold  or  offered  for  sale. 

Sec.  1441.  Penalty  on  inspector  for  falsely  marking,  etc. — If  any  in- 
spector or  culler  mark  or  brand  any  barrel  or  other  package  of  any 
such  commodity,  or  give  a  certificate  of  his  having  inspected  any 
lumber  or  salt  in  bulk,  without  having  actually  inspected  the  same, 
or  pass  or  brand  any  such  commodity  as  merchantable  which  he 
knows  to  be  unfit  to  pass  (unless  ordered  by  reviewers,  according  to 
law),  or  permit  any  other  person  to  use  his  mark  or  brand  for  that 


VIRGINIA  857 

purpose,  or  be  guilty  of  any  wilful  neglect  or  omission  of  his  duty 
as  inspector,  he  shall  be  fined  fifty  dollars  for  every  such  offense. 

Code,  1919,  Vol.  1,  ch.  58,  p.  512. 

Sec.  1354°.  Sampling,  weighing,  and  branding  tobacco. — The  samplers 
shall  uncase  and  break  every  hogshead,  cask,  tierce,  or  box  of  tobacco 
brought  to  their  respective  warehouses  to  be  sampled;  weigh  and 
sample  it,  and  mark,  or  brand  the  same,  as  "  Virginia,1'  or  "  West- 
ern," according  to  the  facts;  and  also,  with  the  name  of  the  ware- 
house, the  tare  of  the  hogshead,  cask,  tierce,  or  box;  the  quantity 
of  net  tobacco  therein,  and  the  condition  thereof.  The  net  weight 
shall  be  ascertained  by  weighing  the  hogshead,  cask,  tierce,  or  box, 
before  it  is  uncased,  and  deducting  therefrom  the  weight  of  the 
empty  hogshead,  cask,  tierce,  or  box.  The  sample  shall  not  exceed 
eight  pounds  in  weight,  and  shall  belong  to  the  buyer  of  the  tobacco 
from  whom  it  was  taken. 

Sec.  1355  (1899-00).  Weighing  leaf  tobacco  in  warehouses;  proprietors 
to  furnish  itemized  statements ;  penalty. — All  leaf  tobacco  sold  upon  the 
floor  of  any  tobacco  warehouse  in  the  State  of  Virginia  shall  first  be 
weighed  by  some  reliable  person  who  shall  have  first  sworn  and  sub- 
scribed to  the  following  oath — to  wit :     *     *     * 

The  proprietor  of  each  and  every  warehouse  shall  render  to  each 
seller  of  tobacco  at  his  warehouse  a  bill  plainly  stating  the  amount 
charged  for  weighing  and  handling,  the  amount  charged  for  auction 
fees,  and  the  commission  charged  on  such  sale,  or  any  other  charges 
made  for  selling  and  handling  such  tobacco. 

For  each  and  every  violation  of  the  provisions  of  this  section  a 
penalty  of  ten  dollars  may  be  enforced,  and  the  same  may  be  recov- 
ered by  any  one  so  offended. 

Sec.  1387°.  Proprietors  to  furnish  scales,  etc. — The  proprietor  of 
every  warehouse  shall  have  proper  scales  or  balances  and  weights, 
and  all  other  proper  conveniences  provided,  and  see  that  they  are 
kept  in  repair,  and  that  the  weights  conform  to  the  lawful  standard. 

Code,  1919,  Vol.  1,  ch.  49,  p.  420. 

Sec.  1111,  as  amended  by  Laws,  1920,  ch.  130,  p.  107.  How  bags,  etc., 
of  fertilizers  branded. — All  manufacturers,  dealers  or  agents  before 
selling,  or  offering  for  sale,  in  this  State  any  commercial  fertilizer, 
or  fertilizer  material,  shall  brand  on,  or  attach  to  each  bag,  barrel 
or  package,  the  brand  name  of  the  fertilizer,  the  weight  of  the  pack- 
age, the  name  and  address  of  the  manufacturer,     *     *     *. 

Sec.  1126  (1875-76).  Fertilizers  to  be  labeled;  what  label  to  use; 
standard  measure  of  manures;  measures  branded. — All  commercial  ma- 
nures, and  artificially  manufactured  or  manipulated  fertilizers, 
brought  into  or  manufactured  in  the  State  of  Virginia,  for  sale, 
and  sold  or  kept  for  sale  therein,  shall  have  permanently  affixed 
to  every  sack,  bag,  barrel,  box,  or  other  package  thereof,  a  stamped 
or  printed  label,  which  shall  specify  legibly  the  name  of  the  manu- 
facturer and  his  place  of  business,  the  net  weight  of  such  sack,  bag, 
barrel,  box,  or  other  package  *  *  *.  And  where  stable  manures, 
or  commercial  manures,  other  than  such  as  are  sold  or  kept  for  sale 
in  sacks,  bags,  barrels,  boxes,  or  other  packages,  are  sold  or  bought 
in  this  State  by  the  bushel,  or  by  the  cart  load,  or  where  the  same 
are  upon  sale,  delivered  in  this  State,  the  standard  of  such  measures 


858  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

shall  be  as  follows,  to-wit :  A  bushel  measure  shall  be  no  other  than 
stave  measure,  which  shall  be  uniform  in  shape,  and  of  the  follow- 
ing dimensions :  The  bottom  to  be  sixteen  and  a  half  inches  across, 
from  inside  to  inside;  the  top  to  be  eighteen  inches  from  inside  to 
inside,  and  twenty -one  inches  diagonally  from  the  inside  chine  to 
the  top.  And  in  the  measurement  of  such  manures  the  tubs  must  be 
filled  to  a  slight  rise  above  the  top.  All  such  measures  must  be 
branded  with  the  initials  of  the  sealer  of  weights  and  measures  of 
the  county  or  corporation  where  the  buyer  or  seller,  or  either  of 
tbem,  resides.  Twenty  bushels  of  the  measure,  above  provided,  shall 
constitute  a  merchantable  cart  load  of  such  manures  as  are  above 
mentioned. 

Sec.  1133  (al916).  Agricultural  lime,  weight  to  be  branded. — All 
manufacturers,  dealers  or  agents,  before  selling  or  offering  for  sale 
in  this  State  any  agricultural  lime,  shall  brand  on,  or  attach  to, 
each  bag,  barrel  or  package,  the  brand  name  of  the  agricultural  lime, 
the  weight  of  the  package,  the  name  and  address  of  the  manufac- 
turer,    *     *     *. 

Code,  1919,  Vol.  I,  ch.  51,  p.  438. 

Sec.  1205  (1916).  Measuring  utensils  to  be  tested  and  marked;  fees. — 
No  bottle,  pipette  or  other  measuring  glass  or  utensils  shall  be  used 
in  this  Commonwealth  by  any  inspector  of  milk  or  cream,  or  by  any 
person  in  any  milk-inspection  laboratory,  in  determining  by  the 
Babcock  or  any  other  centrifugal  machine,  the  percentage  of  fat  in 
milk  or  cream  for  the  purposes  of  inspection  or  by  any  person  in  any 
milk  depot,  creamery,  cheese  factory,  condensed  milk  factory,  or 
other  place,  in  determining  by  the  Babcock  or  other  centrifugal 
machine,  the  composition  or  value  of  milk  or  cream  as  a  basis  for 
payment  in  buying  or  selling,  until  it  has  been  tested  for  accuracy 
and  verified  by  the  chief  chemist,  his  assistants  or  other  experts  of 
the  department  of  agriculture  and  immigration  of  Virginia.  Every 
such  bottle,  pipette  or  other  measuring  glass  or  utensil  shall  be  sub- 
mitted to  the  dairy  and  food  commissioner  by  the  owner  or  user 
thereof  to  be  tested  for  accuracy  before  the  same  is  used  in  this  Com- 
monwealth for  the  purposes  aforesaid.  The  said  commissioner  shall 
cause  the  bottle,  pipette  or  other  measuring  glass  or  utensil  so  sub- 
mitted, after  the  fees  herein  provided  have  been  paid,  to  be  tested  in 
the  laboratory  of  the  said  department  of  agriculture  and  immigra- 
tion. The  owner  or  user  shall  pay  to  the  said  commissioner,  as  a  fee 
for  making  the  test,  a  sum  not  exceeding  five  cents  for  each  bottle, 
pipette  or  other  measuring  glass  or  utensil  tested.  Any  bottle, 
pipette  or  other  measuring  glass  or  utensil  that  has  been  tested  and 
verified  as  aforesaid  shall  be  marked  by  the  chief  chemist,  his  assist- 
ants or  other  experts  of  the  said  department  of  agriculture  and  immi- 
gration, to  indicate  the  fact  of  such  test  or  verification ;  or  if  tested 
and  found  to  be  inaccurate,  may  be  marked  by  him  or  them  to  indi- 
cate that  it  is  inaccurate.  No  bottle,  pipette  or  other  measuring  glass 
or  utensil  that  has  been  marked  by  the  said  chief  chemist,  his  as- 
sistants or  other  experts  of  the  said  department  of  agriculture  and 
immigration  to  indicate  that  it  is  inaccurate  shall  be  used  in  this 
Commonwealth  by  any  person  in  determining  the  composition  or 
value  of  milk  or  cream. 


VIRGINIA  859 

Sec.  1206.  Inspection  of  centrifugal  machines  and  scales;  when  con- 
demned; fees. — Every  Babcock  or  other  centrifugal  machine,  or  cream 
test  or  butter  fat  test  scale,  used  in  this  Commonwealth  by  any  in- 
spector of  milk  or  cream  or  by  any  person  in  any  milk  inspection 
laboratory  for  determining  the  composition  of  milk  or  cream  for 
purposes  of  inspection,  or  by  any  person  in  any  milk  depot,  ice  cream 
factory,  confectionery,  creamery,  cheese  factory,  condensed  milk 
factory,  laboratory  or  other  place  for  determining  the  composition 
or  value  of  milk  or  cream  as  a  basis  for  payment  in  buying  or  selling, 
shall  be  subject  to  inspection  at  least  once  in  each  year  by  the  dairy 
and  food  commissioner,  his  assistants  or  agents.  The  owner  or  user 
of  any  such  scale  shall  pay  to  the  said  commissioner  as  a  fee  for  mak- 
ing such  annual  inspection  the  sum  of  one  dollar  for  each  scale 
inspected.  Any  Babcock  or  other  centrifugal  scale  used  as  afore- 
said, that  is  not  in  the  opinion  of  the  said  commissioner  or  his  assist- 
ants or  agents  in  condition  to  give  accurate  results,  may  be  con- 
demned by  the  commissioner  or  his  assistants  or  agents.  No  Babcock 
or  other  centrifugal  machine  or  scale  that  has  been  condemned  by 
said  commissioner  or  his  assistants  or  agents  as  not  in  condition  to 
give  accurate  results  shall  be  used  in  this  Commonwealth  by  any  per- 
son for  determining  the  composition  or  value  of  milk  or  cream  as 
aforesaid,  unless  the  machine  or  scale  be  changed  to  the  satisfaction 
of  the  said  commissioner  or  his  assistants  or  agents,  and  approved 
by  him. 

Sec.  1208.  To  whom  certificates  issued;  rules  for  application  and  exami- 
nation therefor ;  standards  of  milk  and  cream  measure ;  samples. — *  *  * 
The  dairy  and  food  commissioner  is  hereby  authorized  to  fix  such 
standards  and  to  issue  such  regulations  as  may  be  deemed  necessary 
to  carry  out  the  provisions  of  law ;  but  in  the  use  of  the  Babcock  or 
other  centrifugal  machine,  the  standard  milk  measurer  or  pipettes 
shall  have  a  capacity  of  seventeen  and  six-tenths  cubic  centimeters 
and  the  standard  test  tubes  or  bottles  for  milk  shall  have  a  capacity 
of  two  cubic  centimeters  for  each  ten  per  centum  marked  on  the 
necks  thereof;  cream  shall  be  tested  by  weight  and  the  standard 
unit  for  testing  shall  be  eighteen  grams,  and  it  is  hereby  made  a  vio- 
lation of  law  to  use  any  other  standard  of  milk  or  cream  measure 
where  milk  or  cream  is  purchased  by  or  furnished  to  creameries  or 
cheese  factories,  and  where  the  value  of  said  milk  or  cream  is  de- 
termined by  the  per  centum  of  butter  fat  contained  in  the  same  or 
where  the  value  of  milk  or  cream  is  determined  by  the  per  centum  of 
butter  fat  contained  in  the  same  by  the  Babcock  or  other  centrifugal 
test  or  cream  test  or  butter  fat  test  scales.  In  sampling  milk  or  cream 
from  which  composite  tests  are  to  be  made  to  determine  the  per 
centum  of  butter  fat  contained  therein,  no  such  sample  or  sampling 
shall  be  lawful  unless  a  sample  be  taken  from  each  weighing,  and  the 
quantity  thus  used  shall  be  proportioned  to  the  total  weight  of  the 
milk  or  cream  tested. 

Sec.  1209.  Tests  of  measuring  glasses  or  utensils;  inspection  of  ma- 
chines and  scales  annually ;  collection  of  fees ;  entry  by  commissioner  and 
agents  upon  certain  premises. — It  shall  be  the  duty  of  the  dairy  and 
food  commissioner  and  he  is  hereby  authorized,  to  test  or  cause 
to  be  tested  all  bottles,  pipettes  and  other  measuring  glasses  or 
utensils  submitted  to  him  as  provided  in  section  twelve  hundred  and 


860  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

five,  to  inspect  or  cause  to  be  inspected  at  least  once  each  year  every 
Babcock  or  other  centrifugal  machine  or  cream  test  or  butter-fat 
test  scales  used  in  this  Commonwealth  by  an  inspector  of  milk  or 
cream  or  by  any  person  in  any  milk-inspection  laboratory  for 
purposes  of  inspection,  or  by  any  person  in  any  milk  depot,  ice- 
cream factory,  confectionery,  creamery,  cheese  factory,  condensed- 
milk  factory,  or  other  place  for  determining  the  composition  or  value 
of  milk  or  cream  as  a  basis  for  payment  in  buying  or  selling,  and  to 
collect  or  cause  to  be  collected  the  fees  provided  for  by  law.  The 
said  dairy  and  food  commissioner,  his  assistants  or  agents,  are 
further  authorized  to  enter  upon  any  premises  in  this  Common- 
wealth where  any  centrifugal  machine  or  cream  test  and  butter-fat 
test  scales  is  used  as  aforesaid  to  inspect  the  same  and  to  ascertain 
if  the  provisions  of  law  are  complied  with. 

Sec.  1210.  Penalty  for  over-reading  or  under-reading,  etc.,  test  effect 
of  tender  of  payment.— Any  person  who  shall  by  himself  or  as  the  of- 
ficer, servant,  agent  or  employee  of  any  person,  firm  or  corporation, 
falsely  manipulate  or  underread  or  overread  the  Babcock  test  or 
any  other  contrivance  used  for  the  purpose  of  determining  the 
amount  of  milk  fat  in  milk  or  cream,  or  who  shall  make  any  false 
determination  of  any  test  or  contrivance  used  for  the  purpose  of 
determining  the  amount  of  milk  fat  in  any  dairy  products,  shall 
be  guilty  of  a  misdemeanor.  The  tender  of  payment  for  milk  or 
cream  at  any  given  test,  shall  constitute  prima  facie  evidence  that 
such  test  was  made. 

Code,  1919,  Vol.  1,  ch.  52,  p.  471. 

Sec.  1234  (1910).  What  must  be  on  exterior  of  package,  etc.,  of  con- 
centrated commercial  feeding  stuff. — Every  lot  or  parcel  of  concen- 
trated commercial  feeding  stuff  sold,  offered  or  exposed  for  sale 
within  this  State,  shall  have  affixed  thereto,  or  printed  thereon,  in 
a  conspicious  place  on  the  outside  thereof,  a  legible  and  plainly 
printed  statement,  in  the  English  language,  clearly  and  truly  certi- 
fying the  net  weight  of  the  package ;  the  name,  brand  or  trade-mark 
under  which  the  article  is  sold;  the  name,  and  address  of  manu- 
facturer, jobber  or  importer;  *  *  *  But  all  concentrated  com- 
mercial feeding  stuffs  shall  be  in  standard-weight  bags  or  pack- 
ages of  twenty-five,  fifty,  seventy-five,  one-hundred,  one  hundred  and 
twenty-five,  one  hundred  and  forty,  one  hundred  and  fifty,  one 
hundred  and  seventy-five,  and  two  hundred  pounds. 


WASHINGTON 

Pierce's  Code,  1921,  Vol.  1,  p.  2027. 

Sec.  7251  (1913).  National  standards  adopted  as  State  standards;  State 
standards  to  govern;  false  standards. — The  weights  and  measures,  re- 
ceived from  the  United  States  under  a  resolution  of  Congress  ap- 
proved June  14,  1836,  and  such  new  weights  and  measures  as  shall  be 
received  from  the  United  States  as  standard  weights  and  measures 
in  addition  thereto  or  renewal  thereof,  and  such  as  shall  be  supplied 
by  the  State  in  conformity  therewith  and  certified  by  the  National 
Bureau  of  Standards,  shall  be  the  State  standards,  by  which  all 
county  and  municipal  standards  of  weights  and  measures  shall  be 
tried,  approved  and  sealed. 

All  weights,  measures,  scales,  scale  beams,  patent  balances,  steel- 
yards, automatic  or  computing  scales,  or  other  instruments  for 
weighing  or  measuring,  by  which  any  merchandise,  commodity  or 
thing  is  bought  or  sold  by  weight  or  measure,  or  offered  or  exposed 
for  sale,  shall  conform  to  the  State  standards  herein  prescribed. 

Any  weight,  measure,  scale,  scale  beam,  patent  balance,  steelyard, 
automatic  or  computing  scale  or  other  instrument  or  device  for 
weighing  or  measuring  which  does  not  conform  to  such  State  stand- 
ards is  hereby  declared  to  be  a  false  weight  or  measure. 

Sec.  7252  (al917).  Department  of  weights  and  measures  established; 
deputy  superintendent  and  inspector  authorized;  duties  of  superintend- 
ent ;  standards  to  be  tested ;  county  and  city  standards  tested ;  institution's 
weights  and  measures  tested  annually;  annual  report;  county  and  city 
standards  tested  biennially;  powers  of  local  inspector;  instructions  to  be 
issued;  bond. — There  is  hereby  created  a  department  of  weights  and 
measures  in  and  for  the  State  of  Washington.1  The  secretary  of 
state  shall  be  ex  officio  superintendent  of  weights  and  measures  and 
the  head  of  the  department  herein  created.  He  shall  appoint  a 
deputy  superintendent  of  weights  and  measures  and  one  inspector 
whose  terms  of  office  shall  expire  with  that  of  the  superintendent. 
The  deputy  shall  receive  a  salary  of  twenty-four  hundred  dollars  per 
annum,  and  the  inspector  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum.  He  shall  also  appoint  as  many  persons  as  he 
shall  deem  necessary,  not  to  exceed  twelve  in  number,  as  local  in- 
spectors, who  shall  be  known  as  State  sealers  and  who  shall  receive 
a  compensation  to  be  determined  by  the  superintendent,  and  shall 
be  removable  at  will  by  him:  Provided,  further,  That  the  total  ex- 
penditures for  this  department  shall  not  exceed  $35,000  for  any 
biennium.  There  shall  be  allowed  for  maintenance  of  the  depart- 
ment of  weights  and  measures  such  sums  as  shall  be  appropriated  by 
the  legislature.  The  superintendent  shall  take  charge  of  the  State 
standards,  cause  them  to  be  kept  in  a  safe  and  suitable  place  in  the 
office  of  the  superintendent,  from  which  they  shall  not  be  removed 
except  for  repairs  or  for  certification,  and  he  shall  take  all  other 
necessary  precautions  for  their  safe-keeping.    He  shall  maintain  the 

1  See  sec.  4-1,  et  seq.,  infra,  p.  86». 

861 


862  LAWS  CONCEKNING  WEIGHTS  AND   MEASUBES 

State  standards  in  good  order  and  shall  submit  them  at  least  once  in 
ten  years  to  the  National  Bureau  of  Standards  for  certification.  He 
shall  at  least  once  in  five  years  try  and  prove  by  the  State  standards 
all  weights,  measures  and  other  apparatus  which  may  belong  to  any 
county  or  city,  and  shall  seal  such  when  found  to  be  accurate,  by 
stamping  on  them  with  seals  which  he  shall  have  and  keep  for  that 
purpose,  the  letter  "  W  "  and  the  last  two  figures  of  the  year  in  which 
the  same  are  sealed.  He  shall  have  and  keep  a  general  supervision  of 
the  weights,  measures  and  weighing  and  measuring  devices  offered 
for  sale,  sold  or  in  use  in  the  State.  He  shall,  upon  the  written  re- 
quest of  any  citizen,  firm,  corporation  or  educational  institution  in 
the  State,  test  or  calibrate  weights,  measures,  weighing  or  measuring 
devices  and  instruments  or  apparatus  used  as  standards  in  this  State. 
He,  or  his  deputy,  or  his  inspectors,  by  his  direction,  shall,  at  least 
once  annually,  test  all  scales,  weights  and  measures  used  in  checking 
the  receipts  or  disbursements  of  supplies  in  every  institution  for  the 
maintenance  of  which  moneys  are  appropriated  by  the  legislature, 
and  he  shall  report  in  writing  his  findings  to  the  supervising  board 
and  to  the  executive  officer  of  the  institution  concerned,  and  at  the 
request  of  such  board  or  executive  officer,  the  superintendent  of 
weights  and  measures  shall  appoint  in  writing  one  or  more  em- 
ployes, then  in  the  actual  service  of  each  institution,  who  shall  act 
as  special  deputies  for  the  purpose  of  checking  the  receipts  or  dis- 
bursements of  supplies.  He  shall  keep  a  complete  record  of  the 
standards,  balances  and  other  apparatus  belonging  to  the  State  and 
take  receipt  for  same  from  his  successor  in  office.  He  shall  annually, 
on  the  first  day  of  October  make  to  the  governor  a  report  of  the  work 
done  by  his  office.  The  State  superintendent,  or  his  deputy,  or  in- 
spectors at  his  direction,  shall  inspect  all  standards  and  apparatus 
used  by  the  State  sealers  and  cities  of  the  first  class,  having  a  popu- 
lation of  more  than  50,000  people,  at  least  once  in  two  years,  and 
shall  keep  a  record  of  the  same.  He  or  his  deputy  or  inspectors,  at 
his  direction,  shall  at  least  once  in  two  years  visit  the  various  cities 
and  counties  in  the  State,  in  order  to  inspect  the  work  of  the  local 
sealers,  and  in  the  performance  of  such  duties  he  may  inspect  the 
weights,  measures,  balances  or  any  other  weighing  or  measuring 
appliances  of  any  citizen,  firm  or  corporation,  and  shall  have  the 
same  powers  as  the  local  sealer  of  weights  and  measures.  The  super- 
intendent shall  issue  from  time  to  time,  regulations  for  the  guidance 
of  State  and  city  sealers,  and  the  said  regulations  shall  govern  the 
procedure  to  be  followed  by  the  aforesaid  officers  in  the  discharge  of 
their  duties.  The  deputy  State  superintendent  of  weights  and  meas- 
ures shall  forthwith,  on  his  appointment,  give  a  bond,  in  the  penal 
sum  of  $5,000.00  with  sureties  to  be  approved  by  the  governor  for 
the  faithful  performance  of  the  duties  of  his  office,  and  for  the  safety 
of  the  standards  entrusted  to  his  care,  and  for  the  surrender  thereof 
immediately  to  his  successor  in  office  or  to  the  person  appointed  by 
the  governor  to  receive  them. 

Sec.  7253  (1917).  Jurisdiction  over  weighing  devices  of  common  car- 
riers.— The  secretary  of  state  as  ex-officio  superintendent  of  weights 
and  measures,2  shall  have  the  power  and  it  shall  be  his  duty  to  exer- 

-  These  duties  transferred  to  director  of  agriculture.     See  p.  869. 


WASHINGTON  863 

rise  all  the  powers  and  perform  all  the  duties  now  vested  in  and 
required  to  be  performed  by  the  public  service  commission  with  re- 
spect to  weighing  devices  used  by  common  carriers  other  than  track 
scales,  and  such  scales  and  devices  shall  be  subject  to  the  rules  and 
regulations  promulgated  by  the  superintendent  of  weights  and 
measures. 

Sec.  7254  (al917).  Public  standards  for  city  and  State  sealers. — The 
superintendent  of  weights  and  measures,  and  the  common  council  or 
city  commission  of  each  city  having  a  population  of  more  than  fifty 
thousand  people  shall  procure  at  the  expense  of  the  State  or  city, 
and  shall  keep  at  all  times  a  complete  set  of  weights  and  measures 
and  other  apparatus,  of  such  materials  and  construction  as  the  said 
superintendent  of  weights  and  measures  may  direct.  All  such 
weights,  measures  and  other  apparatus  having  been  tried  and  accu- 
rately proven  by  him,  shall  be  sealed  and  certified  to  by  the  State 
superintendent  as  hereinbefore  provided;  and  shall  then  be  de- 
posited with  and  preserved  by  the  city  sealer  as  public  standards 
for  such  city,  and  by  the  State  sealer  for  use  as  public  standards 
in  any  county  in  the  State. 

Whenever  the  common  council  or  city  commission  of  any  such 
city  shall  neglect  for  six  months  so  to  do,  the  city  clerk  or  comp- 
troller of  said  city,  on  notification  and  request  by  the  superintendent 
of  weights  and  measures,  shall  provide  such  standards  and  cause 
the  same  to  be  tried,  proved,  sealed  and  deposited  at  the  expense  of 
such  city. 

Sec.  7255  (al917).  Powers  of  State  sealer;  packages  of  commodities  to 
be  weighed;  violation;  may  condemn  and  seize. — Where  not  otherwise 
provided  by  law  the  State  sealer  shall  have  the  power  to  inspect, 
test,  try  and  ascertain  if  they  are  correct,  all  weights,  scales,  beams, 
measures  of  every  kind,  instruments  or  mechanical  device  for  meas- 
urements and  tools,  appliances  or  accessories  connected  with  any  or 
all  of  such  instruments  or  measures  kept  for  the  purpose  of  sale,  sold 
or  used  or  employed  within  any  county  in  the  State  by  any  proprie- 
tor, agent,  lessee  or  employee  in  proving  the  size,  quantity  or  extent, 
area  or  measurement  of  quantities,  things,  produce,  articles  for  dis- 
tribution or  consumption  offered  or  submitted  by  such  person  or  per- 
sons for  sale,  for  hire  or  award ;  and  he  shall  have  the  power  to  and 
shall  from  time  to  time  weigh  or  measure  packages  or  amounts  of 
commodities  of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered 
for  sale  or  sold,  or  in  the  process  of  delivery,  in  order  to  determine 
whether  the  same  contains  the  amount  represented,  and  whether  they 
are  being  offered  for  sale  or  sold  in  a  manner  in  accordance  with  law. 
He  may  for  the  purpose  above  mentioned,  and  in  the  general  per- 
formance of  his  official  duties,  enter  and  go  into  or  upon,  and  with- 
out formal  warrant,  any  stand,  place,  building  or  premises,  or  stop 
any  vendor,  peddler,  junk-dealer,  coal-wagon,  wood-wagon,  ice- 
wagon,  delivery-wagon  or  any  dealer  whatsoever,  and  require  him, 
if  necessary,  to  proceed  to  some  place  which  the  sealer  may  specify, 
for  the  purpose  of  making  the  proper  tests.  Whenever  the  State 
sealer  finds  a  violation  of  the  statutes  relating  to  weights  and  meas- 
ures, lie  shall  cause  the  violator  to  be  prosecuted.  Whenever  the 
sealer  compares  weights,  measures  or  weighing  or  measuring  instru- 

517—27 55 


864  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

merits,  and  finds  that  they  correspond  or  causes  them  to  correspond 
with  the  standards  in  his  possession,  he  shall  seal  or  mark  such 
weights,  measures  or  weighing  or  measuring  instruments  with  ap- 
propriate devices  to  be  approved  by  the  State  superintendent  of 
weights  and  measures.  He  shall  condemn  and  seize  and  may  destroy 
incorrect  weights,  measures  or  weighing  or  measuring  instruments 
which  can  not  be  repaired ;  and  such  as  are  incorrect  and  yet  may  be 
repaired,  he  shall  mark  or  tag  as  "condemned  for  repairs  " — in  a  man- 
ner prescribed  by  the  State  superintendent  of  weights  and  measures. 
The  owner  or  users  of  any  weights,  measures  or  weighing  or  measur- 
ing instruments  of  which  such  disposition  is  made,  shall  have  the 
same  repaired  or  corrected  within  ten  days  and  they  may  neither  use 
nor  dispose  of  the  same  in  any  way,  but  shall  hold  the  same  at  the 
disposal  of  the  sealer:  Provided,  That  State  sealers  may,  by  direc- 
tion of  the  secretary  of  state,  perform  the  duties  and  exercise  the 
powers  of  deputies  appointed  by  the  secretary  of  state,  pursuant  to 
the  provisions  of  [sec.  196]  chapter  142,  Laws  of  1915,  and  acts 
amendatory  thereto :  Provided  further,  That  deputies  appointed  by 
the  secretary  of  state  pursuant  to  the  provisions  of  chapter  142,  Laws 
of  1915,  and  acts  amendatory  thereto,  may,  by  direction  of  the  secre- 
tary of  state,  perform  the  duties  and  exercise  the  powers  of  [the 
secretary  of]  state  sealers  as  hereinbefore  set  forth. 

Sec.  7256.  City  sealers  in  cities  of  over  50,000. — There  shall  be  a  city 
sealer  of  weights  and  measures  in  cities  of  the  first  class  having  a 
population  of  more  than  fifty  thousand  people,  to  be  appointed  by 
the  mayor  from  a  list  to  be  furnished  by  the  civil  service  board,  and 
under  the  rules  of  said  board,  where  such  board  exists ;  otherwise  he 
shall  be  appointed  by  the  mayor  by  and  with  the  advice  and  consent 
of  the  common  council  or  city  commission.  He  shall  perform  in  said 
city  the  duties  and  have  like  powers  as  a  State  sealer:  Provided, 
however,  That  in  every  case  where  any  city  of  the  first  class  has 
heretofore  made,  or  may  hereafter  make  provision  by  charter  or 
ordinance  for  the  enforcement  of  proper  legal  weights  and  measures 
vesting  general  supervision  and  direction  in  any  official  at  the  head 
of  any  department  of  such  city,  such  official  for  the  purpose  of  this 
act,  shall  be  ex  officio  sealer  of  weights  and  measures  in  such  city, 
and  he  and  his  subordinate  or  subordinates,  shall  have  the  duties 
and  powers  of  city  sealers  of  weights  and  measures,  and  the  powers 
of  such  cities  relative  to  weights  and  measures  shall  be  additional  to 
the  powers  granted  such  city  by  law  or  charter:  And  provided  fur- 
ther, That  the  State  sealer  shall  exercise  no  powers  and  discharge  no 
duties  in  any  city  of  the  first  class  having  its  own  sealer  of  weights 
and  measures. 

Sec.  7257  (1913).  False  weights  and  measures,  using,  possessing,  re- 
moving tag  from;  using  unsealed  apparatus;  penalties. — Any  person, 
who,  by  himself  or  his  servant  or  agent  or  as  the  servant  or  agent 
of  another,  shall  use  or  retain  in  his  possession  a  false  weight  or 
measure  or  weighing  or  measuring  device,  or  any  weight  or  measure 
or  weighing  or  measuring  device  which  has  not  been  sealed  by  a 
sealer  of  weights  and  measures  within  one  year,  in  the  buying  or 
selling  of  any  commodity,  or  thing;  or  who  shall  dispose  of  any 
condemned  weight,  measure  or  weighing  or  measuring  device  con- 
trary to  law,  or  remove  any  tag  placed  thereon  by  the  sealer;  or 


WASHINGTON  865 

any  person  who,  by  himself  or  by  his  servant  or  agent,  or  as  the 
servant  or  agent  of  another,  shall  sell  or  offer  or  expose  for  sale 
less  than  the  quantity  he  represents;  or  sell  or  offer  or  expose  for 
sale  any  such  commodities  in  a  manner  contrary  to  law;  or  any 
person  who  by  himself  or  by  his  servant  or  agent  or  as  the  servant 
or  agent  of  another  shall  sell  or  offer  for  sale,  or  have  in  his  pos- 
session for  the  purpose  of  selling  any  device  or  instrument  to  be 
used  to  or  calculated  to  falsify  any  weight  or  measure,  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  twenty  (20)  dollars  nor  more  than  two  hundred  (200) 
dollars,  or  by  imprisonment  in  the  county  jail  not  more  than  three 
months,  or  both  such  fine  and  imprisonment  upon  a  first  conviction, 
but  upon  a  second  conviction  he  shall  be  punished  by  a  fine  of  not 
less  than  fifty  (50)  dollars,  nor  more  than  five  hundred  (500)  dollars, 
or  by  imprisonment  in  the  county  jail  not  more  than  six  months,  or 
both  such  fine  and  imprisonment. 

Sec.  7258.  Arrests,  etc.,  by  sealers. — The  superintendent  of  weights 
and  measures,  his  deputy  and  inspectors,  and  the  county  [State 
sealers]  and  city  sealer  of  weights  and  measures,  are  hereby  made 
special  policemen,  and  are  authorized  and  empowered  to  arrest, 
without  formal  warrant,  any  violator  of  the  statutes  in  relation 
to  weights  and  measures,  and  to  seize,  for  use  as  evidence,  and 
without  formal  warrant,  any  false  weight,  measure  or  weighing 
or  measuring  device  or  packages  or  amounts  of  commodities  found 
to  be  used,  retained  or  offered  or  exposed  for  sale,  or  sold  in  violation 
of  law. 

Sec.  7259.  Obstructing  officers;  penalty. — Any  person  who  shall 
hinder  or  obstruct,  in  any  way,  the  superintendent  of  weights  and 
measures,  his  deputy  or  inspectors,  or  any  county  or  city  sealer, 
in  the  performance  of  his  official  duties,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  punished  upon  conviction  thereof,  in  any 
court  of  competent  jurisdiction,  by  a  fine  of  not  less  than  twenty  (20) 
nor  more  than  two  hundred  ($200)  dollars  or  by  imprisonment  in 
the  county  jail  for  not  more  than  90  days  or  by  both  such  fine  and 
imprisonment. 

Sec.  7260,  as  amended  by  Laws,  1923,  ch.  126,  p.  342.  Butter,  sale  by 
standard  packages;  bread,  standard  loaves;  variations;  return  of  bread; 
potatoes ;  berries ;  coal ;  penalty ;  milk ;  vinegar ;  net  weight  or  measure  to 
govern;  ice;  official  weights;  penalty;  firewood;  standard  unit  or  load. — A 
standard  package  or  container  of  butter  in  the  State  of  Washington 
shall  contain  sixteen  (16)  ounces  net  weight  or  thirty-two  (32) 
ounces  net  weight,  and  a  standard  package  or  container  need  have  no 
statement  of  the  net  weight  of  its  contents. 

Whenever  butter  is  sold  or  offered  for  sale  in  a  package  or  con- 
tainer the  net  weight  of  which  is  more  or  less  than  the  standards 
herein  described,  such  package  or  container  shall  be  labeled  in  plain 
English  words  or  figures  with  the  correct  net  weight  of  its  contents 
expressed  in  pounds  and  ounces  together  with  the  name  of  the  manu- 
facturer or  jobber. 

That  no  person,  firm  or  corporation  shall  hereafter  manufacture, 
sell,  offer  or  expose  for  sale  bread,  except  in  the  following  weights, 
which  shall  be  net  weights  twelve  hours  after  baking:  One  pound, 
one  and  one-half  pounds,  two  pounds,  three  pounds,  four  pounds  and 


866  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

live  pounds,  or  other  pound  weights.  Variations  at  the  rate  of  one 
ounce  per  pound  over,  and  one  ounce  per  pound  under  above  specified 
unit  weights  are  permitted  in  individual  loaves,  but  the  average 
weight  of  not  less  than  twelve  loaves  of  any  one  unit  of  any  one  kind 
shall  not  be  less  than  the  weight  prescribed  by  these  regulations  for 
such  unit. 

That  no  person,  firm  or  corporation  engaged  in  the  manufacture 
of  bread,  or  other  bakery  products,  for  sale,  shall  hereafter,  directly 
or  indirectly  accept  under  any  guise  or  arrangement  whatever,  re- 
turns of  bread  or  other  bakery  products  from  any  person,  firm  or 
corporation,  nor  make  cash  payments,  nor  allow  credit  to  any  retailer 
or  other  person  for  any  unsold  bread  or  other  bakery  products;  nor 
shall  any  manufacturer  of  bread  or  other  bakery  products  exchange 
any  bread  or  other  bakery  products  for  other  bread  or  other  bakery 
products  previously  sold  by  said  manufacturer. 

A  standard  sack  of  potatoes  in  the  State  of  Washington  shall  con- 
tain one  hundred  (100)  pounds  net  weight,  and  a  standard  sack  of 
potatoes  need  have  no  statement  of  the  weight  of  its  contents.  When- 
ever potatoes  are  sold  by  the  sack,  in  sacks  containing  more  or  less 
than  the  standard,  such  sack  shall  be  labeled  in  plain  English  words 
or  figures  with  its  true  net  weight. 

All  sales  of  blackberries,  currents,  strawberries,  cranberries,  blue- 
berries, gooseberries,  cherries  and  similar  berries  in  packages  con- 
taining less  than  one  bushel,  shall  be  sold  by  the  dry  quart  containing 
67.2  cubic  inches  or  the  dry  pint  containing  33.6  cubic  inches,  and 
all  berry  boxes  sold,  used  or  offered  for  sale  within  the  State  shall 
be  of  the  interior  capacity  of  67.2  or  33.6  cubic  inches,  unless  the 
same  be  labeled  in  plain  English  words  or  figures  with  its  correct 
interior  capacity  expressed  thereon  in  cubic  inches.  Nothing  in  the 
above  section  shall  be  so  construed  as  to  prevent  the  sale  of  any  of 
the  articles  therein  mentioned  by  weight. 

A  standard  sack  of  coal  in  the  State  of  Washington  shall  contain 
one  hundred  (100)  pounds  net  weight  and  a  standard  sack  of  coal 
need  have  no  statement  of  the  net  weight  of  its  contents. 

Whenever  coal  is  sold  or  offered  for  sale  by  the  sack,  in  sacks  con- 
taining more  or  less  than  one  hundred  (100)  pounds  net  weight, 
such  sack  shall  be  labeled  in  plain  English  words  or  figures  with  the 
true  net  weight  of  its  contents  expressed  in  pounds.  It  shall  be  un- 
lawful for  any  person,  firm  or  corporation  or  their  agents,  servants 
or  other  employees  to  misrepresent  any  coal  offered  for  sale  or  to  sell 
coal  of  any  particular  name  or  designation,  or  from  any  particular 
mine  under  the  name  or  designation  of  another  coal  or  mine. 

All  milk,  cream  or  buttermilk  sold  in  the  State  of  Washington,  in 
bottles,  shall  be  sold  only  in  bottles  containing  one-half  pint,  one 
pint,  one  quart,  one-half  gallon  or  one  gallon  standard  liquid 
measure. 

All  vinegar  sold,  exposed  or  offered  for  sale  in  the  State  of  Wash- 
ington, in  bottles,  shall  be  sold  in  bottles  containing  one-half  pint, 
one  pint,  one  quart,  one-half  gallon  or  one  gallon  standard  liquid 
measure  and  when  so  sold  need  have  no  statement  of  the  net  measure 
of  its  contents. 

Whenever  vinegar  is  sold  in  the  State  of  Washington  in  bottles 
containing  more  or  less  than  mentioned  in  the  foregoing  section, 


WASHINGTON  867 

such  bottles  shall  be  labeled  in  plain  English  words  and  figures,  with 
its  true  net  measure. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  in  the 
State  of  Washington  to  buy  any  commodity  upon  the  basis  of  weight 
or  measure  except  the  same  be  bought  upon  the  basis  of  the  true 
net  weight  or  measure  and  unless  the  scales  or  measures  so  used 
shall  bear  the  seal  of  a  sealer  of  weights  and  measures  and  conform 
to  the  standards  adopted  by  the  State  of  Washington. 

Every  vendor  of  ice  in  the  State  of  Washington  shall  at  the  time 
of  actual  delivery  of  any  ice  sold,  weigh  the  quantity  of  ice  delivered, 
and  for  that  purpose  shall  use  a  steelyard  balance  or  other  apparatus 
for  weighing  such  ice,  which  shall  have  been  duly  adjusted  and  sealed 
by  a  duly  appointed  sealer  of  weights  and  measures  in  accordance 
with  the  provisions  of  the  laws  of  the  State  of  Washington,  and  all 
ice  delivered  to  consumers  within  this  State  shall  be  sold  by  avoir- 
dupois weight  unless  it  is  otherwise  specially  agreed  upon  between 
the  buyer  and  the  seller. 

Each  and  every  pair  of  ice  tongs  used  in  the  delivery  of  ice  within 
said  State  shall  have  prominently  and  conspicuously  stamped  thereon 
the  exact  and  true  avoirdupois  weight  of  said  tongs. 

It  shall  be  unlawful  for  any  vendor,  or  his  servant,  agent  or  other 
employee  in  the  State  of  Washington,  to  offer  to  sell,  or  sell,  or  sell 
and  deliver  any  commodity  ordinarily  and  usually  sold  in  bulk  or 
quantity  by  weight  or  measure,  unless  the  same  be  weighed  or  meas- 
ured as  the  case  may  be  upon  or  by  officially  tested  and  approved 
weights,  measures,  scales,  scale-beams,  patent  balances,  steelyards, 
automatic  or  computing  scale  or  other  instruments  for  weighing  or 
measuring,  and  unless  that  portion  of  such  commodity  so  offered 
for  sale  or  sold  by  weight  or  measure  shall  be  the  true  net  weight 
or  measure. 

It  shall  be  unlawful  for  any  vendor  of  firewood  in  the  State  of 
Washington,  or  his  servant,  agent  or  other  employees  to  sell  or  offer 
for  sale  the  same  in  the  State  in  any  quantity  or  by  any  measures 
except  by  the  cord  or  fractional  part  thereof.  The  standard  meas- 
urements of  a  cord  of  fireAvood  in  this  State  is  hereby  fixed  and 
established  at  one  hundred  twenty-eight  (128)  cubic  feet:  Provided* 
however,  That  wood  sixteen  (16)  inches  or  less  in  length  may  be  sold 
without  being  measured  as  above  provided,  but  if  so  sold  by  the  unit 
or  load  or  fractional  part  thereof,  such  wood  shall  be  measured  by 
throwing  the  same  loosely  or  at  random  into  a  rectangular  box  or 
container  and  when  so  measured  one  hundred  ninety-two  (192)  cubic 
feet  shall  constitute  a  unit  or  load  of  wood. 

Every  vendor  of  firewood,  his  servant,  agent  or  other  employees 
shall,  with  every  delivery  of  firewood,  deliver  to  the  purchaser  a  sales 
ticket  or  bill  in  writing  containing  the  vendor's  name  and  address, 
and  a  true  statement  of  the  quantity  delivered  and  the  price  thereof, 
and  the  kind  and  condition  of  the  same. 

Any  person  violating  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor. 

Sec.  7260a  (1919).  Standard  package  or  container  for  cranberries. — A 
standard  package  or  container  for  cranberries  in  this  State  shall  con- 
tain one  thousand  nine  hundred  forty-two  (1,942)  cubic  inches  and 


868  LAW«  CONCERNING  WEIGHTS  AND  MEASURES 

be  equivalent  to  one-third  of  a  United  States  cranberry  barrel,8  and 
need  have  no  statement  of  its  cubical  contents  but  shall  be  marked 
in  plain  letters,  not  less  than  one-quarter  inch  in  height,  "  ONE- 
THIRD  UNITED  STATES  CRANBERRY  BARREL,"  or  the 
net  weight  of  the  contients  [contents]  thereof. 

Sec.  7260b.  Marking  less  than  standard  packages  at  wholesale. — All 
cranberries  offered  for  sale  at  wholesale  in  this  State,  in  packages 
or  containers,  the  cubical  contenfits  [contents]  of  which  are  less  than 
the  standard  above  defined,  shall  be  marked  in  plain  letters  and  fig- 
ures, not  less  than  one-quarter  inch  in  height,  with  the  cubical  con- 
tents in  inches  or  the  net  weight  of  the  contents. 

Sec.  7260c.  Standard  for  retail  sales. — Cranberries  sold  at  retail  shall 
be  sold  by  dry  measure  quarts  containing  sixty-seven  and  two-tenths 
(67.2)  cubic  inches,  or  dry  measure  pints  containing  thirty-three  and 
six-tenths  (33.6)  cubic  inches  or  by  weight. 

Sec.  7260d.  Penalty. — Every  person  violating  any  provision  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  7261  (1913).  Public  service  commission's  powers  not  abrogated. — 
Nothing  contained  in  this  act 4  shall  be  construed  as  withdrawing  or 
superseding  the  powers  and  duties  of  the  public  service  commission 
of  Washington  with  respect  to  track  scales  and  other  weighing  de- 
vices used  by  common  carriers,  but  the  standards  herein  established 
shall  be  used  in  testing  the  track  scales  and  weighing  devices  of  such 
carrier. 

Sec.  7262  (1907).  Coal,  weight  of  gross  and  net  ton.— That  2,240 
pounds  shall  constitute  a  gross  ton  of  coal,  and  2,000  pounds  shall 
constitute  a  net  ton  of  coal. 

Sec.  7263.  Penalty  for  short  weight. — Any  person  selling  less  than 
2,000  pounds  for  a  ton  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  twenty-five  dollars 
($25.00)  nor  more  than  five  hundred  dollars  ($500.00)  or  imprisoned 
in  the  county  jail  not  less  than  ten  days  nor  more  than  six  months, 
or  fined  and  imprisoned  both,  in  the  discretion  of  the  court. 

Sec.  7264  (1903).  Standard  size  for  apple  and  pear  boxes. — There  is 
hereby  created  and  established  a  standard  size  for  apple  boxes  and 
pear  boxes  for  the  State  of  Washington. 

Sec.  7265.  Same ;  measurements. — The  standard  size  of  an  apple  box 
shall  be  eighteen  inches  long,  eleven  and  one-half  inches  wide,  ten 
and  one-half  inches  deep,  inside  measurement.  The  standard  size 
of  a  pear  box  shall  be  eighteen  inches  long,  eleven  and  one-half 
inches  wide,  eight  inches  deep,  inside  measurement. 

Sec.  7266  (1890).  Unit  of  water.— That  the  unit  of  measure  for 
water  for  irrigation,  mining,  milling  and  mechanical  purposes  in 
this  State  shall  be  a  cubic  foot  of  water  per  second  of  time. 

Sec.   7204    (1917).  Units  of  measurement. — The  legally  recognized 

units  of  water  measurement  shall  be  as  follows :  For  flowing  water 

one  cubic  foot  of  water  per  second  of  time,  and  to  be  designated 
"  second-foot."  For  absolute  volume  or  quantity  of  water — forty- 
three  thousand  five  hundred  sixty  cubic  feet  of  water,  and  to  be 
designated  "  acre-foot.*' 

8  See  p.  20  relative  to  Federal  standard  barrel. 

*  Sec.  7261  was  enacted  as  sec.  10  of  ch.  52,  Laws  of  1913.  which  includes  sees  7251 
to  7260.  inclusive,  except  7253,  supra. 


WASHINGTON  869 

Sec.  7267  (1890).  Deduction  of  tare  on  hops;  bale  of  hops. — The 
amount  of  tare  to  be  deducted  from  the  gross  weight  of  each  bale  of 
hops  grown  and  hereafter  sold  in  this  State  is  hereby  fixed  at  five 
pounds  per  bale.  Five  yards  of  baling  cloth  is  the  maximum  quan- 
tity to  be  used  in  making  the  bale,  and  the  standard  weight  of  each 
yard  of  baling  cloth  is  hereby  fixed  at  from  twenty-four  to  thirty 
ounces.  The  standard  weight  for  a  bale  of  hops  is  hereby  fixed  at 
from  one  hundred  and  seventy-five  to  two  hundred  and  ten  pounds. 
Any  vendor  of  hops  using  heavier  sacking  than  that  specified  in  this 
section,  or  using  any  extraneous  matter  in  the  baling  thereof,  shall 
have  the  same  deducted  as  additional  tare. 

Pierce's  Code,  1921,  Vol.  1,  p.  842. 

Sec.  2722,  as  amended  by  Laws,  1923,  ch.  37,  p.  84.  Packages  containing 
apples,  pears,  or  peaches  to  be  marked  with  net  weight  or  number. — It 
shall  be  the  duty  of  every  person  growing  or  packing  and  selling, 
offering  for  sale  or  shipping  in  closed  boxes  or  packages,  any  fruit 
grown  in  this  State,  to  plainly  mark  the  same  on  the  outside  of  the 
box  or  package  with  the  name  of  the  variety  contained  therein  or 
with  the  words  "  variety  unknown,"  the  name  of  the  place  or  locality 
where  grown  and  the  name  of  the  grower,  or  in  case  of  sale  or  ship- 
ment through  an  association  or  organization  of  growers,  the  name  of 
such  association  or  organization  and  the  lot  number  of  the  grower, 
and,  in  case  of  apples,  pears,  or  peaches,  the  net  weight  or  the  num- 
ber contained  in  the  package     *     *     *. 

Pierce's  Code,  1921,  Vol.  1,  p.  10. 

Sec.  4-1  (1921).  Administrative  code. — This  act  shall  be  known  and 
may  be  cited  as  the  administrative  code. 

Sec.  4-2.  Departments  created. — There  shall  be,  and  are  hereby  cre- 
ated, departments  of  the  State  government  which  shall  be  known 
respectively  as,  (1)  the  department  of  public  works,  *  *  *  (8) 
the  department  of  agriculture,  *  *  *  which  departments  shall 
be  charged  respectively  with  the  execution,  enforcement,  and  ad- 
ministration of  such  laws,  and  invested  with  such  powers  and  re- 
quired to  perform  such  duties,  as  the  legislature  may  provide. 

Sec.  4-83.  Department  of  agriculture,  divisions. — The  department  of 
agriculture  shall  be  organized  into,  and  consist  of,  five  divisions,  to 
be  known  respectively  as,  (1)  the  division  of  agriculture,  (2)  the 
division  of  horticulture,  (3)  the  division  of  dairy  and  livestock,  (4) 
the  division  of  foods,  feeds,  drugs,  and  oils,  and  (5)  the  division  of 
weights  and  measures.  The  director  of  agriculture  shall  have  charge 
and  general  supervision  of  the  department  and  shall  receive  a  salary 
of  not  to  exceed  seventy-five  hundred  dollars  per  annum. 

Sec.  4-87.  Supervisor  of  foods,  feeds,  drugs,  and  oils. — The  director 
of  agriculture  shall  have  the  power  to  appoint  and  deputize  an 
assistant  director,  to  be  known  as  the  supervisor  of  foods,  feeds, 
drugs,  and  oils,  who  shall  have  charge  and  supervision  of  the  divi- 
sion of  foods,  feeds,  drugs,  and  oils,  and,  with  the  approval  of  the 
director,  shall  have  power  to  appoint  and  deputize  such  inspectors, 
and  to  appoint  and  employ  such  clerical  and  other  assistants,  as  may 
bet  necessary  to  carry  on  the  work  of  the  division. 

Sec.  4-88.  Supervisor  of  weights  and  measures. — The  director  of  agri- 
culture shall  have  the  power  to  appoint  and  deputize  an  assistant 


870  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

director,  to  be  known  as  the  supervisor  of  weights  and  measures, 
who  shall  have  charge  and  supervision  of  the  division  of  weights 
and  measures,  and,  with  the  approval  of  the  director,  shall  have 
power  to  appoint  and  deputize  such  sealers,  testers,  and  inspectors, 
and  to  appoint  and  employ  such  clerical  and  other  assistants,  as  may 
be  necessary  to  carry  on  the  work  of  the  division. 

Sec.  4-94.'  Powers  and  duties  of  department  of  agriculture  regarding 
weights  and  measures. — The  director  of  agriculture  shall  have  the 
power,  and  it  shall  be  his  duty,  through  and  by  means  of  the  divi- 
sion of  weights  and  measures : 

(1)  To  exercise  all  the  powers  and  perform  all  the  duties  relating 
to  weights  and  measures,  now  vested  in,  and  required  to  be  performed 
by,  the  secretary  of  state,  the  superintendent  of  weights  and  meas- 
ures, the  deputy  superintendent  of  weights  and  measures,  the  in- 
spector of  weights  and  measures,  and  the  State  sealers. 

Pierce's  Code,  1921,  Vol.  1,  p.  202. 

Sec.  678  (1890).  Cities  may  regulate  weights  and  measures. — Any  such 
city  [of  the  first  class,  having  a  populaton  of  twenty  thousand  or 
more  inhabitants]  shall  have  power     *     *     * 

16.  To  establish  and  regulate  markets,  and  to  provide  for  the 
weighing,  measuring,  and  inspection  of  all  articles  of  food  and  drink 
offered  for  sale  thereat,  or  at  any  other  place  within  its  limits,  by 
proper  penalties,  and  to  enforce  the  keeping  of  proper  legal  weights 
and  measures  by  all  venders  in  such  city,  and  to  provide  for  the 
inspection  thereof;     *     *     *. 

Pierce's  Code,  1921,  Vol.  1,  p.  774. 

Sec.  2538,  as  amended  by  Laws,  1923,  ch.  36,  p.  80.—  *  *  *  For 
the  purposes  of  this  act  an  article  shall  also  be  deemed  to  be  mis- 
branded:     *     *     * 

In  the  case  of  food:  *  *  *  Third.  If  in  package  form,  the 
quantity  of  the  contents  be  not  plainly  and  conspicuously  marked  on 
the  outside  of  the  package  in  terms  of  weight,  measure  or  numerical 
count :  Provided,  however,  That  the  reasonable  variations  shall  be 
permitted,  and  tolerances  and  also  exemptions  as  to  small  packages 
shall  be  established  by  rules  and  regulations  made  in  accordance 
with  the  provisions  of  chapter  168,  Session  Laws  of  1917.     *     *     * 

Pierce's  Code,  1921,  Vol.  2,  p.  2578. 

Sec.  8894  (1909).  "Using  false  weights  and  measures. — Every  person 
who  shall  injure  or  defraud  another  by  using,  with  knowledge  that 
the  same  is  false,  a  false  weight,  measure  or  other  apparatus  for  de- 
termining the  quantity  of  any  commodity  or  article  of  merchandise, 
or  by  knowingly  misrepresenting  the  quantity  thereof  bought  or 
sold;  or  who  shall  retain  in  his  possession  any  weight  or  measure, 
knowing  it  to  be  false,  unless  it  appears  beyond  a  reasonable  doubt 
(hat  it  was  so  retained  without  intent  to  use  it  or  permit  it  to  be  used 
in  violation  of  the  foregoing  provisions  of  this  section,  shall  be 
guilty  of  a  gross  misdemeanor. 

Pierce's  Code,  1921,  Vol.  2,  p.  2628. 

Sec.  9131-9  (1877).  Charcoal  measure. — All  baskets  for  measuring 
charcoal,  in  this  State  shall  contain  two  bushels  and  shall  be  of  the 


WASHINGTON  871 

following  dimensions,  viz:  Nineteen  (19)  inches  in  breadth  in  every 
part  thereof,  and  seventeen  and  one-half  inches  (17!/^)  deep,  meas- 
uring from  the  top  of  the  basket  to  the  highest  part  of  the  bottom 
and  be  well  heaped :  Provided,  That  nothing  in  this  act  shall  be  con- 
strued so  as  to  prevent  the  use  of  any  basket,  box  or  other  measure  in 
conformity  with  the  standard  of  measurements  as  provided  in  this 
section. 

Sec.  9131-10.  Penalty. — Any  person  or  persons  who  shall  violate  the 
provisions  of  the  preceding  section  shall  be  liable  to  a  fine  of  five 
dollars  for  each  and  every  offense  so  committed,  to  be  collected  in 
similar  manner  as  other  fines  for  similar  cases  are  now  collected,  and 
all  fines  collected  as  aforesaid  shall  belong  to  the  school  fund  of  the 
county  in  which  such  offense  or  offenses  may  have  been  committed. 

Pierce's  Code,  1921,  Vol.  1,  p.  26. 

Sec.  84-3  (1919).  Commercial  feeding  stuff,  net  pounds,  to  be  shown. — 
Any  person,  company,  corporation  or  agent,  that  shall  sell,  offer  or 
expose  for  sale,  any  concentrated  commercial  feeding  stuff  in  this 
State  shall  *  *  *  affix  or  cause  to  be  affixed  to  every  package  or 
sample  of  such  concentrated  commercial  feeding  stuff,  in  a  con- 
spicuous place  on  the  outside  thereof,  a  tag  or  label,  which  shall  be 
accepted  as  a  guarantee  of  the  manufacturer,  importer,  dealer,  or 
agent,  and  which  shall  have  plainty  printed  thereon,  in  the  English 
language,  the  number  of  net  pounds  of  concentrated  commercial 
feeding  stuff  in  the  package  or  bulk  shipment,  the  name,  brand  or 
trade-mark  under  which  the  concentrated  commercial  feeding  stuff  is 
sold,  the  name  and  address  of  the  manufacturer,  importer,  dealer 
or  agent,     *     *     *. 

Sec.  85  (1899).  Commercial  fertilizers,  weight  to  be  marked. — Every 
lot  or  parcel  of  commercial  fertilizers  or  material  used  for  manurial 
purposes  sold,  offered  or  exposed  for  sale  within  this  State,  the  retail 
price  of  which  is  ten  dollars  or  more  per  ton,  shall  be  accompanied 
by  a  plainly  printed  label,  stating  clearly  and  truly  the  number  of 
ten  pounds  of  fertilizer  in  the  package,  the  name,  brand  or  trade- 
mark under  which  the  fertilizer  is  sold,  the  name  and  address  of  the 
manufacturer  or  importer,  the  place  of  manufacture     *     *     *. 

Pierce's  Code,  1921,  Vol.  1,  p.  1564. 

Sec.  5546  (1911).  Railroads  to  provide  facilities  for  testing  track 
scales ;  test  car  or  device ;  track  scales  tested ;  fees. — It  shall  be  the  duty 
of  all  railroads  operating  in  this  State,  to  provide  suitable  facilities 
for  the  testing  of  all  trade  scales  used  by  such  railroads.  The  com- 
mission [public  service  commission]  is  hereby  authorized,  after  a 
hearing,  upon  its  own  motion  and  after  notice  to  the  railroads  operat- 
ing in  this  State,  to  order  a  suitable  car  or  other  device  or  facility 
to  be  provided  by  the  railroad  companies  operating  in  this  State,  to 
be  used  in  testing  the  track  scales  used  by  such  railroads,  the  expenses 
of  providing  such  car,  device  or  facility  to  be  equitably  and  reason- 
ably apportioned  among  the  different  railroad  companies  by  the  com- 
mission. Such  car,  device  or  facility  shall  be  used  by  the  commission 
to  test  the  accuracy  of  all  track  scales,  and  the  different  railroad  com- 
panies shall  transport  and  move  such  car,  device  or  facility  without 
charge  therefor,  to  the  different  places  designated  by  the  commission 
under  such  reasonable  rules  and  regulations  as  the  commission  may 


872  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

prescribe.  Such  car,  device  or  facility  may  be  used  in  adjoining 
States  to  test  the  scales  of  railroad  companies  and  for  that  purpose 
may  be  taken  beyond  the  limits  of  the  State  under  such  reasonable 
rules  and  regulations  for  the  due  care  and  return  thereof  as  the  com- 
mission may  prescribe.  The  commission  is  hereby  authorized  to  pre- 
scribe and  collect  a  reasonable  fee  sufficient  to  cover  the  cost  and 
expenses  connected  therewith  for  the  inspection  and  testing  of  all 
scales. 

Sec.  5587.  Weighing  of  freight;  scale  tests. — The  commission  shall 
have  power  to  enforce  reasonable  regulations  for  the  weighing  of 
cars  and  freight  offered  for  shipment  over  any  line  of  railroad,  and 
to  test  the  weights  made  by  any  railroad  and  scales  used  in  weighing 
freight  on  cars. 

Sec.  5679  (al907).  Equipment  of  flat  cars;  stakes;  weight  deducted. — 
The  stakes,  standards,  supports,  stays,  railings  and  other  equipments, 
appliances  and  contrivances  necessary  to  effectually  and  suitably 
equip  and  supply  every  and  all  flat  cars,  and  cars  belonging  to  any 
and  every  railroad  company,  or  person  engaged  in  the  business  of 
carrying  for  hire  in  this  State  shall  constitute  and  be  held  con- 
sidered part  and  parcel  of  said  cars,  and  the  weight  of  same  shall  be 
added  to  the  weight  of  the  cars,  and  shall  be  deducted  from  the 
weight  of  the  cargo,  commodity,  or  product  shipped  on  any  and  all 
such  flat  car  or  cars  so  that  the  freight  charges  shall  be  charged  by 
the  carrier  only  on  the  cargo,  commodity  or  product  carried. 

Sec.  5683  (1905).  Scales  at  junctions. — That  all  railroad  companies 
operating  as  common  carriers  within  the  limits  of  this  State  shall 
hereafter  be  required  to  provide  scales,  and  weigh  at  junction  or  at 
some  common  point  within  this  State  all  cars  loaded  with  lumber, 
shingles  or  other  forest  products  for  shipment. 

Sec.  5684.  Charges,  how  based. — All  charges  for  freight  on  said  com- 
modities, except  where  error  is  apparent,  shall  be  based  on  the 
weights  determined  by  the  weighing  stations  within  the  limits  of 
this  State,  and  all  bills  of  lading  of  railroad  companies  operating 
within  the  limits  of  this  State  shall  specify  these  provisions:  Pro- 
vided, This  act  shall  not  apply  to  switching  charges  or  to  the  han- 
dling of  logs  where  the  charge  is  by  the  car  or  by  the  thousand 
feet. 

Sec.  5685.  Statement  of  weight;  shipper's  count. — Any  railroad  com- 
pany's employe  acting  as  weigher  shall  upon  request  of  any  shipper 
give  him  a  statement  showing  gross  and  net  weight  of  any  shipment 
by  him.  Sworn  count  and  weight  of  shipper  shall  be  presumptive 
evidence  of  true  weight  where  error  in  railroad  weights  is  apparent. 

Sec.  5686.  Cars  weighed  separately. — All  cars  shall  be  weighed  on  the 
scales  separately,  and  not  attached  to  other  cars,  and  at  a  stand- 
still. 

Sec.  5687.  Penalty  for  violation. — In  case  of  violation  of  the  pro- 
visions of  this  act  by  any  railroad  company,  it  shall  pay  a  penalty 
of  twenty  dollars  ($20)  for  every  car  it  shall  neglect  to  weigh  and 
bill  within  the  State  as  above  provided,  to  be  recovered  from  such 
company  in  action  where  there  is  any  agent  of  such  railroad  company 
who  may  be  served  with  process,  and  the  penalties  recovered  under 
this  act  shall  be  paid  into  the  county  treasury  in  such  county  where 
action  is  taken. 


WASHINGTON  873 

Sec.  5688.  May  contract  regarding  weights,  when. — Nothing  con- 
tained in  this  bill  shall  interfere  with  the  right  of  the  shipper  and 
carrier  to  enter  into  a  private  contract  regarding  weights  when  it  is 
impracticable  to  weigh. 

Sec.  5689  (1901).  Railroads  to  provide  scales;  freight  charges  based  on 
weight. — All  railroad  companies  operating  any  railroad  or  any  part 
thereof  within  the  limits  of  this  State  are  required  to  provide  scales 
and  weigh  at  some  common  point  or  points  within  this  State  all 
cars  loaded  with  lumber,  shingles  or  any  other  forest  products 
destined  for  shipment  to  any  and  all  points  within  the  limits  of 
the  State,  and  also  carload  shipments  of  said  commodities  to  any 
and  all  points  outside  of  the  limits  of  this  State.  Also  that  charges 
for  freight  on  said  commodities  be  based  on  the  weights  determined 
by  the  weighing  stations  within  the  limits  of  this  State.  Also  that 
all  bills  of  lading  of  railroads  operating  within  the  limits  of  this 
State  specify  said  provision. 

Pierce's  Code,  1921,  Vol.  1,  p.  816. 

Sec.  2642  (1919).  Public  warehouse;  terminal  warehouse. — The  term 
public  warehouse  when  used  in  this  act,  includes  any  elevator,  mill, 
warehouse  or  structure  in  which  grain,  hay  or  peas  are  received  from 
the  public  for  storage,  shipment  or  handling,  whenever  such  grain, 
hay  or  peas  are  carried  or  intended  to  be  carried  to  or  from  such 
warehouse,  elevator,  mill  or  structure  by  a  common  carrier. 

The  term  terminal  warehouse,  when  used  in  this  act,  includes  any 
public  warehouse  situate  in  Seattle,  Tacoma,  Spokane  or  other 
cities  in  the  State  which  may  be  hereafter  designated  as  inspection 
points.     *     *     * 

The  term  commission  when  used  in  this  act  means  the  public  serv- 
ice commission  of  Washington. 

Sec.  2643.  Duties  of  public  service  commission. — The  commission  shall 
exercise  general  supervision  over  the  handling,  weighing,  inspecting 
and  storage  of  grain,  hay  and  peas  and  the  inspection,  grading  and 
weighing  of  other  commodities  included  in  the  provisions  of  this 
act  and  the  regulation  of  public  and  terminal  warehouses.  Such 
commission  shall  investigate  all  complaints  of  fraud  and  injustice 
in  the  grain  and  hay  trade  and  in  the  trade  in  the  other  commodities 
included  in  the  provisions  of  this  act,  fix  the  charges  of  public  and 
terminal  warehouses  and  make  all  necessary  rules  and  regulations 
for  carrying  out  and  enforcing  the  provisions  of  this  act,  and  of  all 
laws  of  the  State  relating  to  this  subject. 

Sec.  2644.  Chief  inspector;  salary. — The  commission,  with  the  ap- 
proval of  the  governor,  shall  appoint  a  chief  inspector,  who  shall  be 
thoroughly  familiar  with  the  grains,  grain  products  and  forage 
crops  of  Washington  and  who  shall  have  had  at  least  five  years'  ex- 
perience in  the  handling  of  such  products.  *  *  *  He  shall  re- 
ceive such  salary  as  the  commission  may  determine  upon,  in  no  event 
to  exceed  twenty-five  hundred  dollars  ($2,500.00)  per  annum,  and 
necessary  traveling  expenses  and  shall  reside  at  Tacoma. 

Sec.  2645,  as  amended  by  laws,  1921,  ch.  145,  p.  540.  Appointment  of 
deputies,  etc. — The  chief  inspector,  with  the  approval -of  the  commis- 
sion, shall  appoint  such  number  of  deputies,  inspectors,  samplers 
and  weighers,  who  shall  be  designated  as  inspectors,  as  may  be  neces- 
sary to  properly  and  thoroughly  inspect  and  weigh  the  commodities 


874  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

included  in  the  provisions  of  this  act  and  such  other  employees  as 
may  be  necessary.  One  of  such  inspectors  in  each  of  the  cities  of 
Seattle,  Tacoma,  Spokane,  Everett  and  Yakima  and  such  other  places 
as  may  be  designated  by  the  commission,  shall  be  styled  chief  deputy 
inspector.     *     *     * 

Sec.  2649,  as  amended  by  Laws,  1921,  ch.  145,  p.  540.  State  inspection 
and  weighing. — The  cities  of  Seattle,  Tacoma,  Spokane,  Everett  and 
Yakima  shall  be  provided  with  State  inspection  and  weighing  under 
this  act.  Such  other  cities  and  towns  or  districts  where  commodities 
included  in  the  provisions  of  this  act,  are  received  or  shipped  by 
common  carrier,  and  the  shipments  are  such  as  would  reasonably 
justify  and  render  necessary  the  inspection  and  weighing  thereof, 
may  be  designated  by  the  commission  as  inspection  points  and  be 
provided  with  State  inspection  and  weighing:  Provided,  That  the 
expenditure  for  the  inspection  and  weighing  at  each  of  such  points 
designated  by  the  commission  shall  not  exceed  the  receipts  of  the  fees 
at  such  place. 

Sec.  2653,  as  amended  by  Laws,  1923,  ch.  48,  p.  143.  Certain  commodi- 
ties may  be  weighed  and  graded,  when;  fees.— The  director  of  the  de- 
partment of  agriculture  shall  fix  and  establish  standard  grades  to 
apply  to  all  grain  and  hay,  bought  or  handled  by  the  public  or 
terminal  warehouses,  or  bought  according  to  State  grades  in  this 
State.  *  *  *  The  director  may  authorize  the  weighing  and  grad- 
ing, upon  request  of  any  interested  party,  of  commodities  of  com- 
merce, other  than  grain  or  hay,  such  as  grain  or  hay  products,  rice, 
beans  and  other  similar  articles,  nitrates  and  other  fertilizers,  sul- 
phur and  other  chemicals  used  in  the  arts  or  in  manufacturing, 
when  same  are  received  from  or  delivered  to  any  rail  or  water  car- 
rier in  the  State  in  commercial  transportation,  and  may  authorize 
the  certification  of  the  weights  and  grades  thereof.  Fees  for  such 
service,  sufficient  to  cover  the  cost  thereof,  shall  be  fixed  by  the 
director.     *     *     * 

Sec.  2670,  as  amended  by  Laws,  1921,  ch.  145,  p.  540.  Side  tracks;  track 
scales;  penalty;  inspection  of  scales. — Any  railroad  delivering  grain  or 
hay  in  cars  at  any  of  the  places  provided  with  State  inspection  under 
this  act  shall  provide  convenient  and  suitable  side  tracks  and  loading 
facilities  at  such  places  as  the  commission  may  designate,  on  which 
all  cars  of  grain  or  hay  delivered  by  them  shall,  upon  arrival,  be  set 
and  arranged  convenient  for  inspection,  and  after  inspection  such 
railroad  company  shall  promptly  distribute  all  such  cars  of  grain 
and  hay  and  set  them  at  the  proper  place  or  places  to  be  unloaded 
as  designated  by  the  consignor  or  consignee.  Such  railroad  com- 
pany shall  provide  at  such  place  or  places  as  the  commission  may 
designate  suitable  track  scales  for  weighing  cars  of  grain  or  hay. 
Such  scales  shall  be  under  the  control  of  the  commission.  It  shall 
be  the  duty  of  the  commission  to  require  the  railroad  company  to 
correct  all  scales  so  provided  as  often  as  may  be  necessary  to  insure 
the  correct  weighing  of  grain  or  hay.  Whenever  scales  have  been 
installed  by  any  railroad  company  as  above  provided  such  scales 
shall  be  used  in  weighing  all  grain  or  hay  received  over  the  line  of 
such  railway  and  it  shall  be  the  duty  of  the  railroad  company  to 
weigh  cars  loaded  with  grain,  hay  or  other  commodities  included 
in  the  provisions  of  this  act,  while  loaded  and  to  reweigh  the  car 


WASHINGTON  875 

when  the  load  has  been  removed  therefrom.  Failure  or  neglect  to 
carry  out  the  provisions  of  this  act  by  any  railroad  company  shall 
subject  it  to  a.  fine  of  not  less  than  twenty -five  ($25.00)  nor  more 
than  one  hundred  dollars  ($100.00)  for  each  offense:  Provided,  That 
if  any  terminal  warehouse  in  inspection  cities  are  provided  with 
proper  scales  and  weighing  facilities,  the  chief  inspector  or  his 
deputy  may  weigh  the  grain  upon  the  scales  so  provided.  The  com- 
mission at  least  once  each  year  shall  cause  to  be  examined,  tested 
and  corrected  all  scales  used  in  weighing  grain  or  hay  in  any  of 
the  cities  designated  as  inspection  points  in  this  act  or  such  places 
as  may  be  hereinafter  designated,  and  after  such  scale  is  tested,  if 
found  to  be  correct  and  in  good  condition,  to  seal  the^  weights  with 
a  seal  provided  for  that  purpose  and  issue  to  the  owner  or  pro- 
prietor a  certificate  authorizing  the  use  of  such  scales  for  weighing 
grain  or  hay  for  the  ensuing  year,  unless  sooner  revoked  by  the  com- 
mission. If  such  scales  be  found  to  be  inaccurate  or  unfit  for  use, 
the  commission  shall  notify  the  party  operating  or  using  them,  and 
the  party  thus  notified  shall,  at  his  own  expense,  thoroughly  repair 
the  same  before  attempting  to  use  them,  and  until  thus  repaired 
to  the  satisfaction  of  the  commission,  the  certificate  of  such  party 
shall  be  suspended  or  revoked,  in  the  discretion  of  the  commission. 
The  party  receiving  such  certificate  shall  pay  to  the  commission  a 
reasonable  fee  for  such  inspection  and  certificate  to  be  fixed  by  the 
commission,  which  sum  shall  be  paid  into  the  State  treasury.  It 
shall  be  the  duty  of  the  said  commission  to  see  the  provisions  of  this 
section  are  strictly  enforced. 

Sec.  2670a  (1921).  Director  of  agriculture;  powers. — When  the  direc- 
tor of  agriculture  shall  be  appointed,  qualify,  assume  and  exercise 
the  duties  of  his  office,  under  the  provisions  of  chapter  7  of  the  laws 
of  1921,  he  shall  through  and  by  means  of  the  division  of  agricul- 
ture, exercise  all  the  powers  and  perform  all  the  duties  by  this  act 
vested  in,  and  required  to  be  performed  by,  the  public  service  com- 
mission of  Washington. 

Sec.  2672  (1919).  Shipper's  weight  and  grade,  where  conclusive. — 
When  grain,  hay  or  peas  are  shipped  to  points  where  inspection  is 
provided  and  the  bill  of  lading  does  not  contain  the  notation  "  Not 
for  terminal  weight  and  grade"  and  the  grain  or  hay  is  unloaded 
by  or  on  account  of  the  consignee  or  his  assignee  without  being  in- 
spected or  weighed  by  a  duly  authorized  inspector  under  the  pro- 
visions of  this  act,  the  shipper's  weight  and  grade  shall  be  con- 
clusive and  final  and  shall  be  the  weight  and  grade  upon  which  set- 
tlement shall  be  made  with  the  seller,  and  the  consignee  or  his  as- 
signee, by  whom  such  grain,  hay  or  peas  are  so  unlawfully  un- 
loaded shall  be  liable  to  the  seller  thereof  for  liquidated  damages 
in  an  amount  equal  to  ten  per  cent  of  the  scale  [sale]  price  of  such 
hay,  grain  or  peas  computed  on  the  basis  of  the  shipper's  weight 
and  grade. 

Sec.  2673.  Penalty  for  violations  of  act;  offenses  by  officers  and  em- 
ployees ;  offenses  by  other  persons. — Any  railroad  companj^  or  common 
carrier  or  other  corporation,  and  any  warehouseman,'  which  shall 
violate  or  fail  to  comply  with  any  provision  of  this  act,  or  which 
fails,  omits  or  neglects  to  obey,  observe  or  comply  with  any  order, 
rule  or  any  direction,  demand  or  requirement  of  the  commission 


876  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

made  under  the  provisions  of  this  act,  shall  be  subject  to  a  penalty 
of  not  to  exceed  the  sum  of  one  thousand  dollars  ($1,000.00)  for  each 
and  every  offense,  and  every  such  violation  shall  be  a  separate  and 
distinct  offense,  and  in  case  of  a  continuing  violation,  every  day's 
continuance  thereof  shall  be,  and  be  deemed  to  be,  a  separate  and 
distinct  offense. 

Every  officer,  agent  or  employe  of  any  railroad  company  or  com- 
mon carrier,  or  other  corporation,  or  any  warehouseman,  who  shall 
violate  or  fail  to  comply  with,  or  who  procures,  aids  or  abets  any 
violation  by  any  such  railroad  company  or  common  carrier,  or  other 
corporation  or  warehouseman,  of  any  provisions  of  this  act,  or  who 
shall  fail  to  obey,  observe  or  comply  with  any  order  of  the  commis- 
sion, or  any  provision  of  any  order  of  the  commission,  or  who  pro- 
cures, aids  or  abets  any  such  railroad  company  or  common  carrier, 
or  other  corporation,  or  any  warehouseman,  in  its  failure  to  obey, 
observe  and  comply  with  any  such  order  or  provision,  shall  be 
guilty  of  a  gross  misdemeanor. 

Every  person,  either  individually  or  acting  as  an  official  or  agent 
of  any  corporation  other  than  a  railroad  company,  common  carrier 
or  warehouseman,  who  shall  violate  any  provision  of  this  act,  or 
fail  to  observe  or  comply  with  any  order  made  by  the  commission 
under  this  act,  so  long  as  the  same  shall  be  or  remain  in  force,  or 
shall  procure,  aid  or  abet  any  such  corporation  in  its  violation  of 
this  act,  or  in  its  failure  to  obey,  observe  or  comply  with  any  such 
order,  shall  be  guilty  of  a  gross  misdemeanor. 

Sec.  2678  (1915).  Grain  to  be  weighed  by  State  inspector. — It  shall  be 
unlawful  for  any  grain  warehouseman  to  receive  in  any  public 
terminal  grain  warehouse  any  grain  that  has  not  been  inspected  and 
weighed  in  by  a  duly  authorized  grain  inspector  of  the  State  of 
Washington,  or  to  deliver  out  of  any  class  A  grain  warehouse  any 
grain  that  has  not  been  weighed  out  by  a  duly  authorized  State 
grain  inspector. 

Sec.  2685.  Class  B  warehouse  receipts;  inspection  and  weighing  of 
grain;  deliveries. — It  shall  be  unlawful  for  any  warehouseman  conduct- 
ing a  class  B  grain  warehouse  to  receive  any  grain  into  his  ware- 
house without  having  the  same  inspected  and  weighed  in  by  a  State 
grain  inspector,  and  it  shall  be  the  duty  of  every  such  warehouse- 
man, to,  upon  request,  issue  or  cause  to  be  issued  a  receipt  for  each 
consignment  of  grain  received,  showing  the  weight,  kind  and  grade  of 
such  grain,  the  name  of  the  owner  thereof  and  the  date  when  the 
same  was  received,  but  such  receipts  shall  not  be  entitled  to  regis- 
tration and  grain  shall  be  delivered  from  such  warehouse  without  the 
supervision  of  the  registrar  of  warehouse  receipts. 

Sec.  2686.  Fees  for  inspection  and  weighing. — The  fees  for  weighing 
out  grain  from  a  class  A  grain  warehouse  and  for  inspecting  out 
grain  in  case  the  owner  desires  inspection  out,  shall  be  fixed  by  the 
public  service  commission  of  Washington,  and  the  State  grain  in- 
spectors, may,  when  requested  so  to  do  by  persons  desiring  grain 
inspected  out,  issue  certificates  of  inspection  in  accordance  with  the 
names  of  the  grains  used  in  the  markets  to  which  the  grain  is  to  be 
shipped. 


WASHINGTON  877 

Pierce's  Code,  1921,  Vol.  1,  p.  506. 

Sec.  1855-17  (1919).  Measuring  bottles  for  Babcock  test;  penalty  for 
noncompliance;  duty  of  commissioner  of  agriculture. — All  bottles  and 
pipettes  used  in  measuring  milk  or  milk  products  for  making  deter- 
mination of  the  per  cent  of  fat  in  said  milk  or  milk  products  shall 
have  clearly  blown  or  otherwise  permanently  marked  in  the  side 
of  the  bottle  or  pipette  the  word  "  sealed,"  and  in  the  side  of  the 
pipette  or  the  side  or  bottom  of  the  bottle  the  name,  initials,  or 
trade-mark  of  the  manufacturer  and  his  designating  number,  which 
designating  number  shall  be  different  for  each  manufacturer  and 
may  be  used  in  identifying  bottles.  The  designating  number  shall 
be  furnished  by  the  commissioner  of  agriculture  upon  application 
by  the  manufacturer  and  upon  the  filing  by  the  manufacturer  of 
a  bond  in  the  sum  of  one  thousand  dollars  ($1,000.00)     *     *     *. 

Any  manufacturer  who  sells  Babcock  milk,  cream  or  butter  test 
bottles  or  milk  pipettes,  to  be  used  in  this  State,  that  do  not  comply 
with  the  provisions  of  this  section  shall  suffer  the  penalty  of  five 
hundred  dollars  ($500.00)  to  be  recovered  by  the  attorney  general 
in  an  action  against  the  offender's  bondsmen,  to  be  brought  in 
the  name  of  the  people  of  the  State.  Any  dealer  who  uses,  for 
the  purpose  of  determining  the  per  cent  of  milk  fat  in  milk  or 
milk  products,  any  bottles  or  pipettes  purchased  after  this  law 
takes  effect  that  do  not  comply  with  the  provisions  of  this  section 
relating  thereto,  shall  be  deemed  guilty  of  a  misdemeanor. 

The  commissioner  of  agriculture  shall,  prescribe  specifications  with 
which  the  glassware  mentioned  in  this  section  shall  comply.  The 
unit  of  graduation  for  all  Babcock  glassware  shall  be  the  true 
cubic  centimeter  or  the  weight  of  one  gram  of  distilled  water  as 
four  degrees  centigrade. 

Inspectors  of  the  department  of  agriculture  are  not  required  to 
seal  Babcock  milk,  cream  or  butter  test  bottles  or  milk  pipettes 
marked  as  in  this  section  provided,  but  they  shall  from  time  to 
time  make  tests  of  individual  bottles  used  by  the  various  firms 
in  the  territory  over  which  they  have  jurisdiction  in  order  to  ascer- 
tain whether  the  above  provisions  are  being  complied  with  and 
they  shall  report  immediately  to  the  commissioner  of  agriculture 
violations  found. 

Sec.  1855-18.  Operation  of  testers. — In  all  tests  made  of  milk  or 
cream  received  or  purchased  upon  the  basis  of  the  amount  of  butter- 
fat  contained  therein,  and  in  all  tests  of  any  sample  of  milk  or 
cream  so  received  or  purchased,  the  Babcock  tester  shall  be  operated 
at  the  proper  speed  or  speeds.  The  proper  speeds  for  such  opera- 
tions are  hereby  declared  to  be  as  follows : 

For  tester  with  diameter  of  fourteen  inches,  the  speed  shall  be 
between  eight  hundred  seventy-five  and  nine  hundred  twenty-five 
revolutions  per  minute. 

For  tester  with  diameter  of  sixteen  inches,  the  speed  shall  be  be- 
tween eighteen  hundred  twenty-five  and  eight  hundred  seventy-five 
revolutions  per  minute. 

For  tester  with  diameter  of  eighteen  inches,  the  speed  shall  be 
between  seven  hundred  seventy-five  and  eight  hundred  twenty-five 
revolutions  per  minute. 


878  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

For  tester  with  diameter  of  twenty  inches,  the  speed  shall  be  be- 
tween seven  hundred  and  twenty-live  and  seven  hundred  and  seventy- 
five  revolutions  per  minute.  • 

For  tester  with  diameter  of  twenty-four  inches,  the  speed  shall  be 
between  five  hundred  seventy-five  and  six  hundred  twenty-five  revo- 
lutions per  minute. 

Sec.  1855-19  (al921).  Temperature  for  testing  purposes. — In  all  tests 
made  of  milk  or  cream  to  determine  the  amount  of  milk  fat  therein 
the  Babcock  tester  must  be  read  at  the  proper  temperature  which  is 
hereby  declared  to  be  not  less  than  one  hundred  and  thirty  degrees 
Fahrenheit  and  not  more  than  one  hundred  and  forty  degrees  Fah- 
renheit, and  all  payments  for  or  sales  of  milk  or  cream  made  on  the 
basis  of  measurement  or  weight  shall  be  made  according  to  the  true 
weight  and  measurement  which  is  hereby  declared  to  be  seventeen 
and  six-tenths  cubic  centimeters  for  milk  and  nine  grams  or  eighteen 
grams  for  cream.  In  all  tests  for  cream  the  cream  shall  be  weighed 
into  the  test  bottle. 

Sec.  1855-20  (1919).  Scale  sensibility. — The  sensibility  of  all  scales 
used  for  weighing  cream  samples  into  the  test  bottles  used  in  making 
any  test  with  the  Babcock  tester  shall  be  not  more  than  thirty  milli- 
grams, and  the  standard  weights  shall  be  nine  grams  and  eighteen 
grams. 

Sec.  1855-21.  Test  samples. — Each  and  every  person  whose  duty  it 
shall  be  to  take,  or  who  shall  take  or  make  any  test  or  measure  or 
take  or  extract  any  sample  of  milk  or  cream  sold  or  purchased,  or  to 
be  sold  or  purchased,  by  weight,  test  or  measure,  shall  weigh,'  test 
or  measure  the  milk  or  cream  sold  or  purchased  by  or  from  each  in- 
dividual separately.  He  shall  before  making  any  test,  or  taking 
or  extracting  any  such  sample,  thoroughly  mix  the  milk  and  cream 
of  the  entire  shipment  or  delivery  from  which  a  sample  is  to  be  taken, 
or  extracted,  by  pouring  or  stirring  until  such  milk  and  cream  is  of 
uniform  and  homogeneous  constituency  and  richness,  or  shall  take  a 
sample  from  each  can  or  other  container  of  the  entire  shipment  to 
be  sampled  and  tested. 

Sec.  1855-22.  Deceit  in  weight,  measure,  or  test. — No  person,  firm  or 
corporation,  selling,  delivering  or  hauling  milk  or  cream,  and  no 
person,  firm  or  corporation  receiving  or  purchasing  milk  or  cream  by 
weight  or  test,  or  both,  or  by  measure  or  test,  or  both,  shall  with  in- 
tent to  deceive,  defraud  or  mislead  as  to  the  weight,  measure  or  test 
thereof,  manipulate,  change  or  alter  such  measure,  test  or  weight,  or 
make  or  return  to  any  person  any  false,  deceitful,  inaccurate  or  un- 
true statement  of  such  weight,  test  or  measure,  or  use  any  measure  or 
testing  apparatus  which  does  not  comply  with  the  standards  defined 
therefor  in  this  act  or  which  has  been  condemned  as  inaccurate  by  the 
department  of  agriculture. 

Sec.  1855-23.  Unfair  samples. — No  person  shall  take,  extract  or  re- 
turn to  any  creamery,  milk  plant,  cheese  factory  or  factory  of  milk 
products,  any  unfair,  fraudulent  or  manipulated  sample  of  any 
cream  or  milk  purchased,  received,  hauled,  sold  or  delivered. 

Sec.  1855-25,  as  amended  by  Laws,  1923,  ch.  27,  p.  61,  sec.  6.  Official 
testers. — All  tests  of  milk  or  cream  sold,  purchased  or  delivered  on 
the  basis  of  the  amount  of  milkfat  or  butterfat  contained  therein 
shall  be  performed  by  a  Babcock  licensed  tester.  Such  tester  shall 
personally  operate  and  conduct  each  test  and  shall  be  personally 


WASHINGTON  879 

responsible  to  any  person  injured  by  any  careless,  negligent  or  un- 
skillful operation  thereof,  and  for  any  fraudulent,  intentionally  in- 
accurate or  manipulated  report  or  return  of  any  such  test.     *     *     * 

Sec.  1855-37.  Revisory  tests. — The  department  of  agriculture  shall 
conduct  tests  at  any  creamery,  milk  plant,  cheese  factory,  milk  con- 
densing plant  or  factory  of  milk  products  where  there  is  reason  to 
believe  that  milk  or  cream  purchased  or  sold  upon  any  basis  of  test, 
weight  or  measure  is  not  being  tested,  weighed  or  measured  ac- 
curately. 

Sec.  1855-38.  Inspection  of  testing  apparatus. — All  apparatus  used 
for  the  purpose  of  testing  milk  or  cream  sold,  purchased  or  delivered 
upon  the  basis  of  the  amount  of  milk  fat  contained  therein  shall  be 
inspected  and  tested  from  time  to  time  by  the  department  of  agricul- 
ture and  any  such  apparatus,  or  any  portion  thereof,  found  defective 
or  faulty  shall  be  condemned  and  be  replaced  through  the  department 
at  cost  to  the  user. 

Pierce's  Code,  1921,  Vol.  1,  p.  526. 

Sec,  1879  (1905).  Babcock  test. — It  shall  be  unlawful  for  the  owner, 
manufacturer,  agent  or  any  employee  of  a  butter  or  cheese  factory 
or  condensory  to  under  or  over  read  the  Babcock  test,  or  to  manipu- 
late for  the  purpose  of  deception  any  other  contrivance  used  for  deter- 
mining the  quality  or  value  of  milk  or  cream. 

Sec.  1881  (1890).  Capacity  officially  stamped  on  milk  cans. — All  milk 
cans  or  other  vessels  used  for  the  shipping,  sale  or  dispensing  of 
milk  shall  have  their  liquid  capacity  United  States  standard,  meas- 
ured and  plainly  sealed  or  stamped  thereon  by  any  county  auditor, 
as  ex  officio  county  sealer,  or  any  of  his  deputies,  in  the  manner 
already  provided  for  the  sealing  of  weights  and  measures. 

Sec.  1882.  Penalty  for  use  of  unmarked  cans. — Any  individual  or  cor- 
poration owning  and  using  milk  cans  or  other  vessels  or  shipping, 
selling  or  dispensing  of  milk  by  measurement  for  a  consideration 
in  a  can  or  vessel  that  has  not  been  officially  sealed  and  its  liquid 
capacity  plainly  stamped  thereon,  shall  be  subject  to  a  fine  of  five 
dollars  for  every  offense,  and  the  forfeiture  of  all  unsealed  milk  cans 
or  vessels  found  in  his  or  its  possession. 

Sec.  1883.  Fees  for  sealing. — Any  county  sealer  shall  charge  a  fee  of 
ten  cents  for  each  milk  can  or  vessel  so  stamped  or  sealed. 

Pierce's  Code,  1921,  Vol.  1,  p.  1208. 

Sec.  3920  (1917).  Weighing  coal  before  screening. — It  shall  be  un- 
lawful for  any  mine  owner,  lessee  or  operator  of  coal  mines  in  the 
State  of  Washington,  employing  miners  at  ton  rates,  to  pass  the  out- 
put of  coal  mined  by  said  miners  over  any  screen  or  other  device 
which  will  take  any  part  from  the  value  thereof  before  the  same  shall 
have  been  duly  weighed  and  credited  to  the  employee  sending  the 
same  to  the  surface,  and  accounted  for  at  the  legal  rate  of  weights 
as  fixed  by  the  laws  of  the  State  of  Washington. 

Sec.  4031.  Weighing  coal  and  posting  miner's  record;  check-weighman ; 
penalty  for  false  weighing  or  recording. —  (a)  The  operator  of 
every  coal  mine  where  the  miners  are  paid  by  the  weight  of  their 
output,  shall  provide  at  such  mine  suitable  and  accurate  scales  for 
the  weighing  of  such  coal,  and  a  correct  record  shall  be  kept  of  all 

517—27 66 


880  LAWS  CONCEBNING  WEIGHTS  AND  MEASUBES 

coal  so  weighed,  and  each  day's  record  shall  be  posted  where  it  is 
open  at  all  hours  to  the  inspection  of  miners.  Sufficient  weights 
shall  be  furnished  by  the  operator  for  the  purpose  of  testing  the  ac- 
curacy of  said  scales :  Provided,  however,  That  where  a  check- weigh- 
man  is  employed  the  operator  shall  not  be  required  to  post  each 
day's  record. 

(&)  The  miners  employed  by  or  engaged  in  working  at  any  coal 
mine  in  this  State  shall  have  the  privilege,  if  they  desire,  of  employ- 
ing at  their  expense  a  check- weighman,  who  shall  have  like  rights, 
powers  and  privileges  in  the  weighing  of  coal  as  the  regular  weigh- 
man, and  be  subject  to  the  same  oath  and  penalties  as  the  regular 
weighman.  Said  oath  or  affirmation  shall  be  conspicuously  posted 
in  the  weigh  office.     *     *     * 

(d)  Any  weigher  of  coal,  or  any  person  so  employed,  who  shall 
knowingly  violate  any  of  the  provisions  of  this  and  the  preceding 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  pimished  by  a  fine  of  not  less  than  twenty-five  dollars 
($25.00),  nor  more  than  one  hundred  dollars  ($100.00)  for  each 
offense,  or  by  imprisonment  in  the  county  jail  for  a  period  not  to 
exceed  thirty  (30)  days,  or  by  both  such  fine  and  imprisonment,  pro- 
ceedings to  be  instituted  in  any  court  having  jurisdiction  therein. 


WEST  VIRGINIA 
Acts,  1915,  ch.  16,  p.  167. 

Sec.  1.  State  standards  of  weights  and  measures,  where  kept. — The 
weights  and  measures  received  from  the  United  States  under  a 
resolution  of  Congress  approved  June  fourteen,  one  thousand  eight 
hundred  and  thirty-six,  and  such  new  weights  and  measures  as  shall 
be  received  from  the  United  States  as  standard  weights  and  measures 
in  addition  thereto  or  in  renewal  thereof,  and  such  as  shall  be  sup- 
plied by  the  State  in  conformity  therewith  and  certified  by  the  Na- 
tional Bureau  of  Standards,  shall  be  the  State  standards  of  weights 
and  measures.  Said  State  standards  may  be  kept  at  the  State  uni- 
versity in  its  physical  laboratory,  or  elsewhere  at  the  discretion  of 
the  State  commissioner  of  labor,  who  shall  be  ex  officio  commissioner 
of  weights  and  measures. 

Sec.  2.  Office  and  working  standards. — In  addition  to  the  State  stand- 
ards of  weights  and  measures  provided  for  in  this  act,  there  shall  be 
supplied  by  the  State  at  least  one  complete  set  of  copies  of  these 
standards,  to  be  known  as  office  standards;  and  such  other  weights, 
measures  and  apparatus  as  may  be  found  necessary  to  carry  out  the 
provisions  of  this  act,  to  be  known  as  working  standards.  Such 
weights,  measures  and  apparatus  shall  be  verified  by  the  State  com- 
missioner, or  his  deputy  or  inspectors,  at  his  discretion,  upon  the 
initial  receipt  of  such  weights,  measures  and  apparatus  and  at  least 
once  in  each  year  thereafter,  the  office  standards  by  direct  com- 
parison with  the  State  standards,  the  working  standards  by  com- 
parison with  the  office  standards.  When  found  accurate  upon  these 
tests  the  office  and  working  standards  shall  be  sealed  by  stamping 
on  them  the  letters  "  W.  V."  and  the  last  two  figures  of  the  year  with 
seals  which  the  State  commissioner  shall  have  and  keep  for  that 
purpose.  The  office  standards  shall  be  used  in  making  all  com- 
parisons of  weights,  measures  and  weighing  and  measuring  devices 
submitted  for  test  in  the  office  of  the  commissioner,  and  the  State 
standards  shall  be  used  only  in  verifying  the  office  standards  and  for 
scientific  purposes. 

Sec.  3,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Commissioner  of 
weights  and  measures;  appointment  and  salaries  of  deputies  and  inspec- 
tors.— The  State  commisioner  of  labor  shall  be  ex  officio  commis- 
sioner of  weights  and  measures,  and  he  shall  be  authorized  to  ap- 
point and  fix  the  salaries  of  such  deputies  and  inspectors,  not  to  ex- 
ceed two  in  number,  as  may  be  required  to  carry  out  the  purpose  of 
this  act,  within  the  limits  of  such  appropriations  as  may  be  made  by 
the  legislature  for  the  maintenance  of  the  work  of  the  bureau  of 
labor :  Provided,  The  salaries  of  each  of  said  deputies  or  inspectors 
shall  not  exceed  eighteen  hundred  dollars  per  annum. 

Sec.  4.  Same;  bond. — The  State  commissioner  of  labor  shall  forth- 
with, on  his   appointment,  give  bond   in  the   penal   sum  of  five 

881 


882  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

thousand  dollars,  with  sureties  to  be  approved  by  the  attorney  gen- 
eral, for  the  faithful  performance  of  the  duties  of  his  office  as  State 
commissioner  of  weights  and  measures,  and  for  the  safe  keeping  of 
the  standards  entrusted  to  his  care  and  for  the  surrender  thereof  im- 
mediately to  his  successor  in  office  or  to  the  person  appointed  by  the 
governor  to  receive  them. 

Sec.  5.  Same;  duties;  assistant  commissioner,  duties. — The  commis- 
sioner of  weights  and  measures  shall  take  charge  of  the  standards 
adopted  by  this  act  as  the  standards  of  the  State,  and  cause  them  to 
be  kept  in  a  safe  and  suitable  place,  from  which  they  shall  not  be 
removed  except  for  repair  or  for  certification,  and  he  shall  take  all 
other  necessary  precautions  for  their  safe-keeping.  He  shall  main- 
tain the  State  standards  in  good  order  and  shall  submit  them  at  least 
once  in  ten  years  to  the  National  Bureau  of  Standards  for  certifica- 
tion. He  shall  keep  a  complete  record  of  the  standards,  balances, 
and  other  apparatus  belonging  to  the  State  and  take  a  receipt  for 
same  from  his  successor  in  office.  He  shall  annually,  on  the  first  day 
of  January,  make  to  the  governor  a  report  of  all  work  done  by  his 
office.  The  director  of  the  physical  laboratory  of  the  West  Virginia 
University  shall,  by  virtue  of  his  appointment  to  that  position  by  the 
State  board  of  regents,  become  the  assistant  commissioner  of  weights 
and  measures.  It  shall  be  his  duty,  upon  the  request  of  the  commis- 
sioner, to  make  or  cause  to  be  made  at  said  physical  laboratory  all 
such  tests,  calibrations  and  determinations  as  may  be  necessary  for 
the  carrying  out  of  this  act. 

Sec.  6.  Same;  subpoenaing,  etc.,  witnesses;  punishment  for  contempt. — In 
the  exercise  of  his  powers  and  the  performance  of  his  duties  under  this 
act,  the  commissioner  of  weights  and  measures  shall  have  the  power 
to  administer  oaths  and  issue  subpoenas  to  compel  the  attendance  of 
witnesses  and  the  production  of  books,  papers,  accounts  and  docu- 
ments. In  case  of  disobedience  on  the  part  of  any  person  or  persons 
to  comply  with  any  proper  order  of  the  commissioner,  or  any  sub- 
poena issued  in  behalf  of  said  commissioner,  or  on  the  refusal  of  any 
witness  to  testify  with  reference  to  any  matters  upon  which  such 
witness  may  be  lawfully  interrogated,  it  shall  be  the  duty  of  the  cir- 
cuit court  of  any  circuit,  upon  application  of  the  commissioner,  to 
compel  obedience  by  attachment  proceedings  for  contempt  as  in  the 
case  of  disobedience  of  the  requirements  of  a  subpoena  issued  from 
such  court  or  a  refusal  to  testify  therein. 

Sec.  7,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Testing  county  and 
city  sets  of  standards;  inspecting  work  of  local  sealers,  etc. — The  com- 
missioner of  weights  and  measures,  or  his  assistant  commissioner, 
deputy,  or  inspectors,  at  his  direction  shall  at  least  once  in  five  years 
try  and  prove  by  the  office  standards  all  standard  weights,  measures 
and  other  apparatus  which  may  belong  to  any  county  or  city,  required 
to  appoint  a  sealer  and  to  purchase  and  keep  standards  of  weights  and 
measures  by  the  provisions  of  this  act,  and  shall  seal  such  when  found 
to  be  accurate  by  stamping  on  them  the  letters  "  W.  Va."  and  the 
last  two  figures  of  the  year  with  seals  which  he  shall  have  and  keep 
for  that  purpose. 

The  State  commissioner  or  his  assistant,  deputy  or  inspectors,  at 
his  direction,  shall  inspect  all  standard  weights,  measures  and  other 
apparatus  used  by  such  counties  and  cities  at  least  once  in  two  years, 
and  shall  keep  a  record  of  the  same.    He,  or  his  deputy,  or  inspectors, 


WEST  VIRGINIA  883 

at  his  direction,  shall  at  least  once  in  two  years  visit  these  cities  and 
counties  for  the  purpose  and  in  order  to  inspect  the  work  of  the  local 
sealers,  and  in  the  performance  of  such  duties  they  may  inspect  the 
weights,  measures,  balances,  or  any  other  weighing  or  measuring 
appliances  of  any  person,  and  shall  have  the  same  powers  as  the  local 
sealer  of  weights  and  measures.  The  rules  and  regulations  for  the 
guidance  of  county  and  city  sealers  of  weights  and  measures  issued 
by  the  Bureau  or  Weights  and  Measures  [Bureau  of  Standards] 
or  Washington,  D.  C,  known  as  Circular  No.  2  [Handbook  No.  1], 
or  any  subsequent  rules  and  regulations  issued  by  such  Bureau  of 
Weights  and  Measures  [Bureau  of  Standards],  shall  be  the  rules 
and  regulations  governing  the  inspectors  and  county  and  city  sealers 
in  the  performance  of  their  duties. 

Sec.  8.  Commissioner  of  weights  and  measures;  powers  and  duties. — 
The  State  commissioner  of  weights  and  measures,  shall  have  and 
keep  a  general  supervision  of  the  weights  and  measures,  and  weigh- 
ing or  measuring  devices  offered  for  sale,  sold,  or  in  use  in  the  State. 
He  or  his  assistant  commissioner,  deputy,  or  inspectors,  at  his  direc- 
tion, shall,  upon  the  written  request  of  any  citizen,  firm  or  corpora- 
tion, or  educational  institution  in  the  State,  test  or  calibrate  weights, 
measures  and  weighing  or  measuring  devices  used  as  standards  in  the 
State.  He,  or  his  assistant  commissioner,  deputy,  or  inspectors,  at  his 
discretion,  shall  at  least  once  annually  test  all  scales,  weights  and 
measures  used  in  checking  the  receipts  or  disbursements  of  supplies 
in  every  institution  for  the  maintenance  of  which  moneys  are  appro- 
priated by  the  legislature,  and  he  shall  report  in  writing  his  findings 
to  the  State  board  of  control  and  to  the  executive  officer  of  the  insti- 
tution concerned,  and,  at  the  request  of  such  board  or  executive  officer, 
the  commissioner  of  weights  and  measures  shall  appoint,  in  writing, 
one  or  more  employees  then  in  the  actual  service  of  the  institution 
who  shall  act  as  special  deputies  for  the  purpose  of  checking  the 
receipts  and  disbursements  of  supplies. 

Sec.  9.  Same. — The  State  commissioner  shall  have  the  power,  and  it 
shall  be  his  duty,  either  personally  or  by  deputy  or  through  the 
agency  of  a  county  or  city  sealer  of  weights  and  measures,  to  inspect, 
test,  try  and  ascertain  if  they  are  correct,  all  weights,  measures,  and 
weighing  or  measuring  devices  kept,  offered  or  exposed  for  sale, 
sold,  or  used  or  employed  by  any  proprietor,  agent,  lessee,  or  em- 
ploye in  proving  the  size,  quantity,  extent,  area,  or  measurement  of 
quantities,  things,  produce,  or  articles  for  distribution  or  consump- 
tion purchased  or  offered  or  submitted  by  such  person  or  persons  for 
sale,  hire,  or  award;  and  he  shall  have  the  power  to  and  shall  from 
time  to  time  weigh  or  measure  and  inspect  packages  or  amounts 
of  commodities  of  whatsoever  kind  kept  for  the  purpose  of  sale, 
offered  or  exposed  for  sale,  or  sold  or  in  the  process  of  delivery,  in 
order  to  determine  whether  the  same  contain  the  amounts  represented, 
and  whether  they  be  offered  for  sale  or  sold  in  a  manner  in  accord- 
ance with  law.  He  shall  at  least  twice  a  year  and  as  much  oftener 
as  he  may  deem  necessary  see  that  all  weights,  measures  and  weighing 
or  measuring  devices  are  correct.  He  and  his  authorized  deputies 
may  for  the  purpose  above  mentioned,  and  in  the  general  perform- 
ance of  their  official  duties,  enter  and  go  into  or  upon,  and  without 
formal  warrant,  any  stand,  place,  building,  or  premises,  or  stop  any 


884  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

dealer  whatsoever,  and  require  him,  if  necessary,  to  proceed  to  some 
place  which  the  State  commissioner  may  specify,  for  the  purpose  of 
making  the  proper  tests.  Whenever  the  State  commissioner  finds  a 
violation  of  the  statutes  relating  to  weights  and  measures,  he  shall 
cause  the  violator  to  be  prosecuted. 

Sec.  10.  Sealing  and  marking  tested  instruments. — Whenever  the 
State  commissioner  compares  weights,  measures,  or  weighing  or 
measuring  instruments  and  finds  that  they  correspond,  or  causes 
them  to  correspond,  with  the  standards  in  his  possession,  he  shall  seal 
or  mark  such  weights,  measures,  or  weighing  or  measuring  instru- 
ments with  appropriate  devices. 

Sec.  11.  Destruction,  repair,  etc.,  of  inaccurate  instruments. — The 
State  commissioner  shall  condemn  and  seize  and  may  destroy  incor- 
rect weights,  measures  or  weighing  or  measuring  devices  which,  in  his 
best  judgment,  are  not  susceptible  of  satisfactory  repair,  but  such  as 
are  incorrect  and  yet  may  be  repaired,  he  shall  mark  or  tag  as  "  con- 
demned for  repairs."  The  owner  or  users  of  any  weights,  meas- 
ures, or  weighing  or  measuring  devices  of  which  such  disposition  is 
made,  shall  have  the  same  repaired  or  corrected  within  ten  days,  and 
said  owner  or  users  may  neither  use  nor  dispose  of  the  same  in  any 
way,  but  shall  hold  the  same  at  the  disposal  of  the  commissioner. 
Any  weights,  measures,  or  weighing  or  measuring  devices  which 
have  not  been  repaired  as  required  above,  shall  be  confiscated  by  the 
commissioner. 

Sec.  12.  Deputies  and  inspectors;  powers  and  duties. — The  powers  and 
duties  given  to  and  imposed  upon  the  State  commissioner  of  weights 
and  measures  by  sections  six,  nine,  ten  and  eleven,  are  hereby  given 
to  and  imposed  upon  his  deputies  and  inspectors  also,  when  acting 
under  his  instructions  and  at  his  directions. 

Sec.  13,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Sheriff  as  ex  officio 
county  sealer;  county  sealer  and  deputies. — Except  in  counties  where 
the  county  commissioners  shall  appoint  a  sealer  of  weights  and 
measures  as  hereinafter  provided,  the  sheriff  of  the  county  shall  be 
ex  officio  county  sealer  of  weights  and  measures  in  each  county,  and 
no  fee  shall  be  charged  by  him  or  by  the  county  for  the  inspection, 
testing  or  sealing  or  the  repairing  or  adpisting  of  weights,  measures, 
or  measuring  devices.  Whenever  the  county  commissioners  of  any 
county  shall  deem  it  necessary,  they  may  appoint  and  fix  the  salary 
of  one  sealer  and  one  or  more  deputy  sealers  of  weights  and  measures. 
Such  sealer  or  deputies,  when  not  appointed  merely  for  some  tempo- 
rary purpose,  shall  hold  office  for  a  term  of  four  years  from  the  date 
of  their  appointment,  unless  removed  for  just  cause,  and  all  deputies 
shall  have  the  same  power  and  may  perform  the  same  duties  as  the 
county  sealer  when  acting  under  his  instructions  and  at  his  direction. 

Sec.  14,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  City  sealer  and  depu- 
ties; county  sealers'  powers  in  certain  cities;  regulations. — There  may 
be  a  city  sealer  of  weights  and  measures  in  cities  of  not  less  than 
twenty -five  thousand  population,  according  to  the  latest  official  state- 
ment of  United  States  census,  to  be  appointed  by  the  mayor  from  a 
list  to  be  furnished  by  the  civil  service  board,  and  under  the  rules  of 
such  board,  where  such  board  exists ;  otherwise,  he  shall  be  appointed 
by  the  mayor,  by  and  with  the  advice  and  consent  of  the  common 
council,  and  shall  hold  office  for  a  term  of  two  years  and  receive 


WEST  VIRGINIA  885 

a  salary  to  be  determined  by  the  appointive  power.  The  county 
commissioners  of  any  county  or  the  mayor  of  any  such  city  may 
appoint  one  or  more  deputy  sealers  of  weights  and  measures.  All 
deputies  appointed  shall  have  the  same  power  and  perform  the  same 
duties  as  the  county  or  city  sealer  when  acting  under  his  instructions 
and  his  direction,  and  no  fee  shall  be  charged  by  any  county  or  city 
for  the  testing,  trying,  adjusting  or  repairing  of  any  weights  or 
measures,  or  weighing  or  measuring  device.  The  commissioner  shall 
issue  from  time  to  time  regulations  for  the  guidance  of  the  county 
and  city  sealers  and  the  said  regulations  shall  govern  the  procedure 
to  be  followed  by  the  aforesaid  officers  in  the  discharge  of  their 
duties. 

Sec.  15.  Combination  of  municipalities. — Nothing  in  sections  thirteen 
and  fourteen  of  this  act  shall  be  construed  to  prevent  two  or  more 
counties  or  a  county  and  any  city  therein,  from  combining  the  whole 
or  any  part  of  their  districts,  as  may  be  agreed  upon  by  the  county 
commissioners  of  the  counties,  or  such  county  commissioners  and  the 
mayor  and  common  council  of  the  city  employing  one  set  of  stand- 
ards and  one  sealer,  upon  the  written  consent  of  the  State  com- 
missioner of  weights  and  measures.  A  county  sealer  or  city  sealer 
appointed  in  pursuance  of  an  agreement  for  such  combination  shall, 
subject  to  the  terms  of  his  appointment,  have  the  same  authority, 
jurisdiction,  and  duties  as  if  he  had  been  appointed  by  each  of  the 
authorities  who  are  parties  to  the  agreement. 

Sec.  16,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Bonds  of  sheriff  and 
county  and  city  sealers. — Each  county  or  city  sealer  of  weights  and 
measures  or  deputy  sealer  of  weights  and  measui'es,  under  the  provi- 
sions of  sections  thirteen  and  fourteen  of  this  act,  shall  forthwith 
upon  his  appointment  give  bond  in  the  penal  sum  of  one  thousand 
dollars,  with  sureties  to  be  approved  by  the  appointing  power,  for 
the  faithful  performance  of  the  duties  of  his  office. 

Sec.  17.  County  and  city  sets  of  standards;  duty  to  procure. — The 
county  commissioners  of  each  county  and  the  common  council  of 
each  city  required  to  appoint  a  sealer  under  the  provisions  of  this 
act  shall  procure  at  the  expense  of  the  county  or  city,  and  shall  keep 
at  all  times  a  set  of  weights  and  measures  and  other  apparatus  as 
complete  and  of  such  material  and  construction  as  the  State  commis- 
sioner of  weights  and  measures  may  direct.  All  such  weights,  meas- 
ures, and  other  apparatus  having  been  tried  and  accurately  proven 
by  the  State  commissioner  shall  be  sealed  and  certified  to  by  him  as 
hereinbefore  provided,  and  shall  then  be  deposited  with  and  pre- 
served by  the  county  or  city  sealer  as  public  standards  for  such 
county  or  city. 

Whenever  the  county  commissioner [s]  of  such  county  or  the  com- 
mon council  of  such  city  shall  neglect  for  six  months  so  to  do,  the 
county  clerk  of  said  county,  or  the  city  clerk  or  recorder  of  said  city, 
on  notification  and  request  by  the  commissioner  of  weights  and  meas- 
ures, shall  provide  such  standards  and  cause  the  same  to  be  tried, 
sealed  and  deposited  at  the  expense  of  the  county  or  city. 

Sec.  18.  County  and  city  sealers;  powers  and  duties. — Where  not 
otherwise  provided  by  law,  the  county  or  city  sealer  shall  have  the 
same  powers  and  shall  perform  the  same  duties  within  his  county 
or  city  as  are  granted  to  and  imposed  upon  the  State  commissioner 


886  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

of  weights  and  measures  provided  for  in  sections  nine,  ten  and  eleven 
of  this  act. 

Sec.  19.  Same;  records;  annual  reports. — The  county  or  city  sealer 
shall  keep  a  complete  record  of  all  his  official  acts,  and  shall  make  an 
annual  report,  duly  sworn  to,  on  the  first  day  of  November,  to  the 
State  commissioner  of  weights  and  measures,  on  blanks  furnished  by 
the  commissioner. 

Sec.  20.  Arrests  and  seizures. — The  commissioner  of  weights  and 
measures,  his  assistant,  deputy  and  inspectors,  and  the  county  and 
city  sealers  and  deputy  sealers  of  weights  and  measures,  are  hereby 
made  special  policemen  and  are  authorized  and  empowered  to  arrest, 
without  formal  warrant,  any  violator  of  the  statutes  in  relation  to 
weights  and  measures,  and  to  seize  for  use  as  evidence,  without 
formal  warrant,  any  false  or  unsealed  weight,  measure  or  weighing 
and  measuring  device  or  package  or  amount  of  commodity  found  to 
be  used,  retained,  or  offered  or  exposed  for  sale  or  sold  in  violation  of 
the  law. 

Sec.  21.  Obstructing  enforcement  of  act;  punishment. — Any  person 
who  shall  hinder  or  obstruct  in  any  way  the  commissioner  of  weights 
and  measures,  his  deputy,  or  inspectors,  or  any  county  or  city  sealer 
or  deputy  sealer  of  weights  and  measures,  in  the  performance  of  his 
official  duty  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction,  shall  be  punished  by 
a  fine  of  not  less  than  two  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  three  months,  or  by  both  such  fine 
and  imprisonment. 

Sec.  22.  Impersonating  weights  and  measures  officials;  punishment. — 
Any  person  who  shall  impersonate  in  any  way  the  commissioner  of 
weights  and  measures,  his  deputy,  or  inspectors,  or  any  county  or 
city  sealer  or  deputy  sealer  of  weights  and  measures,  by  the  use  of  his 
seal  or  counterfeit  of  his  seal,  or  otherwise,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  in  any  court  of  competent 
jurisdiction,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars,  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  23,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Packages  to  state  net 
quantity  of  contents ;  exceptions. — It  shall  be  unlawful  to  keep  for  the 
purpose  of  sale,  offer  or  expose  for  sale,  or  sell  any  commodity  in 
package  form  unless  the  net  quantity  of  the  contents  be  plainly  and 
conspicuously  marked  on  the  outside  of  the  packages,  in  terms  of 
weights,  measures,  or  numerical  count:  Provided,  however,  That 
reasonable  variations  or  tolerances  and  also  exemptions  as  to  small 
packages  shall  be  established  by  rules  and  regulations  made  by  the 
commissioner  of  weights  and  measures :  And,  provided,  further, 
That  this  section  shall  not  be  construed  to  apply  to  medicmal  articles 
and  to  those  commodities  in  packages  the  manner  of  sale  of  which 
is  specifically  regulated  by  the  provisions  of  other  sections  of  this 
act. 

The  word  "  package  "  as  used  in  this  section  shall  be  construed  to 
include  the  package,  carton,  case,  basket,  can,  box,  barrel,  half -barrel, 
hamper,  keg,  drum,  jug,  jar,  crock,  bag,  pail,  wrapping  [wrapper], 
parcel,  package,  bottle,  phial,  or  other  receptacle  put  up  by  the  manu- 
facturer ;  or  when  put  up  prior  to  the  order  of  the  commodity,  by  the 
vendor;  which  may  be  labeled,  branded,  or  stenciled  or  otherwise 


WEST  VIRGINIA  887 

marked,  or  which  may  be  suitable  for  labeling,  branding,  or  stencil- 
ing, or  marking  otherwise,  making  one  complete  package  of  the 
commodity.  The  word  "  package  "  shall  be  construed  to  include  both 
the  wholesale  and  the  retail  package :  Provided,  That  a  box  or  carton 
used  for  shipping  purposes  containing  a  number  of  similar  pack- 
ages which  are  individually  marked,  as  hereinbefore  provided,  will 
not  be  required  to  bear  the  weight  or  measure  of  contents:  And, 
provided,  further,  That  all  commodities  in  packages,  boxes,  cans, 
bottles  or  other  containers  in  the  hands  of  merchants,  both  whole- 
sale and  retail,  at  the  time  of  the  passage  of  this  act,  shall  be  and 
are  hereby  exempt  from  the  provisions  of  the  same. 

Sec.  24,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Oleomargarine,  etc., 
to  be  sold  only  by  net  weight;  exceptions. — It  shall  be  unlawful  for  any 
person  to  sell  or  offer  for  sale  any  butter  or  renovated  or  process 
butter  or  oleomargarine  in  any  other  manner  than  by  weight. 
Whenever  such  butter,  renovated  or  process  butter  or  oleomargarine, 
is  sold,  offered  or  exposed  for  sale  in  the  form  of  prints,  bricks  or 
rolls,  each  print,  brick  or  roll  shall  bear  a  definite,  plain  and  con- 
spicuous statement  of  its  true  net  weight,  on  the  principal  label, 
where  there  be  such  a  label,  otherwise,  on  the  outside  wrapper  of 
said  print,  brick  or  roll.  When  such  statement  is  made  part  of  the 
printed  matter  on  the  label,  wrapper  or  carton  of  any  such  print, 
brick  or  roll,  the  statement  as  to  net  weight  shall  be  in  gothic  type 
not  less  than  one-quarter  of  an  inch  square. 

The  prints,  bricks,  or  rolls  referred  to  in  this  section  shall  be  con- 
strued to  include  those  prints,  bricks,  or  rolls  put  up  by  the  manu- 
facturer or  producer;  or  when  put  up  prior  to  the  order  of  the 
commodity,  by  the  vendor:  Provided,  however,  That  this  section 
shall  not  apply  to  farmers  who  manufacture  and  sell  their  own 
butter. 

Sec.  25,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Milk  and  cream 
bottles ;  size  and  markings ;  punishment ;  tests ;  exceptions. — Bottles  used 
for  the  sale  of  milk  or  cream  shall  be  of  the  capacity  of  one-half 
gallon,  three  pints,  one  quart,  one  pint,  one-half  pint,  and  one  gill, 
when  filled  to  within  one-fourth  of  an  inch  of  the  cap  seat  or  stopple 
in  the  case  of  those  bottles  having  an  inside  diameter  immediately 
below  this  cap  seat  or  stopple  of  [not]  over  two  inches.  The  follow- 
ing variations  on  individual  bottles  or  jars  may  be  allowed,  but  the 
average  contents  of  not  less  than  twenty-five  bottles  selected  at 
random  from  at  least  four  times  the  number  tested  must  not  be  in 
error  more  than  one-quarter  of  these  tolerances;  six  drams  above 
and  six  drams  below  on  the  half  gallon,  five  drams  above  and  five 
drams  below  on  the  three  pints;  four  drams  above  and  four  drams 
below  on  the  quart ;  three  drams  above  and  three  drams  below  on  the 
pint ;  two  drams  above  and  two  drams  below  on  the  gill.  Bottles  or 
jars  used  for  the  sale  of  milk  or  cream  shall  have  clearly  blown  or 
otherwise  permanently  marked  in  the  side  of  the  bottle,  the  capacity 
of  the  bottle  and  the  word  "  sealed  " ;  and  the  side  or  bottom  of  the 
bottle  the  name,  initial,  or  trade-mark  of  the  manufacturer  and  a 
designating  number,  which  designating  number  shall  be  different 
for  each  manufacturer  and  may  be  used  in  identifying  the  bottles. 
The  designating  number  shall  be  furnished  by  the  State  commis- 
sioner of  weights  and  measures  upon  application  by  the  manufac- 


888 


LAWS  CONCEBNING  WEIGHTS  AND  MEASTTBES 


turer,  and  upon  the  filing  by  the  manufacturer  of  a  bond  in  the  sum 
of  one  thousand  dollars  with  sureties  to  be  approved  by  the  attorney 
general  conditioned  upon  their  conformance  with  the  requirements 
of  this  section.  A  record  of  the  bonds  furnished,  and  the  designat- 
ing numbers  and  to  whom  furnished  shall  be  kept  in  the  office  of 
the  commissioner  of  weights  and  measures. 

Any  manufacturer  who  sells  or  offers  to  sell  milk  or  cream  bottles 
to  be  used  in  this  State  that  do  not  comply  as  to  size  and  markings 
with  the  provisions  of  this  section  shall  suffer  a  penalty  of  five  hun- 
dred dollars,  to  be  recovered  by  the  attorney  general  in  an  action 
against  the  defender's  [defendant's]  bondsmen  to  be  brought  in  the 
name  of  the  State  of  West  Virginia.  Any  dealer  who  uses,  for  the 
purpose  of  selling  milk  or  cream,  jars  or  bottles,  purchased  after  this 
law  takes  effect  that  do  not  comply  with  the  requirements  of  this 
section  as  to  markings  and  capacity,  shall  be  deemed  guilty  of  using 
a  false  and  insufficient  measure. 

Sealers  of  weights  and  measures  are  not  required  to  seal  bottles 
or  jars  for  milk  or  cream  marked  as  in  this  section  provided,  but 
they  shall  have  the  power  to  and  shall  from  time  to  time  make  tests 
on  individual  bottles  used  by  various  firms  in  the  territory  over  which 
they  have  jurisdiction  in  order  to  ascertain  if  the  above  provisions 
are  being  compiled  with,  and  they  shall  immediately  report  viola- 
tions found  to  the  State  commissioner  of  weights  and  measures. 

Sec.  26.  Standard  barrels  for  fruits,  vegetables,  and  produce;  bushel  to 
contain  certain  weights. — The  standard  barrel x  for  fruits,  vegetables 
and  produce  shall  be  of  the  following  dimensions  when  measured 
without  distention  of  its  parts:  Diameter  of  head  inside  of  staves, 
seventeen  and  one-eighth  inches;  distance  between  heads,  inside 
measurements,  twenty-six  inches;  the  outside  bilge  or  circumference 
not  less  than  sixty-four  inches,  and  the  thickness  of  staves  not  more 
than  four-tenths  of  an  inch :  Provided,  That  any  barrel  of  a  differ- 
ent form  having  the  same  distance  between  heads  and  a  capacity  of 
seven  thousand  and  fifty-six  cubic  inches  shall  be  a  standard  barrel. 

Sec.  27,  as  amended  by  Laws,  1923,  ch.  45,  p.  137.  Standard  weights. — 
A  bushel,  half  bushel,  peck,  half  peck,  quarter  peck,  quart  and  pint 
of  the  respective  articles  hereinafter  mentioned  shall  be  the  amount 
of  weight,  avoirdupois,  as  shown  by  the  following  table : 


Commodity 


Bushel 


Hbu. 


Peck 


Yi  peck 


i/i  peck 


Quart 


Pint 


Apples  (green) 

Apples  (dried) 

Alfalfa  seed 

Apple  seed 

Beans  (dried,  shell) . 


Beans,  castor 

Beans  (unshelled). 
Beans  (stringed).. 

Beans  (limas) 

Beans,  soy 


Lbs. 
48 
24 
60 
40 
60 

46 
38 
24 
56 

58 


Lbs. 
24 
12 
30 
20 
30 

23 
19 
12 

28 
29 


Lbs. 
12 
6 
15 
10 
15 


Beans,  scarlet  pole 50  25        12         8         6         4  3 

Beets 56        28        14   7 3 

Blackberries 48        24        12   6   3 

Blue  grass  seed 14  7         3         8         1        12 

Blue  grass  seed,  English...        22  11          5         8         2        12 

i  See  also  footnote,  p.  120,  relative  to  Federal  standard  barrel. 


Ozs. 


Lbs. 
6 
3 
7 
5 
7 

5 
4 
3 

7 
7 


Ozs. 


Lbs. 
3 
1 
3 
2 
3 

2 
2 
1 
3 
3 


Ozs. 


Lbs. 


Ozs. 
8 
12 
14 

4 
14 

7 
3 
12 
12 
13 

9 
12 

8 
7 
11 


Lbs. 


Ozs. 
12 

6 
15 
10 

15 


14 

14H 

12H 
14 

12 


WEST  VIRGINIA 


889 


Commodity 


Broom  corn  seed. 

Buckwheat 

Barley _. 

Bran 

Cabbage -. 


Canary  seed... 

Carrots 

Cement 

Charcoal 

Cherries  (with  stems) . 


Cherries  (without  stems). 

Chestnuts 

Clover  seed 

Coal 

Coke... 


Corn  (cracked).. 
Corn  (ear  dry)... 
Corn  (ear  green) . 
Corn  (shelled)— 
Corn  (sweet) 


Corn  meal.. 

Corn  meal  (bolted) . 

Cottonseed 

Cottonseed  (S.  I.)., 
Cranberries - 


Cucumbers  (green)— 

Currants 

Flax  seed 

Gooseberries 

Grapes  (with  stems) . 


Grapes 

Hair  (washed) 

Hair  (unwashed). 

Hemp  seed 

Herds  grass 


Hickory  nuts 

Hominy . 

Horse  radish 

Huckleberries 

Hungarian  grass. 


Kaffir  corn 

Kale 

Lime  (unslaked) . 
Lime  (slaked)  — 
Malt. 


Millet 

Millet  (Japan) 

Oats --. 

Onions 

Onions  (bottom  sets). 


Onions  (tops  sets).. 

Orchard  grass 

Osage  Orange  seed. 

Parsnips -. 

Peaches 


Peaches  (dried) 

Peanuts 

Pears. 

Peas  (dry).. 

Peas  (green,  shelled) . 


Peas  (green,  unshelled). 

Peas  (wrinkled) 

Plums _ 

Potatoes  (Irish) 

Potatoes  (sweet) 


Quinces 

Rape  seed 

Raspberries 

Red  top  grass  seed. 
Rlce  corn  (shelled) . 


Bushel 


Lbs. 
57 
48 
48 
20 
50 

60 
50 
100 
20 
56 

64 
50 
60 
80 
40 

50 
68 
72 
56 
50 

48 
46 
32 
44 
36 

50 
40 
56 
40 

48 

60 

4 

8 

44 

45 

50 
60 
50 
52 
50 

56 
15 
70 
40 
34 

50 
35 
32 
55 
32 

28 
14 
33 
42 
48 

33 
23 
50 
60 
50 

30 
56 
60 
56 
50 

48 
50 
48 
14 
56 


V*bu 


Peck 


Lbs. 
28V* 
24 
24 
10 
25 

30 

25 
50 
10 
28 

32 

25 
30 
40 
20 

25 
34 
36 
28 
25 

24 
23 
16 
22 
18 

25 
20 
28 
20 
24 

30 

2 

4 
22 
22V* 

25 
30 
25 
26 
25 

28 
7V* 
35 
20 
17 

25 

ny2 

16 

27  V* 
16 

14 
7 
16V* 
21 

24 

16V* 

nv* 

25 
30 
25 

16 
28 
30 
28 
25 

24 
25 
24 
7 
28 


Lbs. 
14 
12 
12 
5 
12 

15 
12 
25 
5 
14 

16 
12 
15 
20 
10 

12 
17 
18 
14 
12 

12 
11 

8 
11 

9 

12 
10 
14 
10 
12 

15 
1 
2 
11 
11 

12 
15 
12 
13 
12 

14 
3 

17 
10 


Ozs. 


V*  peck 


Lbs. 


Ozs. 


Vi  peck 


Lbs. 
3 
3 
3 
1 
3 

3 
3 
6 
1 
3 

4 
3 
3 
5 
2 

3 
4 
4 
3 
3 

3 
2 
2 
2 
2 

3 
2 
3 
2 
3 


Ozs. 


14 


15 


Quart 


Lbs. 


Pint 


Ozs. 

Lbs. 

Ozs. 

12V* 

14V* 

8 

12 

8 

12 

10 

5 

9 

12V* 

14 

15 

9 

12V* 

2 

1 

10 

10 

5 

12 

1 

14 

9 

12V* 

14 

15 

8 

1 

4 

4 

10 

9 

12V* 

2 

1 

1 

4 

1 

2 

12 

14 

9 

12V* 

8 

12 

7 

liV* 

8 

6 

11 

2 

9 

9 

12V* 

4 

10 

12 

14 

4 

10 

8 

12 

14 

15 

2 

1 

4 

2 

6 

11 

6V* 

HVi 

9 

12V*. 

14 

15 

9 

12V* 

10 

13 

9 

12V* 

12 

14 

7V* 

3% 

3 

1 

IV* 

4 

10 

1 

8V* 

9 

12V* 

1^ 

8 

nv* 

13% 
8 

14 

7 

7 

3V* 

V* 

8Vi 

5 

10V* 

8 

12 

V* 

8vr 

11*4 

5J4 

9 

12V, 

14 

15 

9 

12V* 

15 

7V* 

12 

14 

14 

15 

12 

14 

9 

12V* 

8 

12 

9 

12V* 

8 

12 

7 

3V* 

12 

11 

890 


LAWS  CONCERNING  WEIGHTS  AND  MEASURES 


Commodity 

Bushel 

J^bu. 

Peck 

HI  peck 

Jipeck 

Quart 

Pint 

Rice  corn  (unshelled) 

Lbs. 

45 
50 
56 
50 
70 

50 
130 
20 

57 
40 

15 
48 
45 
66 

55 

50 
60 

Lbs. 

22V2 

25 

28 

25 

35 

25 
65 
10 

2$y2 

20 

7M 
24 
22^ 
28 
27^ 

25 
30 

Lbs. 

11 
12 
14 
12 
17 

12 
32 
5 
14 
10 

3 
12 
11 
14 
13 

12 
15 

Ozs. 

4 
8 

8 
8 

8 
8 

4 

12 
4 

12 
8 

Lbs. 

5 
6 
7 
6 
8 

6 
16 
2 
7 
5 

1 
6 

5 
7 
6 

6 

7 

Ozs. 
10 

4 

4 
12 

4 
4 
8 
2 

14 

10 

14 

4 
8 

Lbs. 
2 
3 
3 
3 
4 

3 
8 
1 
3 

2 

3 
2 
3 
3 

3 
3 

Ozs. 
13 
2 

8 
2 
6 

2 
2 
4 
9 
8 

15 

13 
8 

7 

2 

12 

Lbs. 
1 
1 
1 
1 
2 

1 
4 

1 

1 

1 
1 
1 
1 

1 
1 

Ozs. 

9 
12 
9 
3 

9 

1 

10 

12J/2 
4 

7^ 
8 

6H 
12 

ny2 

9 
14 

Lbs. 

1 
2 

Ozs. 
11H 
12^ 
14 

1254 

134 

12H 

J/2 

6 
14M 
10 

3M 
12 

Rye ... 

Salt  (fine) 

Sorghum  seed 

Spelt  or  speltz .. 

Strawberries 

Timothy  seed 

UK 

14 

Turnips 

13M 

12H 
15 

Walnuts 

Wheat... 

One  barrel  of  flour  shall  contain  196  lbs.,  one-half  barrel  98  lbs., 
one-quarter  barrel  49  lbs.,  and  one-eighth  barrel  24%  lbs.,  one-six- 
teenth barrel,  12*4  lbs.,  net  weight. 

One  barrel  of  lime  shall  contain  200  pounds. 

A  ton  shall  contain  2,000  pounds. 

The  standard  barrel 2  for  fruit,  vegetables,  and  produce  shall  be  of 
the  following  dimensions:  Inside  staves  at  ends,  17%  inches;  dis- 
tance between  heads,  inside,  26  inches;  circumference  over  bilge,  64 
inches;  and  capacity,  7,056  cubic  inches. 

Sec.  28.  Net  weight  made  basis  of  weight. — Whenever  any  com- 
modity is  sold  on  a  basis  of  weight,  it  shall  be  unlawful  to  employ 
any  other  weight  in  such  sale  than  the  net  weight  of  the  commodity ; 
and  all  contracts  concerning  goods  sold  on  a  basis  of  weight  shall 
be  understood  and  construed  accordingly.  Whenever  the  weight 
of  a  commodity  is  mentioned  in  this  act,  it  shall  be  understood  and 
construed  to  mean  the  net  weight  of  the  commodity. 

Sec.  29.  Violations  of  act ;  punishment. — Any  person  who,  by  himself 
or  by  his  servant  or  agent,  or  as  the  servant  or  agent  of  another 
person  shall  knowingly  offer  or  expose  for  sale,  sell,  use  in  the  buy- 
ing or  selling  of  any  commodity  or  thing  for  hire  or  award,  or  retain 
in  his  possession  a  false  weight  or  measure  or  weighing  or  measur- 
ing device  which  has  not  been  sealed  by  a  sealer  or  deputy  sealer  of 
weights  and  measures  within  one  year,  or  shall  dispose  of  any  meas- 
ure, or  weighing  or  measuring  device  contrary  to  law,  or  remove 
any  tag  placed  thereon  by  a  sealer  or  deputy  sealer  of  weights 
and  measures;  or  who  shall  sell  or  offer  or  expose  for  sale  less  than 
the  quantity  he  represents,  or  shall  take  or  attempt  to  take  more 
than  the  quantity  he  represents,  when  as  the  buyer,  he  furnishes  the 
weights,  measures  or  weighing  device  by  means  of  which  the  amount 
of  commodity  is  determined;  or  who  shall  keep  for  the  purpose  of 
sale,  offer  or  expose  for  sale,  or  sell  any  commodity  in  a  manner 
contrary  to  law ;  or  who  shall  violate  any  provisions  of  this  act  for 
which  a  specific  penalty  has  not  been  provided ;  or  who  shall  sell  or 
offer  for  sale,  or  use  or  have  in  his  possession  for  the  purpose  of 
selling  or  using,  any  device  or  instrument  to  be  used  to  or  calculated 
to  falsify  any  weights  or  measures,  shall  be  guilty  of  a  misdemeanor, 

1  See  sec.  26  and  footnote  to  same,  p.  888. 


WEST  VIRGINIA  891 

and  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars,  or  by  imprisonment  for  not  more  than  sixty 
days,  or  by  both  such  fine  and  imprisonment,  upon  a  first  con- 
viction in  any  court  of  competent  jurisdiction,  and  upon  a  second 
or  subsequent  conviction  in  any  court  of  competent  jurisdiction  he 
shall  be  punished  by  a  fine  of  not  less  than  ten,  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  not  more 
than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

Sec.  30,  as  amended  by  Acts,  1919,  ch.  53,  p.  224.  Definitions. — Jus- 
tices of  the  peace  shall  have  jurisdiction  to  hear  and  determine  any 
action  which  may  be  brought  for  a  violation  of  the  provisions  of  this 
act,  where  the  property  in  question  is  two  hundred  dollars  and  less. 
In  cases  of  over  two  hundred  dollars  shall  hold  the  accused  for  in- 
dictment to  the  grand  jury. 

Sec.  31,  as  enacted  by  Acts,  1919,  ch.  53,  p.  224.  Terms  defined.— The 
word  "  person  "  as  used  in  this  act,  shall  be  construed  to  impart  the 
plural  and  singular,  as  the  case  demands,  and  shall  include  corpora- 
tions, companies,  societies  and  associations. 

The  words  "  weights,  measures  or  weighing  or  measuring  devices  " 
as  used  in  this  act,  shall  be  construed  to  include  all  weights,  scales, 
beams,  measures  of  every  kind,  instruments  and  mechanical  devices 
for  weighing  or  measuring,  and  any  appliances  and  accessories  con- 
nected with  any  or  all  such  instruments. 

The  words  "  sell  "  or  "  sale  "  as  used  in  this  act  shall  be  construed 
to  include  barter  and  exchange. 

Sec.  32,  as  enacted  by  Acts,  1919,  ch.  53,  p.  224.  Doyle  and  Scribner's 
combined  rules  for  logs,  lumber  and  timber. — "  Doyle  and  Scribner's 
combined  rules  "  for  the  measurement  of  logs,  lumber  and  timber  of 
all  kinds,  is  hereby  established  as  the  lawful  rule  in  this  State  for 
the  measurement  of  all  kinds  of  lumber,  logs  and  timber,  unless  some 
other  rule  be  agreed  to. 

Hogg's  Code,  1913,  Vol.  1,  ch.  47,  p.  960. 

Sec.  2382  (al897).  Application  of  chapter. — The  cities,  towns  and 
villages  in  this  State,  heretofore  established  under  the  laws  of  the 
State  of  Virginia,  or  of  this  State,  shall  remain  subject  to  the  law 
now  in  force  and  applicable  thereto,  respectively,  and  the  provisions 
hereinafter  contained  in  this  chapter,  shall  be  deemed  applicable  only 
to  cities,  towns  and  villages  hereafter  established,  except  that  the 
municipal  authorities  of  cities,  towns  or  villages  heretofore  estab- 
lished other  than  the  city  of  Wheeling,  may  exercise  the  powers  con- 
ferred by  this  chapter,  although  the  same  may  not  be  conferred  by 
their  charter,  and  so  far  as  this  chapter  confers  power  on  the  munic- 
ipal authorities  of  a  city,  town  or  village  other  than  said  city  of 
Wheeling,  not  conferred  by  the  charter  of  any  such  city,  town  or 
village,  the  same  shall  be  deemed  as  an  amendment  to  said  charter. 
Any  city,  town  or  village  in  this  State,  incorporated  by  a  special 
act  of  the  legislature  of  Virginia,  or  of  this  State,  and  exercising 
the  power  conferred  by  this  chapter,  may  by  ordinance  of  the  council 
of  said  city,  town  or  village,  adopt  this  chapter,  and  thereafter  the 
same  officers  shall  be  elected  or  appointed  as  are  provided  for  by  this 
chapter. 

Sec.  2409  (al905).  Powers  and  duties  of  council. — The  council  of 
such  city,  town  or  village   [see  section  2382],  shall  have  plenary 


892  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

power  and  authority  therein  *  *  *;  to  regulate  and  provide 
for  the  weighing  of  hay,  coal  and  other  articles  sold  or  for  sale 
in  the  city,  town  or  village;     *     *     * 

Acts,  1923,  ch.  52,  p.  156. 

Sec.  3.  Every  bag,  barrel  or  other  package  of  fertilizer  sold, 
offered  or  exposed  for  sale  in  this  State  shall  have  branded  on  or 
conspicuously  attached  to  it  a  statement  that  the  manufacturer 
thereof  has  complied  with  this  act,  the  brand  name  of  the  fertilizer, 
the  net  weight  of  the  package,  the  name  and  address  of  the  manu- 
facturer,   *     *     *. 

Laws,  1919,  ch.  34,  p.  181. 

Sec.  2.  Every  lot  or  parcel  of  commercial  feeding  stuffs  sold, 
offered  or  exposed  for  sale  or  distributed  within  the  State  shall 
have  affixed  thereto  a  tag  or  label,  in  a  conspicuous  place  on  the 
outside  thereof,  containing  a  legible  and  plainly  printed  statement 
in  the  English  language,  clearly  and  truly  certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  par- 
cel;    *     *     * 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market;     *     *     * 

Hogg's  Code,  1913,  ch.  15  H,  p.  183. 

Sec.  506  (1891).  Scales  and  measures;  duty  to  provide;  duties  of 
sealer ;  testing  on  request ;  duties  of  mine  inspector. — It  shall  be  the  duty 
of  every  corporation,  company  or  person,  engaged  in  the  business 
of  mining  and  selling  coal  by  weight  or  measure,  to  procure  and 
constantly  keep  on  hand  at  the  proper  place,  the  necessary  scales 
and  measures  and  whatever  else  may  be  necessary,  to  correctly  weigh 
and  measure  the  coal  as  mined  by  such  corporation,  company  or 
person.  And  it  shall  be  the  duty  of  the  sealer  of  weights  and 
measures,  for  every  county  in  which  coal  is  so  mined  and  sold,  to 
visit  each  coal  mine  operated  therein,  and  where  such  scales  and 
measures  are  kept,  at  least  once  in  each  year,  and  test  the  correct- 
ness of  such  scales  and  measures.  The  owner  or  operator  of  such 
coal  mine,  or  any  two  or  more  of  the  miners  working  therein,  may 
in  writing  require  his  attendance  at  the  place  where  such  scales  and 
measures  are  kept,  at  other  times,  in  order  to  test  the  correctness 
thereof,  and  it  shall  be  his  duty  to  comply  with  such  requests  as 
soon  as  he  can,  after  receiving  such  request.  If  his  attendance  is 
required  by  the  owner  or  operator  of  such  mine,  or  if  by  the  miners 
working  therein,  and  the  scales  or  measures  tested  be  found  not  to 
be  correct,  his  fees  shall  be  paid  by  the  owner  or  operators,  and  if 
his  attendance  be  required  by  the  miners  and  the  scales  or  measures 
tested  be  found  to  be  correct  his  fees  shall  be  paid  by  them.  If 
in  any  such  county  there  be  no  sealer  of  weights  and  measures,  the 
duties  herein  required  to  be  done  and  performed  by  such  sealer, 
shall  be  done  and  performed  by  the  inspector  of  mines  for  the  dis- 
trict of  which  such  county  forms  a  part. 

Sec.  507.  Coal  cars;  consecutive  numbering;  weighing;  marking  weight 
and  capacity. — Each  car  used  by  any  such  corporation,  company  or 
person  in  removing  coal  from  any  coal  mine,  shall  be  numbered 
by  consecutive  numbers  plainly  marked,  and  placed  and  kept  thereon 


WEST  VIRGINIA  893 

as  long  as  such  car  is  so  used.  And  if  the  coal  from  such  mine  is 
mined,  and  the  miners  are  paid  according  to  the  weight  thereof  for 
mining  the  same,  every  such  car  so  used  shall  be  weighed  upon  such 
tested  scales,  and  the  weight  thereof  shall  be  plainly  marked  and 
placed  thereon  as  long  as  such  car  shall  be  used  as  aforesaid.  If 
the  coal  at  any  such  mine  is  mined,  and  the  miners  thereof  are  paid 
for  mining  the  same  by  measure,  the  number  of  bushels  of  coal  such 
car  will  hold  when  loaded  to  its  capacity,  shall  also  be  plainly 
marked,  and  placed  and  kept  thereon  as  long  as  such  car  is  so  used 
as  aforesaid.  And  no  car  shall  be  used  for  the  purpose  aforesaid, 
after  ninety  days  from  the  time  this  act  takes  effect,  until  the  pro- 
visions of  this  section  are  complied  with. 

Sec.  508.  Coal  to  be  weighed  or  measured  in  cars  before  screening. — 
All  coal  so  mined  and  paid  for  by  weight,  shall  be  weighed  in  the 
car  in  which  it  is  removed  from  the  mine  before  it  is  screened,  and 
shall  be  paid  for  according  to  the  weight  so  ascertained,  at  such 
price  per  ton  as  may  be  agreed  on  by  such  owner  or  operator  and 
the  miners  who  mined  the  same.  And  coal  mined  and  paid  for  by 
measure,  shall  be  paid  for  according  to  the  number  of  bushels 
marked  upon  each  car  in  which  it  is  removed  from  the  mine,  and 
before  it  is  screened,  and  the  price  paid  for  each  bushel  so  ascer- 
tained shall  be  such  as  may  be  agreed  on  as  aforesaid. 

Sec.  510.  Duties  of  mine  inspectors;  duty  of  operators  of  mines  to  keep 
on  hand  sealed  weights  and  measures. — In  any  county  in  which  the 
mine  inspector  is  required  to  act  as  herein  mentioned,  the  county 
court  of  such  county  shall  furnish  him  with  whatever  is  necessary 
to  enable  him  to  discharge  his  duties,  if  such  court  has  procured  the 
weights  and  measures  and  balances  provided  for  by  chapter  fifty- 
nine  of  the  Code  of  West  Virginia;  and  if  not,  the  State  sealer 
of  weights  and  measures  shall  furnish  him  with  whatever  may  be 
necessary  to  enable  him  to  discharge  the  duties  hereby  required  of 
him,  and  the  things  so  furnished  him,  in  either  case,  shall  be  re- 
turned by  him  to  the  person  from  whom  he  received  them  as  soon  as 
possible  after  he  has  performed  the  duties  for  which  he  received 
them.  But  it  shall  be  the  duty  of  every  corporation,  company  or 
person  so  engaged  in  the  business  of  mining  coal,  to  procure  and 
constantly  keep  on  hand  a  sealed  weight,  of  at  least  fifty  pounds,  and 
a  sealed  measure  of  at  least  one  bushel,  to  be  used  for  the  purposes 
of  this  act. 

Sec.  511.  Penalties. — Any  corporation,  company  or  person  violating 
any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  for  each  offense,  be  fined  not 
iess  than  twenty-five  dollars  and  not  more  than  five  hundred  dollars. 
And  the  officer,  agent  or  employees  of  the  corporation  or  company 
whose  duty  it  was  to  do  or  to  perform  the  act,  or  to  cause  it  to  be 
done  and  performed,  which  is  the  subject  of  the  indictment,  may 
be  indicted  jointly,  with  said  corporation  or  company,  and  upon 
conviction  thereof,  in  the  discretion  of  the  court,  he  may  be  im- 
prisoned in  the  county  jail  not  less  than  ten  nor  more  than  sixty 
days. 

Sec.  512.  Mines  to  which  act  is  applicable. — This  act  shall  not  apply  to 
any  corporation,  company  or  person  owning  or  operating  a  coal  mine 
in  which  less  than  ten  miners  are  employed. 


894  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

Sec.  514  (1901).  Weighing  of  certain  products  provided  for. — Where 
the  amount  of  wages  paid  to  any  of  the  persons  employed  in  any 
manufacturing,  mining,  or  otherwise  public  enterprise  employing 
labor,  depend  upon  the  amount  produced  by  weight  or  measure,  the 
persons  so  employed  may,  at  their  own  cost,  station  or  appoint  at 
each  place  appointed  for  the  weighing  or  measuring  of  the  products 
of  their  labor  a  check-weighman  or  measurer,  who  shall  in  all  cases 
be  appointed  by  a  majority  ballot  of  the  workmen  employed  at 
the  works  where  he  is  appointed  to  act  as  such  check-weighman  or 
measurer. 

Sec.  516.  Law  applicable  in  what  case. — This  act  shall  apply  to  all 
weights,  balances,  steelyards,  and  weighing  machines  and  measures 
used  in  any  factory,  mine,  mill  or  otherwise  industrial  concerns,  for 
determining  the  wages  payable  to  any  person  employed  according 
to  the  mineral  or  otherwise  products  produced  by  them  through  their 
labors. 


WISCONSIN 

Stats.,  1921,  Vol.  1,  ch.  76  oo,  p.  1286. 

Sec.  1658  (al911).  State  standards. — The  weights  and  measures  and 
the  scales  and  beams,  received  from  the  United  States  under  a  reso- 
lution of  Congress,  approved  June  14th,  1836,  and  such  new  weights 
and  measures  and  scales  and  beams  in  addition  thereto  or  in  renewal 
thereof,  and  such  as  shall  be  made  under  the  direction  of  the  new 
State  superintendent  of  weights  and  measures  in  conformity  there- 
with, and  certified  to  by  the  National  Bureau  of  Standards  shall  be 
the  State  standards. 

Sec.  1659,  as  amended  by  Laws,  1923,  ch.  45,  p.  46,  and  ch.  51, 
p.  50.  State  superintendent;  custody  of  standards;  comparison  of 
city  standards;  general  supervision;  testing  of  standards;  testing  for 
State  institutions;  record  and  report;  supervision  of  local  sealers;  regu- 
lations; office  and  supplies;  powers  of  State  superintendent. — 1.  The 
dairy  and  food  commissioner  shall  be  ex-officio  State  superintendent 
of  weights  and  measures. 

2.  He  shall  take  charge  of  the  standards  adopted  by  section  1658 
as  the  standards  of  the  State;  cause  them  to  be  kept  in  a  fireproof 
building  belonging  to  the  State,  from  which  they  shall  not  be  re- 
moved except  for  repairs  or  for  certification;  and  take  all  other 
necessary  precautions  for  their  safe-keeping.  He  shall  maintain 
the  State  standards  in  good  order  and  shall  submit  them  once  in  ten 
years  to  the  National  Bureau  of  Standards  for  certification.  He  shall 
keep  a  seal  which  shall  be  so  formed  as  to  impress  the  letters  "  Wis." 
upon  the  weights  and  measures,  scales,  and  beam  sealed  by  him,  and 
he  shall  correct  the  standards  of  the  several  cities,  and  as  often  as 
once  in  five  years,  compare  the  same  with  those  in  his  possession, 
and  shall  seal  the  same  when  tried  and  proved  to  be  in  conformity 
to  the  State  standards. 

3.  He  shall  have  and  keep  a  general  supervision  of  the  weights 
and  measures  and  the  weighing  and  measuring  devices  of  the  State, 
and  in  use  in  the  State.  He  or  his  inspectors  by  his  directions  shall, 
upon  the  written  request  of  any  citizen,  firm,  or  corporation,  or 
educational  institution  of  the  State,  test  or  calibrate  weights,  meas- 
ures, weighing  or  measuring  devices,  and  instruments  or  apparatus 
used  as  standards  in  this  State. 

4.  He,  or  his  inspectors  by  his  direction,  shall  at  least  once  annually 
test  all  scales,  weights,  and  measures  used  in  checking  the  receipt  or 
disbursement  of  supplies  in  every  institution  under  the  jurisdiction 
of  the  State  board  of  control.  And  he  shall  report  in  writing  his 
findings  to  such  board  of  control  and  to  the  executive  officer  of  the 
institution  concerned;  and  at  the  request  of  such  officer,  the  super- 
intendent of  weights  and  measures  shall  appoint  in  writing  one  or 
more  employees,  then  in  the  actual  service  of  such  institution,  who 

517—27 57  895 


896  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

shall  act  as  special  deputies  for  the  purpose  of  checking  the  receipt 
and  disbursement  of  supplies. 

5.  He  shall  keep  a  complete  record  of  the  standards,  balances,  and 
other  apparatus  belonging  to  the  State  and  take  receipt  for  same 
from  his  successor  in  office.  He  shall  as  soon  as  practicable  after  the 
thirtieth  day  of  June  in  each  even  numbered  year  make  to  the 
governor  a  report  of  the  work  done  by  his  office.  The  State  superin- 
tendent, or  his  deputy  or  inspectors  by  his  direction,  shall  inspect 
all  the  standards  used  by  the  cities  at  least  once  in  each  two  years 
and  shall  keep  a  record  of  the  same. 

6.  He,  or  his  inspectors  by  his  direction,  shall  at  least  once  in  each 
two  years  visit  the  various  cities  of  the  State  in  order  to  inspect  the 
work  of  the  local  sealers;  and  in  the  performance  of  such  duties,  he 
or  his  inspectors  by  his  direction  may  inspect  the  weights,  measures, 
balances,  or  any  weight  or  measuring  appliance  of  any  person,  firm, 
or  corporation  and  shall  have  the  same  powers  as  the  local  sealer  of 
weights  and  measures.  The  superintendent  of  weights  and  measures 
shall  issue  from  time  to  time,  regulations  for  the  guidance  of  all 
sealers,  and  the  said  regulations  shall  govern  the  prcedure  to  be 
followed  by  the  aforesaid  officers  in  the  discharge  of  their  duties. 
In  said  regulations  he  shall  prescribe  the  amount  of  tolerance  to  be 
allowed,  and  may  make  reasonable  regulations  regarding  the  varieties 
or  kinds  of  devices,  attachments  or  parts  entering  into  the  construction 
or  installation  of  weights  and  measures  or  weighing  or  measuring  ap- 
pliances which  shall  have  for  their  object  the  tendency  to  secure 
correct  results  in  the  use  of  such  appliances. 

7.  He  shall  be  provided  with  necessary  postage  and  shall  be  pro- 
Added  by  the  superintendent  of  public  property  with  a  suitable  room 
or  rooms,  necessary  office  and  laboratory  furniture  and  appliances, 
supplies,  stationery,  books,  and  periodicals. 

8.  In  all  territory  within  this  State,  except  in  cities  subject  to  the 
provisions  of  section  1661,  the  State  superintendent  of  weights  and 
measures  shall  have  the  power,  except  as  otherwise  provided  in  sec- 
tion 1747-20  to  section  1747-25  and  in  section  l797m-23  to  l797m-25 
of  the  statutes,  to  inspect,  test,  try  and  ascertain  if  they  are  correct, 
all  weights,  measures  or  weighing  or  measuring  devices  kept,  offered 
or  exposed  for  sale,  or  sold,  and  it  shall  be  his  duty  to  inspect,  test, 
try  and  ascertain  if  they  are  correct,  all  weights,  scales,  beams,  meas- 
ures of  every  kind,  instruments  or  mechanical  devices  for  measure- 
ment, and  tools,  appliances  or  accessories  connected  with  any  or  all 
such  instruments  or  measurements  used  or  employed  within  said  ter- 
ritory by  any  proprietor,  agent,  lessee  or  employee  in  determining  the 
size,  quantity,  extent,  area  or  measurement  of  quantities,  things,  pro- 
duce, or  articles  of  any  kind  offered  for  distribution,  consumption, 
transportation,  sale,  barter,  exchange,  hire,  or  award.  He  shall  have 
the  power  to,  and  shall  from  time  to  time  by  himself,  his  agents,  in- 
spectors, or  sealers,  weigh  or  measure  and  inspect  packages  or 
amounts  of  commodities  of  whatsoever  kind,  kept  for  the  purpose  of 
sale,  or  exposed  for  sale,  sold,  or  in  the  process  of  delivery,  in  order 
to  determine  Avhether  the  same  contains  the  amounts  represented  and 
whether  they  are  offered  for  sale  or  sold  in  the  manner  in  accordance 
with  law. 

Sec.  1660  (al911).  City  standards. — The  common  council  of  each  city 
appointing  a  sealer  under  section  1661  shall  procure  at  the  expense 


WISCONSIN  897 

of  the  city  and  shall  keep  at  all  times  a  complete  set  of  weights  and 
measures,  scales,  and  beams  in  exact  conformity  to  the  State  stand- 
ards, except  that  they  may  be  made  of  such  materials  as  the  superin- 
tendent of  weights  and  measures  may  direct;  all  such  weights  and 
measures,  scales,  and  beams  having  been  tried  and  accurately  proved 
by  him  shall  be  sealed  and  certified  to  by  the  State  superintendent  of 
weights  and  measures,  and  shall  then  be  deposited  with  and  preserved 
by  the  city  sealer  as  public  standards.  Whenever  the  common  council 
of  such  city  shall  neglect  for  six  months  so  to  do,  the  city  clerk,  on 
notification  and  request  by  the  superintendent  of  weights  and  meas- 
ures, shall  provide  such  standards  and  cause  the  same  to  be  so  tried, 
proved,  sealed,  certified,  and  deposited  at  the  expense  of  the  city. 

Sec.  1661,  as  amended  by  Laws,  1923,  ch.  402,  p.  689.  City  dealers; 
duties;  powers;  sealing;  prosecutions;  bond;  legislative  powers  reserved 
to  cities. — 1.  There  shall  be  a  city  sealer  of  weights  and  measures 
in  all  cities  having  a  population  of  more  than  five  thousand  inhab- 
itants according  to  the  last  official  United  States  census,  who  shall  be 
appointed  by  the  mayor  from  a  list  to  be  furnished  by  the  State  or 
local  civil  service  board  and  under  the  rules  of  said  board.  He  shall 
be  paid  a  salary  to  be  fixed  by  the  board  or  body  authorized  to  fix  the 
salaries  of  city  officials,  and  shall  be  provided  with  suitable  office 
quarters  in  said  city,  and  no  fees  shall  be  charged  by  him  or  by  the 
city  for  inspection  or  testing  of  weights,  measures,  or  weighing  or 
measuring  devices. 

2.  Except  as  otherwise  provided  in  sections  1747-20  to  1747-25  and 
in  sections  l797m-23  to  l797m-25,  the  city  sealer  shall  within  his 
city  have  the  power  to  inspect,  test,  try,  and  ascertain  if  they  are  cor- 
rect, all  weights,  measures,  or  weighing  or  measuring  devices,  kept, 
offered,  or  exposed  for  sale  or  sold,  and  it  shall  be  his  duty  to  in- 
spect, test,  try,  and  ascertain  if  they  are  correct,  all  weights,  sGales, 
beams,  measures  of  every  kind,  instruments,  or  mechanical  devices 
for  measurement,  and  tools,  appliances,  or  accessories  connected  with 
any  or  all  such  instruments  or  measurements,  used  or  employed 
within  the  city  by  any  proprietor,  agent,  lessee  or  employee  in  de- 
termining the  size,  quantity,  extent,  area,  or  measurement  of  quan- 
tities, things,  produce,  or  articles  of  any  kind  offered  for  distribu- 
tion, consumption,  transportation,  sale,  barter,  exchange,  hire,  or 
award.  The  city  sealer  shall  have  the  power  to  and  shall  from  time 
to  time  weigh  or  measure  and  inspect  packages  of  amounts  of  com- 
modities of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered  or 
exposed  for  sale,  sold  or  in  the  process  of  delivery,  in  order  to  de- 
termine whether  the  same  contain  the  amounts  represented,  and 
whether  they  be  offered  for  sale  or  sold  in  a  manner  in  accordance 
with  law. 

3.  He  shall,  at  least  once  in  each  year  or  as  much  oftener  as  he 
may  deem  necessary,  see  that  all  weights,  measures,  and  weighing 
and  measuring  apparatus  used  in  the  city  are  correct  and  that  the 
same  are  in  compliance  with  the  regulations  issued  by  the  State 
superintendent  of  weights  and  measures.  He  may  for  the  purpose 
above  mentioned,  and  in  the  general  performances  of  his  official 
duties,  with  or  without  formal  warrant,  enter  or  go  in  or  upon 
any  stand,  place,  building,  or  premises;  or  may  stop  any  vendor, 
peddler,  junk  dealer,  coal  wagon,  ice  wagon,  or  any  dealer  whatso- 
ever, for  the  purpose  of  making  the  proper  tests. 


898  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

4.  Whenever  the  city  sealer  finds  a  violation  of  the  statutes  relat- 
ing to  weights  and  measures,  he  shall  cause  the  violator  to  be  prose- 
cuted. Whenever  the  sealer  compares  weights  and  measures  and 
finds  that  they  correspond  or  causes  them  to  correspond  with  the 
standards  in  his  possession,  and  with  the  regulations  issued  by  the 
State  superintendent  of  weights  and  measures,  he  shall  seal  or  mark 
the  same  with  appropriate  devices  to  be  approved  by  the  State  super- 
intendent of  weights  and  measures.  The  sealer  shall  condemn  and 
seize  and  may  destroy  incorrect  weights  and  measures  and  weighing 
or  measuring  instruments  which  can  not  be  repaired ;  and  such  as 
are  incorrect  and  yet  may  be  repaired,  he  shall  mark  or  tag  as  "  con- 
demned for  repairs  "  in  a  manner  prescribed  by  the  State  superin- 
tendent of  weights  and  measures. 

5.  The  city  sealer  shall  keep  a  complete  record  of  the  work  done 
by  him  and  shall  make  a  quarterly  report  to  the  mayor,  which  report 
shall  be  filed  with  the  city  clerk,  and  a  quarterly  report  duly  sworn 
to,  to  the  State  superintendent  of  weights  and  measures,  these  quar- 
terly reports  to  cover  the  three-month  periods  beginning  July  first, 
October  first,  January  first,  and  April  first  respectively  and  to  be 
submitted  not  later  than  twenty  days  following  the  expiration  of  the 
period  covered  by  the  report. 

6.  The  city  sealer  of  weights  and  measures  shall  forthwith  on  his 
appointment  execute  and  file  an  official  bond,  with  sureties  approved 
by  the  appointing  power. 

7.  Nothing  contained  in  sections  1658  to  1670a,  inclusive,  shall  be 
construed  as  prohibiting  cities  subject  to  the  provision  of  this  sec- 
tion from  enforcing  ordinances  regulating  weights  and  measures, 
heretofore  or  hereafter  enacted  not  in  conflict  with  said  sections  or 
the  regulations  of  the  superintendent  of  weights  and  measures  issued 
in  pursuance  thereof;  nor  as  prohibiting  cities  from  employing  city 
sealers  of  weights  and  measures  to  perform  other  public  services  not 
inconsistent  with  their  duties  as  sealers  of  weights  and  measures, 
with  or  without  extra  compensation,  as  determined  and  fixed  by  the 
city:  Provided,  That  where  such  services  are  rendered  to  another 
city  department,  the  cost  of  such  services  be  charged  to  the  city 
department  receiving  same. 

Sec.  1682  (al911).  Sealers  in  State  at  large. — In  all  territory  within 
this  State,  except  cities  subject  to  the  provisions  of  section  1661,  the 
inspectors  of  weights  and  measures  appointed  under  subsection  1  of 
section  1659  and  such  assistant  dairy  and  food  commissioners  and 
such  cheese  factory,  dairy  and  food  inspectors  and  such  creamery  and 
dairy  and  food  inspectors  as  may  from  time  to  time  be  designated  by 
the  superintendent  of  weights  and  measures  shall  act,  ex  officio,  as 
sealers  of  weights  and  measures,  with  like  authority,  powers,  and 
duties  as  prescribed  for  city  sealers  in  subsections  2  to  5,  inclusive, 
of  section  1661. 

Sec.  1663  (al919).  Sealer's  liability. — If  any  sealer  of  weights  and 
measures  shall  neglect  to  perform  any  duty  imposed  by  law  or  shall 
prove  and  seal  any  weight,  measure,  scale  or  beam  by  any  public 
standard  which  shall  not  have  been  tried,  proved  and  sealed  as  pre- 
scribed by  this  chapter  he  shall  forfeit  for  each  such  offense  ten 


WISCONSIN 


899 


dollars.  The  State  superintendent  of  weights  and  measures  may  re- 
move from  office  any  sealer  of  weights  and  measures  for  willful 
malfeasance  or  nonfeasance  or  for  manifest  incompetence,  upon  first 
giving  him  written  notice  of  the  charges  against  him  and  a  reason- 
able opportunity  to  be  heard  in  his  defense. 

Sec.  1664  (al911).  Police  powers  of  sealers. — 1.  There  is  hereby  con- 
ferred upon  the  State  superintendent  of  weights  and  measures,  his 
inspectors,  and  all  sealers  of  weights  and  measures,  police  power; 
they  shall  be  provided  by  the  superintendent  of  weights  and  measures 
with  suitable  badges  or  insignia  of  authority  and  in  the  exercise  of 
their  functions  shall  exhibit  the  same,  upon  demand,  to  any  person 
questioning  their  powers,  and  they  are  hereby  empowered  and  au- 
thorized to  make  arrests,  with  or  without  formal  warrant,  of  any 
person  or  persons  violating  the  provisions  of  any  statute  relating  to 
weights  and  measures. 

2.  Whoever  in  any  manner  whatsoever  impersonates  or  hinders  the 
State  superintendent  of  weights  and  measures  or  any  inspector  or  any 
sealer  of  weights  and  measures,  in  the  performance  of  their  official 
duties  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars. 

Sec.  1665  (al915).  Dry  commodity  standards. — Whenever  any  of  the 
articles  or  commodities  mentioned  in  this  section  shall  be  sold  by  the 
bushel,  or  fractional  part  thereof,  and  no  special  agreement  as  to  the 
weight  thereof  shall  be  made  in  writing,  the  measure  thereof  shall 
be  ascertained  by  avoirdupois  weight,  and  shall  be  computed  as 
follows : 1 


Wheat 

Peas 

Potatoes 

Clover  seed 

Beans 

Alfalfa 

Alsike 

Indian  corn 

Rye 

Lima  beans 

Wrinkled  peas 

Flaxseed 

Rutabagas 

Tomatoes 

Sweet  potatoes 

Corn  meal 

Rape  seed 

Millet  seed 

Beets 

Green  cucumbers . 

Rye  meal 

Carrots 

Buckwheat 

Hickory  nuts 

Onions 

Fine  salt 

Barley 


Pounds  per 
bushel 

60 
60 
60 
60 
60 
60 
60 
56 
56 
56 
56 
56 
56 
56 
54 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
48 


Pounds  per 
bushel 


Peaches 48 

Pears 48 

Hungarian  grass  seed 48 

Blue  grass  seed 14 

Redtop  seed 14 

Castor  beans 46 

Timothy  seed 45 

Rough  rice 45 

Hemp  seed 44 

Parsnips 44 

Apples 44 

Sea  island  cotton  seed 44 

Turnips 42 

Cranberries 35 

Barley  malt 34 

Dried  peaches 33 

Oats 32 

Onion  sets 32 

Upland  cottonseed 30 

Dried  apples 25 

Bran 20 

Shorts 20 

Coarse  salt 70 

Lime 70 

Unslaked  lime 80 

Plastering  hair 8 

Hemlock  bark 2  2,200 

1  A  slight  change  has  been  made  In  the  arrangement  for  convenience  of  reference. 

2  Pounds   per  cord. 


900  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

For  a  fractional  part  of  a  bushel  a  like  fractional  part  of  the 
above  weights  shall  be  required. 

All  dry  commodities  not  otherwise  specified  in  this  section  shall 
be  bought  or  sold  only  by  standard  dry  measures,  standard  weight, 
or  numerical  count  except  where  parties  otherwise  agree  in  writing. 

Sec.  1666  (al911).  Standard  bushel. — The  bushel  in  struck  measure 
shall  contain  two  thousand  one  hundred  fifty  and  forty-two  hun- 
dredths cubic  inches.  The  half  bushel  and  the  parts  thereof  shall 
correspond  in  capacity  to  that  of  the  bushel  and  shall  be  the  standard 
measure  for  fruits,  vegetables,  and  other  dry  commodities  custom- 
arily sold  by  heaped  measure;  and  in  measuring  such  commodities, 
the  half  bushel  or  other  smaller  measure  shall  be  heaped  as  high 
as  may  be  without  special  effort  or  design. 

Sec.  1666a  (al913).  Milk  and  cream  bottles;  penalty;  sealing  of  bottles 
not  required  by  sealers. — Bottles  used  for  the  sale  of  milk  and  cream 
shall  be  of  the  capacity  of  half  gallon,  three  pints,  one  quart,  one 
pint,  half  pint,  one  gill  filled  full  to  the  bottom  of  the  cap  seat, 
stopple  or  other  designating  mark.  The  following  variations  on 
individual  bottles  or  jars  may  be  allowed,  but  the  average  contents 
of  not  less  than  twenty-five  bottles  selected  at  random  from  at  least 
four  times  the  number  tested  must  not  be  in  error  by  more  than  one 
quarter  of  the  tolerances :  Six  drams  above  and  six  drams  below  on 
the  half  gallon ;  five  drams  above  and  five  drams  below  on  the  three- 
pint;  four  drams  abo\e  and  four  drams  below  on  the  quart;  three 
drams  above  and  three  drams  below  on  the  pint;  two  drams  above 
and  two  drams  below  on  the  half  pint;  two  drams  above  and  two 
drams  below  on  the  gill.  When  milk  or  cream  is  pasteurized  in  the 
bottle  in  which  it  is  to  be  sold  or  delivered,  such  bottle  may  have  a 
capacity  sufficient  to  permit  of  the  expansion  of  the  contents  in  the 
process  of  heating,  but  such  bottle  shall  have  clearly  marked  thereon 
by  a  line  or  other  designating  mark  the  point  to  which  such  bottle 
is  filled  when  containing  the  respective  capacities  provided  for  in 
this  section,  at  sixty-eight  degrees  Fahrenheit  (twenty  degrees  centi- 
grade). The  State  superintendent  of  weights  and  measures  shall  pre- 
scribe and  adopt  such  rules  and  regulations  as  he  may  deem  necessary 
to  carry  out  the  provisions  of  this  section.  Bottles  or  jars  used  for 
the  sale  of  milk  or  cream  shall  have  clearly  blown  or  otherwise  per- 
manently marked  in  the  side  of  the  bottle,  the  capacity  of  the  bottle 
and  the  word  "  Sealed  "  and  in  the  side  or  bottom  of  the  bottle  the 
name,  initials  or  the  trade-mark  of  the  manufacturer  and  designat- 
ing number,  which  designating  number  shall  be  different  for  each 
manufacturer  and  may  be  used  in  identifying  the  bottles.  The  desig- 
nating number  shall  be  furnished  by  the  State  superintendent  of 
weights  and  measures  upon  application  by  the  manufacturer,  and 
upon  filing  by  the  manufacturer  of  a  bond  in  the  sum  of  one  thou- 
sand dollars  with  sureties  to  be  approved  by  the  attorney-general, 
conditioned  upon  their  conformance  with  the  requirements  of  this 
section.  A  record  of  the  bonds  furnished,  the  designating  numbers, 
and  to  whom  furnished,  shall  be  kept  in  the  office  of  the  superintend- 
ent of  weights  and  measures. 

2.  Any  manufacturer  who  sells  milk  or  cream  bottles  to  be  used  in 
this  State  that  do  not  comply  as  to  size  and  markings  with  the  pro- 
visions of  this  section  shall  suffer  the  penalty  of  five  hundred  dollars, 


WISCONSIN  901 

to  be  recovered  by  the  attorney-general  in  an  action  against  the  of- 
fender's bondsmen,  to  be  brought  in  the  name  of  the  people  of  the 
State.  Any  dealer  who  uses,  for  the  purpose  of  selling  milk  or 
cream,  jars  or  bottles  purchased  after  this  law  takes  effect  that  do  not 
comply  with  the  requirements  of  this  section  as  to  markings  and  ca- 
pacity, shall  be  deemed  guilty  of  using  false  or  insufficient  measure. 

3.  Sealers  of  weights  and  measures  are  not  required  to  seal  bottles 
or  jars  for  milk  or  cream  marked  as  in  this  section  provided,  but 
they  shall  from  time  to  time  make  tests  on  individual  bottles  used  by 
the  various  firms  in  the  territory  over  which  they  have  jurisdiction, 
in  order  to  ascertain  whether  the  above  provisions  are  being  complied 
with,  and  they  shall  report  violations  found  immediately  to  the 
superintendent  of  weights  and  measures. 

Sec.  1666b  (al911).  Sale  of  coal,  charcoal,  and  coke. — It  shall  be  un- 
lawful to  sell  or  offer  to  sell  in  this  State  any  coal,  charcoal,  or  coke 
in  any  other  manner  than  by  weight.  No  person,  firm,  or  corpora- 
tion shall  deliver  any  coal,  charcoal,  or  coke  without  each  such  de- 
livery being  accompanied  by  a  delivering  ticket  and  a  duplicate 
thereof,  on  each  of  which  shall  be  in  ink,  or  other  indelible  substance, 
distinctly  expressed  in  pounds,  the  gross  weight  of  the  load,  the  tare 
of  the  delivery  vehicle,  and  the  quantity,  or  quantities  of  coal,  char- 
coal, or  coke,  contained  in  the  cart,  wagon,  or  other  vehicle  used  in 
such  deliveries,  with  the  name  of  the  purchaser  thereof,  and  the  name 
of  the  dealer  from  whom  purchased.  One  of  these  tickets  shall  be 
surrendered  to  the  sealer  of  weights  and  measures  upon  his  demand, 
for  his  inspection,  and  this  ticket  or  weight  slip  issued  by  the  sealer 
when  the  sealer  desires  to  retain  the  original  shall  be  delivered  to  said 
purchaser  of  said  coal,  or  his  agent  or  representative,  at  the  time  of 
the  delivery  of  the  fuel;  and  the  other  ticket  shall  be  retained  by 
the  seller  of  the  fuel.  When  the  buyer  carries  away  the  purchase,  a 
delivery  ticket  showing  the  actual  number  of  pounds  delivered  over 
to  the  purchaser  must  be  given  to  the  purchaser  at  the  time  the  sale 
is  made. 

Sec.  1667  (al917).  Net  weight  required;  ton — When  any  commodity 
shall  be  sold  by  weight  it  shall  be  understood  to  mean  the  net  weight, 
and  all  contracts  concerning  goods  or  commodities  sold  by  weight 
shall  be  construed  accordingly  unless  such  construction  would  be 
manifestly  inconsistent  with  the  special  agreement  of  the  parties 
contracting.  When  any  commodity  is  sold  by  the  ton  it  shall  be 
understood  to  mean  the  net  weight  of  twenty  hundred  avoirdupois 
pounds  unless  such  construction  would  be  manifestly  inconsistent 
with  the  special  agreement  of  the  parties  contracting. 

Sec.  1668  (al921).  Standard  barrels,  crates,  and  boxes;  barrel  for  beer, 
ale,  etc. ;  barrel  for  flour ;  barrel  for  potatoes  or  other  vegetables ;  barrel  of 
lime;  standard  barrel  for  apples,  pears,  and  other  fruit;  capacity;  dimen- 
sions ;  barrel  for  cranberries ;  crate  for  apples,  pears,  etc. ;  bushel  crate  for 
cranberries  or  blueberries;  berries,  less  than  one  bushel,  how  sold;  fresh 
fruits  and  vegetables,  how  sold ;  barrels,  crates,  and  boxes  of  other  capaci- 
ties may  be  used,  when;  construction  of  law. — 1.  A  barrel  for  liquids 
shall  contain  thirty-one  and  one-half  gallons,  and  a  hogshead  two 
barrels. 

2.  A  barrel  for  beer,  ale,  porter  or  other  similar  fermented  liquors 
shall  contain  thirty-one  gallons,  each  gallon  to  contain  two  hundred 


902  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

thirty-one  cubic  inches;  a  half  barrel,  fifteen  and  one-half  gallons; 
a  quarter  barrel,  seven  and  three-fourths  gallons;  an  eighth  barrel, 
three  and  seven-eighths  gallons.  The  capacities  of  the  barrel  and  its 
subdivisions  enumerated  above  shall  apply  to  all  containers  in  which 
beer,  ale,  porter  or  other  similar  fermented  liquors  are  commonly 
sold,  known  as  barrels,  kegs,  casks,  or  any  other  container  made 
of  staves,  hoops  and  flatheads.  Seasonable  tolerances  shall  be  pre- 
scribed by  the  State  superintendent  of  weights  and  measures  for  the 
containers  above  designated. 

3.  A  barrel  of  flour  measured  by  weight  shall  contain  one  hundred 
ninety-six  pounds;  [.] 

4.  A  barrel  3  for  potatoes  or  other  vegetables  shall  be  the  same  as 
the  standard  barrel  for  apples  or  pears  or  other  fruit  as  provided  in 
subsection  6  of  this  section. 

5.  A  barrel  of  unslaked  lime  shall  contain  two  hundred  pounds. 

6.  The  standard  barrel 3  for  apples  or  pears  or  other  fruit,  unless 
otherwise  specifically  defined,  shall  have  an  interior  capacity  of 
seven  thousand  and  fifty-six  cubic  inches,  and  shall  not  be  less  than 
twenty-six  inches  between  the  heads  inside ;  the  diameter  of  the  heads 
shall  be  seventeen  and  one-eighth  inches,  including  the  beveled  edge ; 
the  outside  bilge  or  circumference  shall  be  not  less  than  sixty-four 
inches,  the  thickness  of  the  staves  being  four-tenths  of  an  inch : 
Provided,  however,  That  any  barrel  of  a  different  form,  but  of  an 
interior  capacity  of  seven  thousand  and  fifty-six  cubic  inches,  shall 
be  a  legal  barrel. 

7.  The  standard  barrel3  for  cranberries  shall  measure  not  less 
than  twenty-five  and  one-quarter  inches  between  the  heads  inside; 
the  diameter  of  the  heads  shall  be  sixteen  and  one-quarter  inches, 
including  the  beveled  edge;  the  outside  bilge,  or  circumference,  shall 
measure  not  less  than  fifty-eight  and  one-half  inches,  the  thickness 
of  the  staves  being  four-tenths  of  an  inch.  But  any  barrel  of  dif- 
ferent form,  but  of  the  same  interior  capacity  shall  be  considered  a 
legal  barrel. 

8.  A  standard  crate,  box  or  basket  for  apples,  pears,  plums, 
peaches,  and  other  fruits  not  secondarily  contained  in  quart  or  other 
boxes  within  such  crate,  box  or  basket,  shall  have  an  interior  ca- 
pacity of  two  thousand  one  hundred  fifty  cubic  inches  exclusive  of 
cover. 

9.  A  bushel  crate  of  cranberries  or  blueberries  shall  have  an  inte- 
rior capacity  of  one  bushel  struck  measure. 

10.  All  sales  of  blackberries,  blueberries,  currants,  gooseberries, 
raspberries,  cherries,  strawberries,  and  similar  berries  in  quantities 
of  less  than  one  bushel  shall  be  by  the  quart,  pint,  or  half-pint, 
dry  measure,  and  all  berry  boxes  or  baskets  sold,  used,  or 
offered  for  sale  within  the  State  shall  be  of  the  interior  capacity  of 
not  less  than  one  quart,  pint,  of  half-pint,  dry  measure.  Any  person 
who,  by  himself  or  by  his  servant  or  agent  or  as  the  servant  or 
agent  of  another,  shall  violate  any  of  the  provisions  of  this  subsec- 
tion shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  ten  days  nor  more  than  three  months.    In  addition 

a  See  footnote,  p  20,  relative  to  Federal  standard  barrel. 


WISCONSIN  903 

thereto,  the  illegal  boxes  or  baskets  and  the  fruit  therein  contained 
may  be  confiscated. 

11.  All  sales  of  fresh  fruits  or  vegetables  in  containers  of  less 
than  one  bushel  dry  capacity  measure  shall  be  in  containers  of  the 
standard  capacity  of  one  quart,  two  quarts,  three  quarts,  four  quarts, 
five  quarts,  six  quarts,  eight  quarts,  sixteen  quarts  or  twenty-four 
auarts  standard  dry  measure,  and  such  receptacles  shall  in  fact  con- 
tain the  full  capacity  of  such  fresh  fruits  or  vegetables,  or  if  in  other 
than  standard  containers  such  receptacles  for  fresh  fruits  or  vege- 
tables shall  be  plainly  and  conspicuously  marked  to  indicate  the  true 
net  weight,  measure  or  numerical  count  of  such  fruits  or  vegetables. 

13.  All  contracts  for  the  sale  of  apples,  pears,  cranberries,  or 
other  fruits,  potatoes  or  other  vegetables,  by  the  barrel  or  crate, 
unless  it  is  otherwise  expressly  stipulated  in  writing,  shall  be  con- 
strued to  mean  barrels  or  crates  of  the  capacity  prescribed  in  sub- 
sections 4,  6,  7,  8,  and  9  of  this  section. 

14a.  Nothing  in  this  section  shall  be  construed  as  preventing  the 
sale  and  shipment  into  other  States  of  barrels,  crates,  berry  boxes, 
or  baskets  of  other  capacities  than  those  herein  specified,  nor  as  pro- 
hibiting the  use  of  barrels,  crates,  berry  boxes,  or  baskets  of  other 
capacities  than  those  herein  specified  for  the  sale  and  shipment 
therein  into  other  States  of  the  fruits  or  vegetables  named  or  desig- 
nated in  this  section;  and  until  the  first  day  of  March,  1913,  nothing 
in  this  section  shall  prevent  the  sale  by  net  avoirdupois  weight  of 
any  of  the  fruits  or  vegetables  named  or  designated  in  this  section, 
if  in  containers  of  other  capacities  than  the  standards  fixed  by  this 
section;  and  until  the  first  day  of  March,  1913,  nothing  in  this  section 
shall  prevent  the  sale  of  any  of  the  fruits  or  vegetables  named  or 
designated  in  this  section,  if  the  containing  barrel,  crate,  berry  box, 
or  basket  in  which  the  same  are  sold  is  plainly  and  indelibly  stamped 
or  branded  on  the  outside  thereof  in  characters  in  color  different 
from  the  container,  at  least  one  inch  high  in  the  case  of  barrel  or 
crate,  and  at  least  one-half  inch  high  in  the  case  of  berry  box  or 
basket,  so  as  to  show  the  correct  interior  capacity  thereof  by  frac- 
tional part  of  the  standard  barrel  or  crate  or  of  the  standard  quart 
or  pint  dry  measure,  as  the  case  may  be,  if  sold  for  such  capacity. 

14b.  The  requirement  of  subsection  4  of  section  1661  of  the  stat- 
utes as  to  sealing  by  the  sealer  of  weights  and  measures  shall  not  be 
construed  as  applying  to  the  barrels,  crates,  boxes,  or  baskets  desig- 
nated in  this  section. 

Sec.  1668m,  as  enacted  by  Laws,  1923,  ch.  123,  p.  227.  1.  Standard 
loaves  of  bread;  tolerance  allowed;  proviso;  penalty. — All  bread  manu- 
factured, procured,  made  or  kept  for  sale,  offered  or  exposed  for 
sale,  or  sold,  in  the  form  of  loaves  for  use  or  consumption  within  this 
State,  shall  be  one  of  the  following  weights  and  no  other,  namely, 
one  pound,  one  and  one-half  pounds,  or  multiples  of  one  pound 
avoirdupois  weight:  Provided,  however,  That  a  variation  or  toler- 
ance of  one  and  one-fourth  ounces  in  excess  or  one  and  one-fourth 
ounces  in  deficiency  per  pound  from  the  weights  provided  for  in  this 
section  be  allowed  in  the  weight  of  individual  loaves  of  bread;  and 
the  weight  of  individual  loaves  of  bread  shall  be  held  to  be  the 
average  of  at  least  ten  loaves  of  the  same  approximate  weight  and 


904  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

same  manufacturer,  if  that  number  is  available  at  the  time  of  weigh- 
ing in  any  place  where  bread  is  manufactured,  procured,  made  or 
kept  for  sale,  offered  or  exposed  for  sale,  or  sold.  If  ten  loaves  are 
not  available,  then  the  weight  of  individual  loaves  shall  be  held  to  be 
the  average  of  all  available  loaves  of  the  same  approximate  weight 
and  same  manufacturer,  at  the  time  of  weighing  in  any  place  where 
bread  in  loaves  is  manufactured,  procured,  made  or  kept  for  sale, 
offered  or  exposed  for  sale,  or  sold,  but  in  no  case  shall  said  number 
be  less  than  five. 

2.  The  provisions  of  this  section  shall  not  apply  to  rolls,  buns,  bis- 
cuits, crackers  and  similar  articles  weighing  less  than  four  ounces 
avoirdupois  each,  nor  to  stale  bread:  Provided,  That  such  bread  be 
conspicuously  marked  "stale  bread,"  or  placed  in  a  container  con- 
spicuously marked  "  stale  bread,"  and  sold  as  and  for  stale  bread. 

3.  Any  person,  firm  or  corporation  who  by  himself,  his  servant  or 
agent,  or  as  the  servant  or  agent  of  another  person,  firm  or  corpo- 
ration, shall  manufacture,  procure,  make  or  keep  for  sale,  offer  or 
expose  for  sale,  or  sell,  bread  in  the  form  of  loaves  of  weights  other 
than  provided  for  in  subsection  1  of  this  section  and  in  excess  of  the 
tolerances  provided  for  therein,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  by  impris- 
onment not  more  than  ninety  days  nor  less  than  ten  days,  or  by  both 
such  fine  and  imprisonment. 

4.  The  dairy  and  food  commissioner  as  ex  officio  State  superin- 
tendent of  weights  and  measures,  by  himself,  his  inspectors,  sealers 
of  weights  and  measures,  chemists,  or  agents,  and  city  sealers  of 
weights  and  measures,  shall  enforce  the  provisions  of  this  section. 

Sec.  1669  (al867).  Hop  boxes. — The  standard  size  of  boxes  used  for 
picking  hops  shall  be  not  exceeding  three  feet  long,  one  and  one-half 
feet  wide  and  two  feet  deep,  inside  measure. 

Sec.  1670  (1872).  Standard  for  grain. — No  person  shall  sell,  buy  or 
receive  in  store  any  grain  at  any  weight  or  measure  per  bushel  other 
than  the  standard  weight  or  measure  per  bushel  fixed  by  law;  and 
for  any  violation  hereof  the  offender  shall  forfeit  not  less  than  five 
nor  more  than  fifty  dollars. 

Sec.  1670a  (1879).  Grain  tester,  how  used. — No  person  shall  deter- 
mine the  grade  of  any  grain  which  is  bought  or  received  in  store 
at  any  mill,  elevator,  warehouse  or  storehouse  by  the  use  of  any  grain 
tester  that  is  not  sealed  in  accordance  with  the  United  States  stand- 
ard of  measure  and  which  sealer  is  not  in  accordance  therewith  at 
the  time  it  is  used.  When  grain  is  tested  at  the  instance  of  the  seller 
the  tester  shall  be  filled  by  pouring  the  grain  into  it  from  a  scoop 
or  a  similar  vessel,  and  when  the  tester  is  filled  it  shall  be  struck 
or  leveled  with  three  zigzag  movements  of  a  straight  edge.  Any  per- 
son who  shall  violate  the  provisions  of  this  section  and  thereby 
cheat  or  defraud  the  seller  or  buyer  of  any  grain  shall  be  punished 
as  is  provided  in  section  4432. 

Sec.  1670b  (al913).  Appropriation. — The  salaries  and  expenses  of 
city  sealers  shall  be  paid  from  the  city  treasuries,  respectively. 

Sec.  1670m  (1911).  Cheese  purchased  at  wholesale  to  be  weighed  before 
delivery;  penalty. — 1.  Every  person,  firm  or  corporation  that  pur- 
chases or  engages  in  the  business  of  purchasing  cheese  in  quantities 


WISCONSIN  905 

of  fifty  pounds  or  more,  in  this  State  shall,  in  all  cases  except  where 
otherwise  agreed  by  express  contract,  correctly  weigh  or  cause  to  be 
correctly  weighed,  each  and  every  box  or  package  thereof,  at  or  be- 
fore the  time  that  such  cheese  shall  be  delivered  to  the  purchaser,  or 
to  any  common  carrier  for  the  purchaser  for  shipment,  and  every 
such  person,  firm  or  corporation  shall  make  payment  for  all  such 
cheese  purchased,  according  to  the  weight  so  ascertained,  and  at  the 
price  or  amount  therefor  agreed  upon  with  the  owner  or  vendor  of 
such  cheese  at  the  time  of  such  delivery,  except  for  such  cheese  as 
shall  be  found  to  be  of  inferior  quality  by  a  test  thereof  made  at  or 
before  the  time  of  such  delivery. 

2.  Any  person,  firm  or  corporation  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
two  hundred  dollars. 

Sec.  1670n  (1913).  Sale  of  growing  crops;  weighing;  quality. — Any 
person,  firm  or  corporation  transacting  business  in  this  State,  that 
shall  enter  into  any  contract  for  the  purchase  of  any  crop  that  is 
not  ready  for  immediate  delivery,  shall  in  all  cases  weigh,  or  cause 
to  be  weighed,  the  crop  so  purchased,  at  or  before  the  time  such  crop 
is  delivered  to  the  purchaser,  or  to  a  common  carrier  at  the  direction 
of  the  purchaser  for  shipment,  and  every  such  person,  firm  or  cor- 
poration shall  ultimately  make  payment  in  full  for  all  of  the  crop 
so  purchased  according  to  the  weight  so  ascertained  and  at  the  price 
or  amount  specified  in  the  contract,  without  regard  to  the  quality  or 
condition  of  such  crop  or  portions  thereof  at  the  time  of  delivery, 
unless  any  inferior  quality  or  unsound  condition  of  such  crop  shall 
be  due  to  the  negligence  or  wilful  act  of  the  vendor,  subsequent  to 
such  purchase,  and  in  case  any  purchaser  shall  fail  or  refuse  to  com- 
ply with  his  contract  as  provided  in  this  section,  the  vendor,  in  any 
action  prosecuted  by  him  to  recover  for  any  crop  sold  to  such  pur- 
chaser, shall  recover  as  damages  for  such  failure  or  refusal,  double 
the  contract  price  of  such  crop  at  the  weight  thereof  when  ready  for 
delivery  and  offered  to  or  accepted  by  the  purchaser. 

Sec.  1670t.  Cotton  duck  or  canvas;  weight  and  quality;  removing 
or  effacing  mark;  penalty. — 1.  That  for  the  purposes  of  this  sec- 
tion cotton  duck  or  canvas  shall  be  deemed  to  include  all  cotton  duck 
or  canvas,  whether  single  filling,  double  filling,  roll  or  wide  duck. 

2.  That  for  the  purposes  of  this  section,  the  equivalent  of  thirty- 
six  inches  in  length  by  twenty-nine  inches  in  width  or  seven  and 
one-fourth  square  feet  of  cotton  duck  or  canvas  shall  constitute  a 
yard,  and  an  ounce  shall  be  one-sixteenth  part  of  a  pound  avoir- 
dupois. 

3.  Any  person,  company  or  corporation  who  shall  manufacture 
for  sale  or  who  may  offer  or  expose  for  sale  any  cotton  duck  or 
canvas,  or  any  article  other  than  clothing  and  wearing  apparel  com- 
posed or  made  in  whole  or  in  part  of  cotton  duck  or  canvas,  shall 
distinctly  and  durably  stamp,  brand,  or  mark  thereon  the  true  and 
correct  weight  of  such  cotton  duck  or  canvas,  by  ounces  per  yard, 
together  with  a  description  by  name  of  any  filler  or  other  preparation 
placed  in  or  on  said  cotton  duck  or  canvas  since  its  manufacture. 

4.  It  shall  be  unlawful  for  any  person  or  corporation,  either  indi- 
vidually or  in  any  representative  capacity,  to  carry  for  sale,  sell  or 


906  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

endeavor  to  sell  any  cotton  duck  or  canvas  as  herein  defined,  or  any 
articles  other  than  clothing  and  wearing  apparel,  composed  or  made 
in  whole  or  in  part  of  any  cotton  duck  or  canvas  without  having 
marked  thereon  the  true  and  correct  weight  of  said  canvas  or  cotton 
duck  by  ounces  per  yard,  together  with  a  description  by  name  of  any 
filler  or  other  preparation  placed  in  or  on  said  cotton  duck  or  canvas 
since  its  manufacture,  or  to  misstate,  misrepresent,  or  conceal  the 
true  weight  of  said  canvas  or  cotton  duck  by  ounces  per  yard,  or  to 
misstate,  misrepresent,  or  conceal  the  existence  of  any  filler  or  other 
preparation  placed  in  or  on  said  cotton  duck  or  canvas  since  its 
manufacture. 

5.  It  shall  be  unlawful  for  any  person  or  corporation  either  indi- 
vidually or  in  representative  capacity,  selling,  carrying  for  sale  or 
endeavoring  to  sell  any  awnings,  paulins,  wagon  covers,  tents,  grain 
and  hay  covers,  stable  or  tent  tops  to  misstate,  or  misrepresent,  or 
conceal  the  true  and -correct  size  and  dimensions  thereof. 

6.  It  shall  be  unlawful  for  any  person  to  deface,  multilate,  obscure, 
conceal,  efface,  cancel,  or  remove  any  mark  provided  for  by  this  sec- 
tion or  cause,  or  permit  the  same  to  be  done  with  intent  to  mislead, 
deceive,  or  to  violate  any  of  the  provisions  of  this  section. 

7.  Any  person,  company,  or  corporation  violating  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  for  the  first  offense  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars,  and 
for  each  subsequent  offense  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars. 

Stats.,  1921,  Vol.  II,  ch.  182,  p.  2220. 

Sec.  4432  (al917).  False  weights  and  measures;  fraud  in  use  of  elec- 
tric current,  gas,  water,  or  steam;  unsealed  weight  or  measure,  may  be 
used,  when. — 1.  Any  person  who,  by  himself  or  by  his  agent  or 
servant,  or  as  the  agent  or  servant  of  another,  shall  use  in  the  buy- 
ing or  selling  of  any  commodity  or  thing,  or  for  hire  or  award,  or 
retain  in  his  possession,  any  false  weight  or  measure  or  weighing  or 
measuring  device;  or  who  shall  sell  or  offer  for  sale,  or  have  in  his 
possession  for  the  purpose  of  selling,  any  false  weight  or  measure  or 
weighing  or  measuring  device,  or  any  device  or  instrument  to  be  used 
or  calculated  to  falsify  any  weight  or  measure;  or  who  shall  use  or 
retain  in  his  possession,  except  as  expressly  provided  by  statute  any 
weight  or  measure  or  weighing  or  measuring  device  which  has  not 
been  sealed  by  a  sealer  of  weights  and  measures  within  one  year; 
or  who  shall  sell,  or  offer  or  expose  for  sale,  or  keep  for  the  purpose 
of  sale  a  lesser  quantity  of  any  commodity  than  he  represents  such 
quantity  to  be,  or  shall  take  or  attempt  to  take  more  than  the 
quantity  he  represents,  when,  as  buyer,  he  furnishes  the  weight, 
measure,  or  weighing  or  measuring  device,  by  means  of  which  the 
amount  of  commodity  is  determined ;  or  who  shall  sell  or  offer  or 
expose  for  sale,  or  keep  for  the  purpose  of  sale  any  commodity  in  a 
manner  contrary  to  law ;  or  who  shall  violaterany  provision  of  section 
1658  to  section  1670a,  inclusive,  for  which  a  specific  penalty  has  not 
been  prescribed;  shall  be  punished  by  a  fine  of  not  more  than  twenty- 
five  dollars,  or  by  imprisonment  in  the  county  jail  not  more  than 
ten  days,  or  by  both  such  fine  and  imprisonment. 


WISCONSIN  907 

2.  Or  any  person  who  willfully,  with  intent  to  cheat  or  defraud 
the  buyer  or  seller  of  electric  current,  gas,  water,  or  steam,  shall  make 
or  cause  to  be  made  or  aid  in  the  making  of  any  electric  conductor, 
gas  pipe,  water  pipe,  steam  pipe,  or  other  instrument  or  contrivance, 
or  any  connection  as  to  conduct  or  supply  or  intended  to  conduct  or 
supply  electric  current,  gas,  water,  or  steam  to  any  lamp  or  motor 
or  machine  or  burner  or  orifice  or  appliance  from  which  such  elec- 
tricity, gas,  water,  or  steam  may  be  consumed  or  utilized,  without 
passing  through  or  being  registered  by  a  meter ;  or  any  person  who 
shall  willfully  use  a  false  meter  for  the  measurement  of  electric 
current,  gas,  water,  or  steam  in  the  buying  or  selling  of  the  same; 
or  who  shall  willfully  obstruct  or  interfere  with  the  working  of  any 
meter  used  for  such  purposes,  so  as  to  cause  or  be  intended  to  cause 
a  false  registration  of  the  amount  of  electric  current,  water,  gas, 
or  steam  consumed  with  the  intent  to  cheat  or  defraud  the  seller  or 
buyer  of  such  electric  current,  gas,  water,  or  steam,  shall  be  punished 
by  imprisonment  in  the  county  jail  not  more  than  one  year  or  by  a 
fine  not  exceeding  five  hundred  dollars;  but  in  case  the  amount  of 
damages  occasioned  by  such  cheat  or  fraud  shall  not  exceed  twenty 
dollars,  he  shall  be  punished  by  imprisonment  in  the  county  jail  not 
more  than  three  months  or  by  fine  not  exceeding  one  hundred  dol- 
lars ;  and  in  computing  the  amount  of  damages  occasioned,  the  value 
of  such  electric  current,  water,  gas,  or  steam  shall  be  the  regular 
current  price  therefor,  charged  to  the  consumer  by  the  seller  thereof. 

3.  But  nothing  contained  in  sections  1658  to  1670,  inclusive,  shall 
prohibit  the  use  by  any  person,  or  by  his  servant  or  agent,  in  good 
faith,  of  any  unsealed  weight  or  measure  or  weighing  or  measuring 
device  purchased  or  acquired  by  such  person  after  the  last  visit  of 
a  sealer  to  such  person  for  the  purpose  of  inspection  and  sealing  of 
weights  and  measures,  or  any  sealed  weight  or  measure  or  weighing 
or  measuring  device  in  his  possession  after  the  expiration  of  one 
year  next  after  the  last  inspection  and  sealing  thereof,  provided  the 
said  person  shall  have  notified  the  city  sealer  in  cities  subject  to  the 
provisions  of  section  1661,  or  the  superintendent  of  weights  and 
measures,  respectively,  in  writing,  signed  by  said  person,  of  the  fact 
that  he  has  such  weight  or  measure  or  weighing  or  measuring  device, 
giving  the  number  thereof  and  a  general  description  of  the  same, 
and  the  place  where  the  same  may  be  found  for  the  purpose  of 
inspection,  and  shall  have  received  a  written  acknowledgment  of 
said  notice,  signed  by  such  city  sealer  or  superintendent  of  weights 
and  measures. 

Stats.,  1921,  Vol  II,  ch.  187,  p.  2299. 

Sec.  4601aa  (al913).  Foods;  false  branding  of  weight,  measure,  count, 
or  contents;  prosecution. — Any  person,  who  by  himself,  or  by  his 
servant  or  agent,  or  as  the  servant  or  agent  of  another,  shall  manu- 
facture or  solicit  or  take  orders  for  delivery,  or  sell,  exchange,  de- 
liver or  have  in  possession  with  the  intent  to  sell,  exchange  or  expose, 
or  offer  for  sale  or  exchange  any  article  of  food  within  the  meaning 
of  section  4600  of  the  statutes  which  is  misbranded  within  the  mean- 
ing of  this  section  shall  be  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  not  less  than  ten  days  nor  more  than  sixty  days. 


908  LAWS  CONCERNING  WEIGHTS  AND   MEASURES 

The  term  "  misbranded,"  as  used  herein,  shall  apply : 

(1)  To  articles  of  food,  or  articles  which  enter  into  the  composi- 
tion of  food,  which,  or  the  package  or  label  of  which  shall  bear  any 
statement,  design  or  device  regarding  such  article  or  the  ingredients 
or  substances  contained  therein  which  shall  be  false  or  misleading  in 
any  particular; 

(2)  To  articles  of  food  in  package  form  which  do  not  bear  plainly 
and  conspicuously  marked  on  the  outside  thereof  the  name  and 
address  of  the  manufacturer,  packer  or  dealer; 

(3)  To  articles  of  food  in  package  form  if  the  actual  quantity  of 
the  contents  be  not  plainly  and  conspicuously  marked  on  the  outside 
of  the  package  in  terms  of  weight,  measure  or  numerical  count; 
reasonable  variations,  however,  shall  be  permitted  from  the  stated 
weight,  measure  or  numerical  count,  and  the  dairy  and  food  commis- 
sioner shall  establish  tolerances  for  the  same  by  rules  and  regula- 
tions ; 

The  term  "  label,"  as  used  in  this  section  and  in  section  4601,  or 
in  any  other  section  of  the  statutes,  relating  to  the  adulteration  or 
misbranding  of  food,  unless  otherwise  specifically  described  and  pro- 
vided therein,  shall  apply  to  any  printed,  pictorial,  or  other  matter 
upon  or  attached  to  any  package  of  a  food  product  or  any  con- 
tainer thereof. 

The  term  "  package  "  as  applied  to  articles  of  food  shall  mean  a 
closed  receptacle  of  any  kind  in  which  an  article  of  food  is  kept  in 
stock  and  which  with  its  contents  is  sold  to  the  public. 

The  dairy  and  food  commissioner,  by  himself,  or  by  his  assistants, 
chemists,  inspectors  and  agents,  is  hereby  authorized  to  enforce  the 
provisions  of  this  section  and  for  this  purpose  all  the  powers  con- 
ferred upon  the  said  commissioner,  his  assistants,  chemists,  in- 
spectors and  agents,  by  sections  1410a,  1410b,  1410d,  or  by  any  other 
provision  of  the  statutes  are  hereby  conferred  upon  said  dairy  and 
food  commissioner,  his  assistants,  chemists,  inspectors  and  agents, 
so  far  as  the  same  may  be  applicable. 

The  provisions  of  subdivisions  (3)  and  (4)  of  this  section  shall 
not  apply  to  foods  in  package  form  when  dispensed  for  consump- 
tion on  the  premises,  or  when  the  numerical  count  of  the  inclosed 
units  is  less  than  six,  or  when  the  net  weight  of  the  contents  of  the 
package  is  less  than  three  ounces  avoirdupois;  or  in  case  of  liquids 
when  the  contents  of  the  package  are  less  than  one  fluid  ounce ;  or  to 
fruits  and  vegetables  when  such  fruits  and  vegetables  are  sold  by 
the  standard  barrel,  standard  crate,  standard  box  or  basket  or  other 
standard  receptacle  as  provided  in  section  1668  of  the  statutes. 

Sec.  4601-2a.  Ice  cream,  volume  of,  when  melted. — 10.  (a)  *  *  * 
The  volume  of  ice  cream  after  being  melted  shall  be  not  less  than 
one-half  the  volume  of  the  ice  cream  as  manufactured  and  sold. 

^  *  *  *  Tne  volume  of  fruit  ice  cream  after  being  melted 
shall  be  not  less  than  one-half  the  volume  of  the  fruit  ice  cream  as 
manufactured  and  sold. 

(c)  *  *  *  rphg  volume  of  nut  ice  cream  after  being  melted 
shall  be  not  less  than  one-half  the  volume  of  the  nut  ice  cream  as 
manufactured  and  sold. 


WISCONSIN  909 

(d)  *  *  *  The  volume  of  chocolate  or  cocoa  ice  cream  or 
caramel  ice  cream  after  being  melted  shall  be  not  less  than  one-half 
the  volume  of  the  chocolate  or  cocoa  ice  cream  or  caramel  ice  cream 
as  manufactured  and  sold. 

^  *  *  *  <phe  volume  of  orange  ice  cream,  lemon  ice  cream, 
caramel  ice  cream  or  wintergreen  ice  cream  after  being  melted  shall 
be  not  less  than  one-half  the  volume  of  the  orange  ice  cream,  lemon 
ice  cream,  caramel  ice  cream,  or  wintergreen  ice  cream  as  manufac- 
tured and  sold. 

^  *  *  *  t^  voiume  0f  maple  ice  cream  after  being  melted 
shall  be  not  less  than  one-half  the  volume  of  the  maple  ice  cream 
as  manufactured  and  sold. 

Stats.,  1921,  Vol.  I,  ch.  76,  p.  1286. 

Sec.  1658m,  as  added  by  Laws,  1923,  ch.  244,  p.  436.  Standard  time. — 
The  standard  of  time  in  this  State  shall  be  the  solar  time  of  the 
ninetieth  meridian  west  of  Greenwich,  commonly  known  as  central 
time,  and  no  department  of  the  State  government  and  no  county, 
city,  town  or  village  shall  employ  any  other  time  or  adopt  any 
ordinance  or  order  providing  for  the  use  of  any  other  than  the 
standard  of  time. 

Stats.,  1921,  Vol.  I,  ch.  76gg,  p.  1162. 

Sec.  1495-10  (1921).  Standards  and  regulations  for  food  products  and 
farm  products. — 1.  The  department,  after  public  hearing,  may  establish 
standards  for  the  grade  or  other  classification  of  food  products  and 
farm  products  and  for  receptacles  therefor  and  may  prescribe  regu- 
lations governing  the  marks  or  tags  which  may  be  required  upon 
food  products  or  farm  products  or  upon  receptacles  therefor,  for  the 
purpose  of  showing  the  name,  address  or  serial  number  of  the  person 
producing  or  marketing  the  product,  the  grade  or  other  classification, 
quality,  quantity,  type,  variety,  size,  weight,  nature  or  condition  of 
the  product. 

2.  No  standard  or  regulation  under  this  section,  which  is  repug- 
nant to  any  requirement  made  mandatory  under  Federal  law,  shall 
apply  to  products  or  receptacles  which  are  being  shipped  from  the 
State  in  interstate  commerce. 

3.  No  standard  shall  apply  to  products  or  receptacles  coming  from 
outside  the  State  but  such  products  or  receptacles  may  be  required  to 
be  marked  or  tagged  to  indicate  that  they  came  from  outside  the 
State  and  to  show  any  other  fact  regarding  which  marking  or  tag- 
ging may  be  required  under  this  section :  Provided,  That  such  prod- 
ucts or  receptacles,  at  the  time  when  marking  or  tagging  is  required, 
have  ceased  to  be  interstate  commerce. 

4.  No  standard  established  under  this  section  for  the  grade  or 
other  classification  of  any  food  product  or  farm  product  shall  affect 
the  right  of  any  person  to  dispose  of  such  product  without  conforming 
to  the  standard,  but  such  person  may  be  required  to  mark  or  tag 
such  product,  in  such  a  manner  as  the  department  may  direct,  to  in- 
dicate that  it  is  not  intended  to  be  marketed  as  of  a  grade  or  classi- 
fication contained  in  the  standard  and  to  show  any  other  fact  re- 
garding which  marking  or  tagging  may  be  required  under  this  sec- 
tion. 


910  LAWS   CONCERNING   WEIGHTS  AND  MEASURES 

5.  No  standard  or  regulation  shall  be  established  or  prescribed 
under  this  section  which  is  in  conflict  with  any  standard  or  regula- 
tion contained  in  or  heretofore  promulgated  under  authority  of  any 
other  statute  of  the  State. 

6.  No  standard  or  regulation  shall  be  established  or  prescribed  by 
the  department  of  markets  under  this  section  in  any  case  where  any 
other  State  department,  commission  or  official  has  authority  to  estab- 
lish such  a  standard  or  prescribe  such  a  regulation,  unless  the  depart- 
ment of  markets  establishes  the  standard  or  prescribes  the  regulation 
jointly  with  such  other  department,  commission  or  official.  No  stand- 
ard or  regulation  shall  be  established  or  prescribed  by  any  other 
State  department,  commission  or  official  in  any  case  where  the  de- 
partment of  markets  has  authority  to  establish  such  a  standard  or 
prescribe  such  a  regulation  under  this  section,  unless  such  other  de- 
partment, commission  or  official  establishes  the  standard  or  prescribes 
the  regulation  jointly  with  the  department  of  markets.  The  gov- 
ernor shall  act  as  arbiter  in  case  of  disagreement  or  conflict  of  au- 
thority between  the  department  of  markets  and  any  other  State 
department,  commission  or  official  under  this  section. 

7.  No  standard  established  under  this  section  shall  become  effec- 
tive until  at  least  thirty  days  after  the  text  thereof  is  published. 

8.  Whenever  any  standard  or  regulation  under  this  section  has 
become  effective,  no  person  marketing  or  having  in  his  possession 
for  commercial  purposes  any  product  or  receptacle  to  which  the 
standard  is  applicable  shall  represent  such  product  or  receptacle, 
unless  in  a  manner  authorized  by  the  department,  as  being  of  any 
grade  or  classification  other  than  a  grade  or  classification  contained 
in  such  standard,  except  as  provided  in  subsections  2  and  3  of  this 
section;  and  no  person  marketing  or  having  in  his  possession  for 
commercial  purposes  any  product  or  receptacle  to  which  the  standard 
is  applicable  shall  represent  such  product  or  receptacle  as  being 
of  a  grade  or  classification  contained  in  the  standard,  when  as  a 
matter  of  fact  such  product  or  receptacle  is  below  the  requirements 
of  such  grade  or  classification;  and  no  person  shall  market  or  have 
in  his  possession  for  commercial  purposes  any  product  or  recep- 
tacle unless  the  marking  or  tagging  thereon  conforms  to  the  regu- 
lation prescribed  under  this  section:  Provided,  That  representing 
a  product  or  receptacle  as  being  of  a  grade  or  classification  contained 
in  the  standard,  when  as  a  matter  of  fact  such  product  or  receptacle 
is  below  the  requirements  of  such  grade  or  classification,  shall  not  be 
a  violation  of  this  section,  if  the  department  has  adopted  the  means 
of  enforcing  the  standard  described  in  section  1495-11:  Provided, 
fvtrther,  That  possession,  under  this  section  shall  not  include  pos- 
session by  a  carrier  or  other  bailee. 

9.  Whenever  the  department  finds  that  any  person  marketing  or 
having  in  his  possession  any  product  or  receptacle  to  which  the 
standard  is  applicable  has  intentionally  violated  any  provision  of 
subsection  8  of  this  section,  the  department,  after  opportunity  for 
hearing  has  been  given  such  person,  may,  by  special  order,  revoke 
the  right  of  such  person  to  represent  any  product  or  receptacle 
to  which  the  standard  is  applicable  as  being  of  any  grade  or  classi- 
fication contained  in  the  standard  and  may,  in  said  order,  require 
such  person  to  mark  or  tag  such  product  or  receptacle  as  provided 


WISCONSIN  911 

in  subsection  4  of  this  section.  The  department  may,  without  hear- 
ing, suspend  such  right  for  a  period  not  exceeding  ten  days,  pending 
investigation.  The  department  may,  in  the  discretion  of  the  com- 
missioner, restore  such  right  to  any  person  from  whom  it  has  been 
revoked. 

Sec.  1495-11.  Inspector's  certificate. — 1.  The  department,  as  a  means 
of  enforcing  the  standard  for  the  grade  or  other  classification  of 
any  food  product  or  farm  product  or  for  any  receptacle  therefor, 
may  require  any  such  product  or  receptacle  to  bear  the  official  cer 
tificate  of  an  inspector  licensed  under  section  1495-12. 

2.  Whenever  the  department  has  required  any  product  or  recep- 
tacle to  bear  the  official  certificate  of  an  inspector  licensed  under  sec- 
tion 1495-12,  no  person  marketing  or  having  in  his  possession  for 
commercial  purposes  any  such  product  or  receptacle  shall  remove, 
mutilate  or  alter  the  official  certificate  thereon  or  represent  such 
product  or  receptacle,  unless  in  a  manner  authorized  by  the  depart- 
ment, as  being  of  any  grade  or  classification  other  than  the  grade 
or  classification  designated  by  the  official  certificate  thereon,  except 
as  provided  in  subsections  2  and  3  of  section  1495-10 ;  and  no  person 
shall  market  or  have  in  his  possession  for  commercial  purposes  any 
such  product  or  receptacle  unless  such  product  or  receptacle  bears 
the  official  certificate  of  an  inspector  licensed  under  section  1495-12, 
except  as  provided  in  subsections  2,  3  and  4  of  section  1495-10 :  Pro- 
vided, That  such  a  product  or  receptacle  may  be  marketed  or  had 
in  possession  without  an  official  certificate  issued  at  the  point  of  ship- 
ment if  such  product  or  receptacle  is  destined  for  shipment  to  a  point 
within  the  State,  where  the  shipper  has  arranged  for  the  issuance 
of  an  official  certificate:  Provided,  further,  That  possession,  under 
this  section,  shall  not  include  possession  by  a  carrier  or  other  bailee. 

Sec.  1495-12.  Licensing  of  inspectors. — 1.  The  department,  upon 
presentation  of  satisfactory  evidence  that  the  applicant  is  competent, 
may  issue  a  license  to  any  person  to  certify  the  grade  or  other  classi- 
fication of  food  products  or  farm  products  or  of  receptacles  there- 
for, for  which  standards  have  become  effective  under  section  1495-10. 
The  purpose  of  such  certification  may  be  either  to  enforce  the  stand- 
ard or  merely  to  furnish  to  an  interested  party  an  official  statement 
of  the  grade  or  other  classification.  A  certificate  issued  under  this 
section,  unless  superseded  by  a  finding  as  provided  in  subsection  4  of 
this  section,  shall  be  accepted  in  any  court  of  this  State  as  prima 
facie  evidence  of  the  facts  to  which  the  certificate  relates. 

2.  No  fee  shall  be  charged  the  licensee  for  any  license  issued  under 
this  section. 

3.  The  department  may — in  the  discretion  of  the  commissioner — 
fix  and  cause  to  be  collected  a  reasonable,  uniform  fee  for  certifica- 
tion where  the  purpose  of  such  certification  is  to  enforce  the  stand- 
ard. The  department  shall  fix  and  cause  to  be  collected  a  reasonable, 
uniform  fee  for  certification  where  the  purpose  of  such  certification 
is  merely  to  furnish  to  an  interested  party  an  official  statement  of  the 
grade  or  other  classification. 

4.  Any  person  affected  by  a  certification  made  under  this  section 
may  appeal  to  the  department  from  such  certification  within  a 
reasonable  time  to  be  prescribed  in  regulations  issued  by  the  depart- 

517—27 58 


912  LAWS   CONCERNING  WEIGHTS  AND  MEASURES 

ment.  The  department  shall  thereupon  make  an  investigation  to 
determine  the  true  grade  or  other  classification  of  the  product  or 
receptacle  and  shall  issue  a  finding  thereof.  Such  a  finding  shall  be 
accepted  in  any  court  of  this  State  as  prima  facie  evidence  of  the 
facts  to  which  the  finding  relates. 

5.  The  department  shall  charge  and  collect  a  reasonable  fee  for 
any  appeal  taken  under  this  section  but  shall  refund  such  fee  if  the 
appeal  is  sustained. 

6.  The  department,  after  opportunity  for  hearing  has  been  given 
the  licensee,  may,  by  special  order,  revoke  any  license  issued  under 
this  section,  whenever  the  department  finds  that  such  licensee  is  in- 
competent or  has  knowingly  or  carelessly  issued  any  false  or  im- 
proper certificate  of  grade  or  other  classification  or  has  accepted 
money  or  other  consideration,  directly  or  indirectly,  as  compensa- 
tion for  any  neglect  or  improper  performance  of  duty  or  has  vio- 
lated any  provision  of  sections  1495-1  to  1495-30,  inclusive,  or  any 
regulation  made  thereunder.  The  department  may,  without  hear- 
ing, suspend  such  right  for  a  period  not  exceeding  ten  days,  pending 
investigation.  The  department  may  in  the  discretion  of  the  commis- 
sioner, restore  the  license  of  any  person  whose  license  has  been  re- 
voked. 

7.  No  person  shall  certify  or  attempt  to  certify  that  the  grade  or 
other  classification  of  any  food  product  or  farm  product  or  of  any  re- 
ceptacle therefor  conforms  or  does  not  conform  to  the  standard 
established  under  section  1495-10,  unless  such  person  holds  an  unre- 
voked and  unsuspended  license  issued  under  this  section.  No  per- 
son shall  influence  or  attempt  to  influence  any  licensee  to  neglect  or 
improperly  perform  his  duty.  No  licensee  shall  knowingly  issue  any 
false  or  improper  certificate  of  grade  or  other  classification  or  accept 
money  or  other  consideration,  directly  or  indirectly,  as  compensation 
for  any  neglect  or  improper  performance  of  his  duty. 

Stats.,  1921,  Vol.  I,  eh.  77,  p.  1293. 

Sec.  1671  (al898).  Rate  fixed.— The  owners  or  occupiers  of  all  grist- 
mills moved  by  water  shall  be  entitled  to  one-eighth  part  of  all  wheat, 
rye  or  other  grain  ground  and  bolted  or  ground  and  not  bolted,  and  no 
more ;  and  such  owners  or  occupiers  shall  not  be  permitted  to  grind 
their  own  grain  to  the  exclusion  of  other  grists  so  long  as  such  mill 
is  used  and  occupied  as  a  gristmill. 

Stats.,  1921,  Vol.  II,  ch.  84a,  p.  1385. 

Sec.  1747-5,  as  amended  by  Laws,  1923,  ch.  114,  p.  208.  Duties;  weigh- 
ing and  grading  grain. — The  grain  and  warehouse  commission  shall 
inspect,  weigh  and  grade  all  grain  grown  in  this  State,  and  any 
other  grain  upon  request  which  is  milled  or  received  for  milling, 
bought  or  sold  in  the  city  of  Superior,  and  shall  inspect,  weigh  and 
grade  all  grain  received  for  storage,  stored  or  shipped  either  by  boat 
or  railway  from  any  and  all  public  warehouses  as  defined  by  or  de- 
clared to  be  such  warehouses  under  the  provisions  of  section  1747-6 
of  the  statutes :  Provided,  however,  That  whenever  the  Secretary  of 
Agriculture  of  the  United  States  has  established  grades,  weights 
and  measures,  or  any  standards  of  quality  and  condition  of  any 
grain,  seed  and  other  agricultural  products  under  the  United  States 
grain  standards  act,  such  grades,  standards  of  quality  and  condi- 


WISCONSIN  913 

tions,  weights  and  measures  shall  become  the  grades,  standards  of 
quality  and  conditions,  weights  and  measures  of  this  State.  For 
the  purpose  of  making  such  inspection,  weighing  and  grading  of 
grain,  said  commission  shall  have  the  power,  and  it  shall  be  their 
duty  to  appoint  a  chief  inspector  and  one  or  more  deputy  inspectors, 
a  weighmaster  and  one  or  more  deputy  weighmasters,  and  to  adopt 
and  publish  rules  and  regulations  governing  the  inspection,  weigh- 
ing and  grading  of  grain  delivered  into  or  shipped  out  of  any  and 
all  such  elevators  and  warehouses  in  said  city.  And  there  is  further 
granted  to  said  commission  full  power  and  authority  to  make  such 
further  regulations  as  will  enable  them  to  fully  comply  with  all  the 
provisions  of  sections  1747-1  to  1747-55,  inclusive,  of  the  statutes, 
including  the  granting  of  licenses  to  elevators  and  warehouses  here- 
inafter provided  for,  and  the  establishment  and  collection  of  charges 
and  fees  for  the  inspection,  weighing  and  grading  of  the  grain. 

2.  The  commission  may,  upon  request,  enforce  reasonable  regula- 
tions for  the  weighing  of  cars  of  coal  offered  for  shipment  in  carload 
lots  and  may  direct  any  deputy  weighmaster  to  weigh  coal  in  car- 
load lots  on  the  docks  within  the  territory  under  its  jurisdiction, 
except  coal  shipped  by  any  person,  firm  or  corporation  for  its  own 
use  or  consumption,  and  issue  weighing  certificates  therefor,  and  to 
inspect  and  supervise  scales  therefor.  The  commission  shall  fix  a 
fee  for  any  such  services,  and  such  fee  and  all  expenses  incurred  by 
the  commission  in  complying  with  such  request  shall  be  paid  by  the 
person,  firm  or  corporation  making  the  request  therefor. 

Sec.  1747-20  (al907).  Test  of  scales;  penalty.—*  *  *  And  all 
scales  used  for  the  weighing  of  grain  in  public  warehouses  shall  be 
subject  to  examination  and  test  by  any  duly  authorized  inspector, 
weighmaster  or  sealer  of  weights  and  measures,  at  any  time  when 
required  by  any  person  or  persons,  agent  or  agents,  whose  grain  has 
been,  or  is  to  be  weighed  on  such  scales.  The  expense  of  such  test 
by  an  inspector  or  sealer  to  be  paid  by  the  warehouse  proprietor  if 
the  scales  are  found  incorrect,  but  not  otherwise.  Any  warehouse 
man  who  shall  be  guilty  of  continuing  to  use  scales  found  to  be  in  an 
imperfect  or  incorrect  condition,  by  such  examination  and  test,  until 
the  same  shall  have  been  pronounced  correct  and  properly  sealed, 
shall  be  liable  to  be  proceeded  against  as  herein  provided. 

Sec.  1747-21,  as  amended  by  Laws,  1923,  ch.  114,  p.  208.  Duty  of 
weighma'ster. — The  weighmaster  appointed  by  the  grain  and  ware- 
house commission  and  his  deputies,  shall  supervise  and  have  exclusive 
control  of  the  weighing  of  grain  received  into  any  mill  or  received, 
stored  or  delivered  or  shipped  from  any  and  all  public  warehouses 
and  also  the  inspection  of  scales  upon  which  grain  is  weighed ;  and 
the  action  or  certificates  of  such  weighmaster  or  his  assistants,  in  the 
discharge  of  their  duties,  shall  be  conclusive  upon  all  parties,  either 
in  interest  or  otherwise,  as  to  the  matters  contained  in  said  cer- 
tificates. 

Sec.  1747-22.  Fees. — The  grain  and  warehouse  commission  shall  fix 
the  fees  to  be  paid  for  the  weighing  of  grain,  which  fees  shall  be 
paid  by  the  warehouseman,  and  may  be  added  to  the  charges  for 
storage. 

Sec.  1747-23  (al913).  Weighmaster;  assistant;  eligibility;  bonds. — 
The  weighmaster  and  each  and  every  assistant  shall  not  be  a  member 
of  any  board  of  trade  or  association  of  like  character.     They  shall 


914  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

give  bonds  in  the  sum  of  two  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  their  duties. 

Sec.  1747-24.  Penalty  for  obstruction. — In  case  any  person,  ware- 
house or  railroad  corporation  or  any  of  their  agents  or  employes, 
shall  refuse  or  prevent  the  weighmaster,  or  either  of  his  assistants, 
from  having  access  to  their  scales  in  the  regular  performance  of 
their  duties  in  supervising  and  weighing  of  any  grain  in  accord- 
ance with  the  tenor  and  meaning  of  sections  1747-1  to  1747-55, 
inclusive,  they  shall  forfeit  the  sum  of  one  hundred  dollars  for  each 
offense  to  be  recovered  in  an  action  by  the  said  grain  and  warehouse 
commission,  and  any  and  all  moneys  collected  shall  be  turned  into 
the  State  treasury. 

Sec.  1747-33  (al911).  Liens. — The  charge  for  the  inspection  and 
weighing  of  grain  under  the  provisions  of  sections  1747-1  to  1747-55, 
inclusive,  shall  be  and  constitute  a  lien  on  grain  so  inspected,  or 
weighed,  and  whenever  such  grain  is  in  transit  the  said  charges 
shall  be  treated  as  advanced  charges  to  be  paid  by  the  common  car- 
rier in  whose  possession  the  same  is  at  the  time  of  inspection. 

Sec.  1747-41,  as  amended  by  Laws,  1923,  ch.  114,  p.  208.  Publishing 
rules. — The  rules  and  regulations  adopted  by  said  grain  and  ware- 
house commission  for  the  weighing  and  inspection  of  grain  shall 
be  published  in  a  daily  newspaper  in  the  city  of  Superior  and  in 
each  city  in  which  a  public  warehouse  is  located. 

Sec.  1747-58  (al907).  Minnesota  sales  void. — All  contracts  for  the 
sale  or  purchase  of  grain  upon  the  basis  of  grades  fixed  upon  inspec- 
tion made  by  any  person  or  persons  appointed  or  employed  by  or 
under  the  railroad  and  warehouse  commission  of  the  State  of  Min- 
nesota or  upon  weights  fixed  or  certified  by  such  appointees  or  em- 
ployes or  by  any  person  in  any  wise  related  to  or  connected  with 
the  board  of  trade  of  the  city  of  Duluth,  where  the  grain  is  to  be 
delivered  or  weighed  in  Superior  shall  be  void. 

Sec.  1747-60.  Presumption  of  sale. — All  grain  delivered  from  any 
and  all  elevators  to  cars  or  boats  in  the  city  of  Superior,  shall  be 
presumed  to  have  been  delivered  upon,  or  in  fulfilment,  in  whole 
or  in  part,  of  a  contract  for  the  sale  thereof,  and  shall  subject  said 
grain  to  weighing  and  inspection  under  the  provisions  of  this  act 
at  the  time  of  such  delivery.  But  this  shall  not  apply  to  the  use 
of  boats  for  storage  out  of  the  navigation  season,  provided  the  grain 
is  afterwards  returned  to  the  elevator  for  inspection  and  weighing. 

Sec.  1747-61.  Unauthorized  weighing;  penalty. — No  person  who  is 
not  the  chief  weighmaster  or  a  deputy  weighmaster  under  the  pro- 
visions of  chapter  19  of  the  laws  of  Wisconsin  for  the  year  1905 
shall  weigh  any  grain  received  into  any  elevator  or  mill  in  the  city 
of  Superior  or  shipped  out  of  such  elevator  or  mill,  and  any  person 
who  shall  violate  any  of  the  provisions  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  for  each 
offense:  Provided,  however,  That  this  section  shall  not  prevent  the 
owner  of  any  grain  from,  or  punish  him  for,  weighing  his  own  grain 
where  such  weighing  does  not  in  anywise  relate  to  the  sale,  purchase 
or  delivery  or  payment  for  said  grain,  and  is  solely  for  his  private 
use,  but  the  burden  of  proof  in  any  case  to  show  that  such  weighing 
is  for  such  private  use  shall  be  upon  the  defendant. 


WISCONSIN  915 

Stats.,  Vol  II,  1921,  ch.  87,  p.  1470. 

Sec.  1797-10  (al921).  Freight,  weighing  of;  empty  cars,  weighing  of, 
when;  platform  scale  for  weighing  of  livestock;  railroad  weights  and 
scales. — *  *  *  (b)  Every  railroad  shall  correctly  weigh  all  freight 
shipped  on  actual  weight,  and  shall  also  correctly  weigh  all  empty 
cars  when  freight  is  shipped  in  carload  lots;  and  to  facilitate  deal- 
ings between  shippers  of  livestock  and  railroad  companies,  includ- 
ing the  ascertainment  of  the  minimum  weight  required  to  be  loaded 
to  entitle  the  shipper  to  carload  rates  and  the  amount  of  loss  sus- 
tained by  the  shipper  in  the  event  of  the  destruction  of  stock  in 
transit  through  the  negligence  of  the  carrier,  at  every  point  at  which 
any  railroad  company  maintains  a  stockyard  and  an  agent,  from 
which  point  an  average  of  twenty-five  carloads  or  more  of  stock 
were  shipped  during  each  of  the  four  preceding  years,  it  shall  be  the 
duty  of  such  railroad  to  maintain  or  cause  to  be  maintained  after 
November  1,  1921,  a  suitable  platform  scale  properly  housed  for 
the  weighing  of  livestock:  Provided,  That,  upon  application  made 
prior  to  said  date,  the  railroad  commission  may  by  order  extend  the 
time  for  installing  any  such  scale  to  a  date  not  later  than  January  1, 
1922.  The  capacity  of  such  scale  may  be  prescribed  by  the  rail- 
road commission  upon  the  application  of  the  railroad  or  of  any  per- 
son shipping  livestock  from  such  point  during  the  preceding  year: 
Provided,  That  upon  notice  of  such  character  as  the  railroad  com- 
mission may  prescribe  to  each  person  who  shipped  livestock  during 
the  preceding  year  from  any  such  point  or  points  upon  its  line,  any 
railroad  may  apply  to  the  railroad  commission  for  an  order  ex- 
empting such  point  or  points  from  the  operation  of  this  section 
upon  sufficient  proof  to  satisfy  it  that  the  probable  benefit  to  accrue 
to  shippers  in  their  dealings  with  the  railroad  company  will  not 
warrant  the  financial  burden  that  would  be  imposed  upon  the  rail- 
road by  the  installation  of  such  scales  adequately  housed  at  the  point 
or  points  named  in  the  application,  and  in  its  determination  of  such 
benefits  or  burdens  the  railroad  commission  shall  not  consider  any 
benefits  that  might  accrue  to  shippers  in  their  dealings  with  other 
than  the  carriers  concerned.  It  shall  not  be  necessary  for  any  rail- 
road company  to  furnish  an  attendant  of  platform  scales  installed 
pursuant  to  the  provisions  hereof  except  where  its  local  agent  re- 
fuses to  furnish  a  key  thereof  to  a  shipper  of  livestock  upon  season- 
able demand  therefor. 

(c)  The  commission  shall  have  power  to  make  and  enforce  reason- 
able regulations  for  furnishing  cars  to  shippers  and  for  moving  and 
switching  the  same,  and  for  the  loading  and  unloading  thereof,  and 
the  weighing  of  cars  and  freight  offered  for  shipment  over  any  line 
of  railroad,  and  to  test  the  weights  made  by  any  railroad  and  scales 
used  in  weighing  freight  or  cars. 

Stats.,  1921,  ch.  98,  as  renumbered  by  Laws,  1923,  ch.  152,  p.  255. 

Sec.  98.09  (al913).  Babcock  milk  and  cream  tests;  samples;  paying 
check. — 1.  In  the  use  of  ths  Babcock  test,  the  standard  milk  meas- 
ures or  pipettes  shall  have  *  capacity  of  seventeen  and  six-tenths 
cubic  centimeters,  and  the  standard  test  tubes  or  bottles  for  milk 
shall  have  a  capacity  of  two  cubic  centimeters  for  each  ten  per  cent 
marked  on  the  necks  thereof;  cream  shall  be  tested  by  weight  and 


916  LAWS   CONCERNING   WEIGHTS  AND   MEASURES 

the  standard  unit  for  testing  shall  be  eighteen  grams,  and  it  is 
hereby  made  a  misdemeanor  to  use  any  other  standards  of  milk  or 
cream  measure  where  milk  or  cream  is  purchased  by  or  furnished 
to  creameries  or  cheese  factories  and  where  the  value  of  said  milk 
or  cream  is  determined  by  the  per  cent  of  butterfat  contained  in  the 
same,  or  wherever  the  value  of  milk  or  cream  is  determined  by  the 
per  cent  of  butterfat  contained  in  the  same  by  the  Babcock  test. 

2.  In  sampling  cream  or  milk  from  which  composite  tests  are  to 
be  made  to  determine  the  per  cent  of  butterfat  contained  therein,  no 
such  sample  or  sampling  shall  be  lawful  unless  a  sample  be  taken 
from  each  weighing  and  the  quantity  thus  used  shall  be  proportioned 
to  the  total  weight  of  the  cream  or  milk  tested. 

3.  Every  person,  corporation  or  company  operating  a  creamery 
when  using  the  Babcock  test  as  a  standard  and  manufacturing  butter 
to  determine  the  value  of  any  milk  or  cream  received  or  bought  by 
such  person,  corporation  or  company,  shall,  when  paying  for  such 
milk  or  cream,  include  in  every  statement  or  check  issued  to  any 
patron  in  payment  thereof  a  statement  of  the  number  of  pounds  of 
butterfat  and  the  number  of  pounds  of  butter  made  for  the  period 
of  time  for  which  payment  is  made. 

Sec.  98.10  (al915).  Standardization  of  Babcock  test  pipettes;  sealers 
not  required  to  seal  bottles  or  pipettes. — 1.  All  bottles  and  pipettes 
used  in  measuring  milk  or  milk  products  for  making  determination 
of  the  per  cent  of  fat  in  said  milk  or  milk  products  shall  have  clearly 
blown  or  otherwise  permanently  marked  in  the  side  of  the  bottle  or 
pipette  the  word  "  Sealed,"  and  in  the  side  of  the  pipette  or  the  side 
or  bottom  of  the  bottle  the  name,  initials,  or  trade-mark  of  the  manu- 
facturer and  his  designating  number,  which  designating  number 
shall  be  different  for  each  manufacturer  and  may  be  used  in  identify- 
ing bottles.  The  designating  number  shall  be  furnished  by  the 
State  superintendent  of  weights  and  measures  upon  application  by 
the  manufacturer  and  upon  the  filing  by  the  manufacturer  of  a  bond 
in  the  sum  of  one  thousand  dollars  with  sureties  to  be  approved  by 
the  attorney  general,  conditioned  upon  conformance  with  the  re- 
quirements of  this  section.  A  record  of  the  bonds  furnished,  the 
designating  number,  and  to  whom  furnished,  shall  be  kept  in  the 
office  of  the  State  superintendent  of  weights  and  measures. 

2.  Any  manufacturer  who  sells  Babcock  milk,  cream  or  butter  test 
bottles  or  milk  pipettes,  to  be  used  in  this  State,  that  do  not  comply 
with  the  provisions  of  this  section  shall  suffer  the  penalty  of  five 
hundred  dollars  to  be  recovered  by  the  attorney  general  in  an  action 
against  the  offender's  bondsmen,  to  be  brought  in  the  name  of  the 
people  of  the  State.  Any  dealer  who  uses,  for  the  purpose  of  de- 
termining the  per  cent  of  milk  fat  in  milk  or  milk  products,  any 
bottles  or  pipettes  purchased  after  this  law  takes  effect  that  do  not 
comply  with  the  provisions  of  this  section  relating  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  ten  days  nor  more  than  three  months. 

3.  The  State  superintendent  of  weights  and  measures  shall  pre- 
scribe specifications  with  which  the  glassware  mentioned  in  this  sec- 
tion shall  comply.    The  unit  of  graduation  for  all  Babcock  glass- 


WISCONSIN  917 

ware  shall  be  the  true  cubic  centimeter  or  the  weight  of  one  gram  of 
distilled  water  at  four  degrees  centigrade. 

4.  Sealers  of  weights  and  measures  are  not  required  to  seal  Bab- 
cock  milk,  cream  or  butter  test  bottles  or  milk  pipettes  marked  as  in 
this  section  provided,  but  they  shall  from  time  to  time  make  tests  of 
individual  bottles  used  by  the  various  firms  in  the  territory  over 
which  they  have  jurisdiction  in  order  to  ascertain  whether  the  above 
provisions  are  being  complied  with  and  they  shall  report  immedi- 
ately to  the  State  superintendent  of  weights  and  measures  violations 
found. 

Sec.  98.11  (al913).  To  underread  or  overread  unlawful. — It  shall  be 
unlawful  for  any  person,  by  himself,  his  servant  or  agent  or  as  the 
servant  or  agent  of  another  to  falsely  manipulate  or  underread  or 
overread  or  make  any  false  determination  by  the  Babcock  test  or  any 
other  contrivance  used  for  determining  the  quality  or  value  of  milk 
or  cream  delivered  to  a  creamery,  cheese  factory,  or  condensed  milk 
factory,  or  when  sold  or  purchased. 

Sec.  98.13,  as  amended  by  Laws,  1923,  ch.  152,  p.  255,  sec.  201.  Penal- 
ties.—  (3)  Every  violation  of  any  of  the  provisions  of  sections  98.09, 
98.10  and  98.11  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  or  by  imprisonment 
of  not  less  than  thirty  days  nor  more  than  sixty  days. 

Stats.,  1921,  Vol.  I,  ch.  76gg,  p.  1162. 

Sec.  1494c  (al921).  Commercial  fertilizer,  net  weight  to  be  marked. — 1. 
Every  person  who  shall,  in  this  State,  sell  or  expose  for  sale  any 
commercial  feritlizer  or  any  material  used  for  fertilizing  purposes, 
excepting  agricultural  lime  and  the  dung  of  poultry  and  domestic 
animals  in  their  natural  condition  selling  for  less  than  ten  dollars 
per  ton,  shall  affix  to  every  package  of  such  fertilizer  or  material  in 
a  conspicuous  place  on  the  outside  thereof,  a  plainly  printed  state- 
ment clearly  and  truly  certifying  the  number  of  net  pounds  therein, 
name  or  trade-mark  under  which  the  article  is  sold,  name  of  the 
manufacturer  or  shipper,  place  of  manufacture,  place  of  business  of 
the  manufacturer     *     *     *. 

Sec.  1494-12.  Commercial  feeding  stuff,  net  weight  to  be  stated. — 
Every  manufacturer,  company  or  person  who  shall  sell,  offer  or 
expose  for  sale  or  for  distribution  in  this  State  any  concentrated 
commercial  feeding  stuff  used  for  feeding  farm  livestock,  shall  fur- 
nish with  each  car  or  other  amount  shipped  in  bulk  and  shall  affix 
to  every  package  of  such  feeding  stuff  in  a  conspicuous  place  on  the 
outside  thereof  a  plainly  printed  statement  clearly  and  truly  certi- 
fying the  number  of  net  pounds  in  the  car  or  package  sold  or  offered 
for  sale,  the  name  or  trade-mark  under  which  the  article  is  sold,  the 
name  of  the  manufacturer  or  shipper,  the  place  of  manufacture,  the 
place  of  business    *    *    *. 

Stats.,  1921,  Vol.  I,  ch.  84,  p.  1381. 

Sec.  1731  (al919).  Inspectors;  term.— The  governor  shall  appoint  an 
inspector  for  each  of  said  [four]  lumber  districts  who  shall  be  styled 
"  Lumber  inspector  of  district  no.  — "  (designating  the  proper 
district) ;  he  shall  at  the  time  of  his  appointment  be  a  citizen  of 
this  State  and  reside  within  the  lumber  district  for  which  he  is  ap- 
pointed.   The  term  of  office  of  each  of  the  four  inspectors  first  ap- 


918  LAWS  CONCERNING  WEIGHTS   AND   MEASURES 

pointed  shall  expire  on  the  first  Monday  in  April,  1921,  and  there- 
after the  term  of  office  of  each  inspector  shall  be  two  years  and  com- 
mence on  the  first  Monday  in  April  of  the  year  of  his  appointment, 
but  the  incumbent  shall  hold  until  his  successor  is  appointed  and 
qualified. 

Sec.  1732  (1864).  Their  duties,  oath  and  bond. — Each  lumber  inspec- 
tor shall,  before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe an  oath  that  he  will  faithfully  discharge  the  duties  of  his  office 
to  the  best  of  his  knowledge,  judgment  and  ability  and  execute  to  the 
county  in  which  his  office  shall  be  kept  a  bond,  with  three  or  more 
sureties,  to  be  approved  by  the  treasurer  and  county  judge,  in  the  sum 
of  five  thousand  dollars,  conditioned  that  he  will  faithfully  perform 
his  duties  as  lumber  inspector  of  district  (giving  the  number)  and 
deliver  to  his  successor  in  office  all  bills,  papers,  journals,  books  and 
other  effects  appertaining  to  his  office.  Such  oath  of  office  and  bond 
shall  be  filed  in  the  office  of  such  county  treasurer;  and  any  person 
feeling  himself  aggrieved  may  commence  an  action  in  his  own  name 
on  said  bond  in  like  manner  as  actions  may  be  brought  on  other 
official  bonds  according  to  the  provisions  of  chapter  44. 

Sec.  1733  (al919).  Location  of  offices. — The  inspectors  of  lumber  dis- 
trict number  one  shall  keep  his  office  at  Khinelander ;  of  district 
number  two,  at  Ladysmith ;  of  district  number  three,  at  Eau  Claire ; 
of  district  number  four,  at  Stevens  Point. 

Sec.  1734  (al869).  Deputies;  oaths. — Each  such  inspector  may  divide 
his  district  into  such  subdistricts  as  he  may  deem  best  and  for  each 
subdistrict,  as  well  as  for  any  specific  purpose,  may  appoint  one  or 
more  deputies,  for  whose  conduct  and  fidelity  in  the  discharge  of  his 
duties  as  such  he  shall  be  responsible  upon  his  official  bond;  each  of 
said  lumber  inspectors  shall  have  power  and  authority  to  administer 
oaths  to  their  several  deputies  or  for  any  purpose  relating  to  the 
duties  of  their  office. 

Sec,  1735  (1864),  Effect  of  scale  bills. — Each  lumber  inspector  shall, 
in  person  or  by  a  deputy,  at  the  request  of  any  owner  of  logs,  timber 
or  lumber,  after  a  scalement  or  measurement  thereof,  make  a  bill,  stat- 
ing therein  the  number  of  logs,  the  number  of  feet,  board  measure, 
contained  in  such  logs  and  lumber,  and  the  number  of  feet,  cubic,  run- 
ning or  board  measure,  contained  in  said  timber,  and  at  whose  re- 
quest the  same  were  scaled  or  measured  and  to  whom  scaled  or  meas- 
ured, a  copy  of  which  bill  he  shall  enter  upon  the  books  of  his  office, 
to  be  provided  by  him  and  kept  for  that  purpose,  with  the  marks  as 
they  occurred  upon  the  logs.  A  correct  bill  of  the  same  shall  be  given 
to  such  owner,  with  a  certificate  thereto  attached  that  it  is  a  true 
and  correct  bill,  which  bill  so  certified  shall  be  presumptive  evidence 
of  the  facts  therein  contained  and  of  the  correctness  of  such  scale- 
ment or  measurement  in  all  courts,  except  in  favor  of  the  inspector 
or  deputy  inspector  who  made  the  same. 

Sec.  1736  (al866).  Rules  for  measurement  of  lumber. — Each  lumber 
inspector  and  his  deputies  shall,  in  surveying  or  measuring  logs,  make 
such  allowance  for  hollow,  rotten  or  crooked  logs  as  would  make 
them  equal  to  good,  sound,  straight,  merchantable  logs;  and  all  logs 
that  are  straight  and  sound  are  to  be  measured  at  their  full  size, 
inside  the  bark  at  the  small  end,  and  all  logs  over  twenty- four  feet 
long  and  not  exceeding  thirty-six  feet,  shall  be  scaled  or  measured  as 
two  logs,  allowing  such  rise  from  the  first  to  the  second  log  as  the 


WISCONSIN 


919 


same  may  require  or  as  may  seem  proper  in  the  opinion  of  the  in- 
spector or  his  deputy.  Each  lumber  inspector  shall  require  of  each 
of  his  deputies,  at  the  end  of  each  month,  a  correct  account  of  all 
the  logs,  lumber  or  timber  measured  by  him  during  the  month  next 
preceding,  and  he  shall  immediately  enter  such  account  upon  the 
books  of  his  office. 

Sec.  1737  (al913).  Table  showing  standard  scale;  use  of  other. — The 
standard  rule  for  scaling  or  measuring  logs  in  the  said  districts  shall 
be  in  accordance  with  the  following  table,  showing  in  the  first  column 
the  diameter  of  log  at  the  small  end  in  inches,  at  the  head  of  each 
other  column  the  length  of  log  in  feet,  and  in  the  body  of  such  other 
columns  the  resultant  contents  of  each  log  in  board  measure  feet 
of  lumber,  to  wit: 


Diameter  of  log  at  small  end  in  inches 


6.. 
7_. 
8.. 
9.. 
10. 

11. 
12. 
13. 
14. 
15. 

16. 
17. 
18. 
19. 
20. 

21. 
22. 
23. 
24. 
25. 


27. 
28. 
29. 
30. 

31. 

32. 
33. 
34. 
35. 

36. 
37. 
38. 
39. 
40. 

41. 
42. 
43. 
44. 


45. 
46. 
47. 

48. 


Length  of  log  and  board  measurement  in  feet 


12 

14 

16 

18 

20 

22 

24 

10 

10 

20 

20 

20 

30 

30 

20 

20 

30 

30 

30 

40 

40 

20 

20 

30 

30 

30 

40 

40 

30 

30 

40 

40 

40 

50 

60 

30 

40 

60 

60 

70 

80 

90 

40 

50 

70 

80 

80 

90 

100 

60 

70 

80 

90 

100 

110 

120 

70 

80 

100 

110 

120 

130 

150 

90 

100 

110 

130 

140 

160 

170 

110 

120 

140 

160 

180 

200 

210 

120 

140 

160 

180 

200 

220 

240 

140 

160 

180 

210 

230 

250 

280 

160 

190 

210 

240 

270 

290 

320 

180 

210 

240 

270 

300 

330 

360 

210 

240 

280 

310 

350 

380 

420 

230 

270 

300 

340 

380 

420 

460 

250 

290 

330 

380 

420 

460 

500 

280 

330 

380 

420 

470 

520 

570 

300 

350 

400 

450 

500 

550 

610 

340 

400 

460 

520 

570 

630 

690 

370 

440 

500 

560 

620 

690 

750 

410 

480 

550 

620 

680 

750 

820 

440 

510 

580 

650 

730 

800 

870 

460 

530 

610 

680 

760 

840 

910 

490 

570 

660 

740 

820 

900 

990 

530 

620 

710 

800 

890 

980 

1,060 

650 

640 

740 

830 

920 

1,010 

1,100 

590 

690 

780 

880 

980 

1,080 

1,180 

600 

700 

800 

900 

1,000 

1,100 

1,200 

660 

770 

880 

980 

1,090 

1,200 

1,310 

690 

810 

920 

1,040 

1,150 

1,270 

1,380 

770 

900 

1,030 

1,160 

1,290 

1,440 

1,540 

800 

930 

1,070 

1,200 

1,330 

1,470 

1,600 

840 

980 

1,120 

1,260 

1,400 

1,540 

1,680 

900 

1,050 

1,200 

1,350 

1,500 

1,660 

1,800 

950 

1,110 

1,270 

1,430 

1,590 

1,750 

1,900 

1,010 

1,170 

1,340 

1,510 

1,680 

1,850 

2,020 

1,050 

1,220 

1,400 

1,570 

1,740 

1,920 

2,100 

1,110 

1,290 

1,480 

1,660 

1,850 

2,040 

2,220 

1,140 

1,330 

1,520 

1,710 

1,900 

2,090 

2,280 

1,190 

1,390 

1,  590 

1,780 

1,980 

2,180 

2,380 

1,240 

1,450 

1,660 

1,  860 

2,070 

2,280 

2,480 

1,300 

1,  510 

1,730 

1,940 

2,  160 

2,360 

2,600 

Other  rules  may  be  used  at  the  request  of  the  owner  of  logs;  but 
in  all  such  cases  the  bill  of  the  inspector  shall  state  by  what  rule 
the  logs  were  scaled  or  measured. 


920  LAWS  CONCERNING   WEIGHTS  AND   MEASURES 

Sec.  1741  (al919).  Fees  of  inspectors. — 1.  Each  lumber  inspector  or 
deputy  shall  be  entitled  to  receive  eight  dollars  per  day  for  time 
actually  and  necessarily  spent  in  the  performance  of  services  as  such 
lumber  inspector  or  deputy  and  necessary  traveling  expenses  in- 
curred in  the  discharge  of  such  services.  In  all  cases  such  compensa- 
tion and  expenses  shall  be  paid  by  the  owner  of  the  logs,  timber  or 
lumber  scaled  or  measured. 

2.  For  recording  each  mark  or  assignment  thereof,  fifty  cents. 

3.  For  recording  any  mortgage,  bill  of  sale  or  other  written  in- 
strument, the  same  fees  allowed  by  law  to  registers  of  deeds  for 
recording  like  instruments. 

Stats.,  1921,  Vol.  I,  ch.  84a,  p.  1385. 

Sec.  1747-155  (1919).  Supervisor  of  pulp  wood  scaling;  appointment; 
term;  duties;  assistants. — 1.  The  office  of  supervisor  of  pulp  wood 
scaling  is  hereby  created.  Such  supervisor  shall  be  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  for  a 
term  of  two  years  from  the  date  of  his  appointment  and  until  his 
successor  qualifies.  Said  supervisor  shall  take  and  file  the  official 
oath,  and  execute  and  file  his  official  bond  in  the  sum  of  five  thousand 
dollars,  with  sureties  approved  by  the  governor. 

2.  It  shall  be  the  duty  of  the  said  supervisor  to  have  inspected 
and  scaled  all  pulp  wood  when  the  same  is  bought  in  quantities 
equal  to  car  lots  or  more  in  any  one  shipment.  Whenever  a  car  lot 
or  more  of  pulp  wood  is  delivered  at  any  mill,  or  at  any  other  place 
of  delivery,  the  purchaser  shall  have  the  same  scaled  by  an  official 
scaler  appointed  by  such  supervisor.  Such  official  scalers  shall  be 
selected  from  persons  in  the  employ  of  the  purchasers  of  pulp  wood 
and  shall  be  licensed  by  the  supervisor,  but  shall  receive  no  compen- 
sation for  their  services  from  the  State.  Said  supervisor  may  revoke 
the  license  of  any  such  scaler  at  any  time.  Every  such  official  scaler 
shall  make  quadruplicate  reports  of  the  amount  and  condition  of  the 
pulp  wood  sold  and  delivered,  transmit  one  such  report  to  the  super- 
visor, one  to  the  purchaser,  one  to  the  seller,  and  preserve  one  for 
his  own  use.  The  person  buying  such  pulp  wood  shall  pay  the 
supervisor  ten  cents  for  each  car  scaled,  which  sum  the  supervisor 
shall  pay  to  the  State  treasurer.  Said  supervisor  shall  appoint  two 
assistant  scalers  for  not  to  exceed  six  months  in  any  one  year,  whose 
duty  it  shall  be  to  supervise  the  work  performed  by  the  official 
scalers,  but  such  assistants  shall  receive  not  to  exceed  the  sum  of 
one  hundred  and  fifty  dollars  per  month  salary,  and  their  actual 
and  necessary  expenses  incurred  in  the  performance  of  their  duties. 
Such  supervisor  shall  as  often  as  required  by  the  governor,  and  at 
least  once  annually,  file  with  the  secretary  of  state  a  detailed  sworn 
statement  of  all  work  performed  by  him,  expenses  incurred  and  fees 
collected  under  the  provisions  of  this  section.  Such  supervisor  shall 
be  paid  an  annual  salary  of  twenty-five  hundred  dollars,  and  his 
actual  and  necessary  expenses  incurred  in  the  performance  of  the 
duties  of  his  office.  He  shall  maintain  his  office  at  some  convenient 
place  in  the  pulp-wood  district,  and  the  same  shall  be  provided 
with  all  necessary  furniture,  supplies  and  stationery  by  the  super- 
intendent of  public  property. 


WISCONSIN  921 

3.  All  moneys  received  by  such  supervisor  for  the  scaling  of  pulp 
wood  shall  be  paid,  within  one  week  after  receipt,  into  the  general 
fund. 

Stats.,  1921,  Vol.  II,  ch.  182,  p.  2220. 

Sec.  4453a  (1885).  Fraud  in  scaling'  logs. — Any  lumber  or  deputy 
lumber  inspector  or  any  other  person  employed  to  scale  logs  who 
shall  purposely  over  or  under  scale  or  measure  the  same,  or  know- 
ingly report  a  greater  or  less  amount  than  the  true  scale  thereof,  or 
make  any  record  of  a  greater  or  less  amount  of  logs  than  he  has 
actually  scaled,  or  who  shall  omit  or  neglect  to  scale  anv  logs  he  is 
lawfully  called  upon  to  scale,  for  the  purpose  of  defrauding  another, 
and  any  person  who  shall  procure  the  performance  of  any  such  act, 
or  cause  such  omission  or  neglect,  or  knowingly  and  willingly  be 
interested  therein  or  profit  thereby,  shall  be  punished  by  imprison- 
ment in  the  State  prison  for  not  more  than  five  years  nor  less  than 
one  year,  or  in  the  county  jail  for  not  more  than  one  year  nor  less 
than  six  months,  or  by  fine  of  not  more  than  five  thousand  dollars 
nor  less  than  one  hundred  dollars.  Any  person  who  shall  make  any 
certificate  of  scalement  which  scalement  he  did  not  personally  make 
shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than 
six  months  nor  less  than  one  month,  or  by  fine  of  not  more  than  five 
hundred  dollars  nor  less  than  one  hundred  dollars. 


WYOMING 
Laws,  1921,  ch.  73,  p.  74. 

Sec.  1.  Standards. — The  standards  of  weights  and  measures  in  this 
State  shall  be  those  recognized  or  furnished  by  the  United  States. 

Sec.  2.  Verification  of  standards. — In  addition  to  the  State  stand- 
ards of  weights  and  measures,  there  shall  be  supplied  by  the  State 
such  other  weights,  measures  and  apparatus  as  may  be  found  neces- 
sary to  carry  out  the  provisions  of  this  act,  to  be  known  as  work- 
ing standards.  Such  weights,  measures  and  apparatus  shall  be  veri- 
fied by  the  State  superintendent  of  weights  and  measures,  or  his 
authorized  assistants,  at  his  direction,  upon  their  initial  receipt  and 
at  least  once  in  each  year  thereafter,  by  comparison  with  the  State 
standards.  When  found  accurate  upon  these  tests  the  working  stand- 
ards shall  be  sealed  by  stamping  on  them  the  letter  "W"  and  the 
date  with  seals  which  the  State  superintendent  of  weights  and  meas- 
ures shall  have  and  keep  for  that  purpose.  The  State  standards  shall 
be  used  in  making  all  comparisons  of  weights,  measures,  and  weigh- 
ing or  measuring  devices  submitted  for  test  in  the  office  of  the  State 
superintendent  of  weights  and  measures. 

Sec.  3.  Superintendent  of  weights  and  measures. — The  dairy,  food 
and  oil  commissioner 1  shall  be  ex  officio  State  superintendent  of 
weights  and  measures.  He  shall  take  charge  of  the  standards 
adopted  by  this  act  as  the  standards  of  the  State,  and  cause  them  to 
be  kept  in  a  safe  and  suitable  place,  from  which  they  shall  not  be 
removed  except  for  repairs  or  for  certification  and  he  shall  take  all 
other  necessary  precautions  for  their  safe  keeping.  He  shall  main- 
tain the  State  standards  in  good  order  and  shall  submit  them  at 
least  once  in  ten  years  to  the  National  Bureau  of  Standards  for 
certification.  He  shall  keep  a  complete  record  of  the  standards, 
balances,  and  other  apparatus  belonging  to  the  State  and  take  receipt 
for  same  from  his  successor  in  office.  He  shall  annually,  on  the  last 
day  of  September,  make  to  the  governor  a  report  of  all  work  done 
by  his  office. 

Sec.  4.  Duties  of  superintendent. — The  State  superintendent  of 
weights  and  measures  shall  have  and  keep  a  general  supervision  of 
the  weights,  measures,  and  weighing  and  measuring  devices,  offered 
for  sale,  sold,  or  in  use  in  the  State.  When  not  otherwise  provided 
by  law  the  State  superintendent  of  weights  and  measures  shall  have 
the  power,  and  it  shall  be  his  duty  to  inspect,  test,  try,  and  ascertain 
if  they  are  correct,  all  weights,  measures,  and  weighing  and  measur- 
ing devices  kept,  offered  or  exposed  for  sale,  sold,  or  used  or  em- 
ployed by  any  proprietor,  agent  lessee,  or  employee  in  proving  the 
size,  quantity,  extent,  area,  or  measurement  of  quantities,  things, 
produce,  or  articles  for  distribution  or  consumption,  purchased, 
offered,  or  submitted  by  such  person  or  persons  for  sale,  hire,  or 

1  Duties  transferred  to  commissioner  of  agriculture.     See  p.  926. 
922 


WYOMING  923 

award,  and  he  shall  have  the  power  to  and  shall  from  time  to  time 
weigh  or  measure  and  inspect  packages  or  amounts  of  commodities 
of  whatsoever  kind  kept  for  the  purpose  of  sale,  offered  or  exposed 
for  sale,  or  sold  or  in  the  process  of  delivery  in  order  to  determine 
whether  the  same  contain  the  amounts  represented,  and  whether  they 
be  offered  for  sale  or  sold  in  a  manner  in  accordance  with  law.  He 
shall  as  often  as  he  may  deem  necessary  see  that  all  weights,  meas- 
ures, weighing  or  measuring  devices  used  are  correct.  He  may  for 
the  purpose  above  mentioned,  and  in  the  general  performance  of  his 
official  duties,  enter  or  go  into  or  upon,  and  without  formal  war- 
rant, any  stand,  place,  building,  or  premises,  or  stop  any  vendor, 
peddler,  junk  dealer,  coal  wagon,  ice  wagon,  delivery  wagon,  or  any 
dealer  whatsoever,  and  require  him,  if  necessary,  to  proceed  to  some 
place  which  the  State  superintendent  of  weights  and  measures  may 
specify,  for  the  purpose  of  making  the  proper  tests.  Whenever  the 
State  superintendent  of  weights  and  measures  finds  a  violation  of 
the  statutes  relating  to  weights  and  measures,  he  shall  cause  the 
violator  to  be  prosecuted. 

Sec.  5.  Sealing  of  weights  and  measures. — Whenever  the  State  super- 
intendent of  weights  and  measures  compares  weights,  measures,  or 
weighing  or  measuring  devices  and  finds  that  they  correspond  or 
cause  them  to  correspond  with  the  standards  in  his  possession,  he 
shall  seal  or  mark  such  weights,  measures,  or  weighing  or  measuring 
devices  with  appropriate  devices. 

Sec.  6.  Condemnation  and  destruction  of  incorrect  weights  and  meas- 
ures.— The  State  superintendent  of  weights  and  measures  shall  con- 
demn and  seize  and  may  destroy  incorrect  weights,  measures,  or 
weighing  or  measuring  devices  which  in  his  best  judgment,  are  not 
susceptible  of  satisfactory  repair;  but  such  as  are  incorrect  and  yet 
may  be  repaired,  he  shall  mark  or  tag  as  "  Condemned  for  repairs." 
The  owners  or  users  of  any  weights,  measures,  or  weighing  or  meas- 
uring devices  of  which  such  disposition  is  made,  shall  have  the  same 
repaired  or  corrected  within  ten  days,  and  they  may  neither  use  nor 
dispose  of  the  same  in  any  way,  but  shall  hold  the  same  at  the  dis- 
posal of  the  State  superintendent  of  weights  and  measures.  Any 
weights,  measures,  or  weighing  or  measuring  devices  which  have  been 
"  condemned  for  repairs  "  and  have  not  been  repaired  as  required 
above,  shall  be  confiscated  by  the  State  superintendent  of  weights  and 
measures. 

Sec.  7.  Police  powers. — The  State  superintendent  of  weights  and 
measures,  and  his  authorized  assistants,  are  hereby  made  special 
policemen,  and  are  authorized  and  empowered  to  arrest,  without 
formal  warrant,  any  violator  of  the  statutes  in  relation  to  weights 
and  measures,  and  to  seize  for  use  as  evidence,  without  formal  war- 
rant, any  false  or  unsealed  weight,  measure,  or  weighing  or  measur- 
ing device  or  package,  or  amounts  of  commodities  found  to  be  used, 
retained,  or  offered  or  exposed  for  sale  or  sold  in  violation  of  law. 

Sec.  8.  Interference  with  superintendent;  penalty. — Any  person  who 
shall  hinder  or  obstruct  in  any  way  the  State  superintendent  of 
weights  and  measures,  or  his  authorized  assistants,  in  the  perform- 
ance of  their  official  duties  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  in  any  court  of  competent  jurisdiction  shall  be 
punished  by  a  fine  of  not  less  than  twenty  dollars  ($20.00)  or  more 


924  LAWS  CONCERNING  WEIGHTS  AND  MEASURES 

than  one  hundred  dollars  ($100.00)  or  by  imprisonment  in  the  county 
jail  for  not  more  than  three  months  or  by  both  such  fine  and  impris- 
onment. 

Sec.  9.  Impersonation  of  superintendent;  penalty. — Any  person  who 
shall  impersonate  in  any  way  the  State  superintendent  of  weights  and 
measures,  or  his  authorized  assistants,  by  the  use  of  his  seal  or  the 
counterfeit  of  his  seal,  or  otherwise,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  in  any  court  of  competent  jurisdiction, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
($100.00)  nor  more  than  five  hundred  dollars  ($500.00)  or  by  impris- 
onment for  not  more  than  one  (1)  year  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  10.  Sale  by  net  weight. — Whenever  any  commodity  is  sold  on 
a  basis  of  weight,  it  shall  be  unlawful  to  employ  any  other  weight 
in  such  sale  than  the  net  weight  of  the  commodity ;  and  all  contracts 
concerning  goods  sold  on  a  basis  or  [of]  weight  shall  be  understood 
and  construed  accordingly.  Whenever  the  weight  of  a  commodity  is 
mentioned  in  this  act  it  shall  be  understood  and  construed  to  mean  the 
net  weight  of  the  commodity. 

Sec.  11.  Standard  weights  per  bushel;  measurement  of  hay. — All  com- 
modities hereinafter  named  in  this  section  shall  be  sold  either  by  the 
bushel  or  by  weight,  and  when  sold  by  the  bushel,  the  bushel  shall 
consist  of  the  number  of  pounds  hereinafter  stated;  and  whenever 
such  commodities  are  hereinafter  named  are  sold  in  the  subdivisions 
of  the  bushel,  the  number  of  pounds  in  such  subdivision  of  the  bushel 
shall  consist  of  the  fractional  part  of  the  number  of  pounds  as  here- 
inafter set  forth  for  the  bushel,  namely: 

Pounds  per 
bushel 

Onions 57 

Parsnips 50 

Peaches 48 

Potatoes 60 

Rice  corn 56 

Rye i 56 

Speltz  or  emmer 45 

Sweet  potatoes 50 

Tomatoes 56 

Turnips 55 

Wheat 60 

Unless  otherwise  agreed  to  between  the  contracting  parties,  the 
following  shall  constitute  the  legal  measurement  for  hay  in  stack  in 
the  State  of  Wyoming:  Four  hundred  and  twenty-two  (422)  cubic 
feet  shall  constitute  a  ton  of  clean,  native,  blue  joint  hay,  after  thirty 
(30)  days  up  to  three  (3)  months'  settlement  in  stack.  As  to  all 
other  kinds  of  hay,  after  the  same  shall  have  been  settled  in  stack- 
from  sixty  (60)  days  and  up,  five  hundred  and  twelve  (512)  cubic 
feet  shall  constitute  a  ton  of  alfalfa  or  rough  slough  grass,  after 
the  same  shall  have  been  in  the  stack  thirty  (30)  days  and  up  to  one 
(1)  year.  Four  hundred  and  fifty  (450)  cubic  feet  shall  constitute 
a  ton  of  clean  timothy  and  clover,  after  the  same  shall  have  been  in 
the  stack  thirty  (30)  days,  and  up  to  one  (1)  year.  Making  meas- 
urements of  hay  in  stack,  the  following  is  hereby  made  the  legal 
method  of  measurement,  to  wit:  The  width  and  length  of  the  stack 
shall  be  measured,  and  the  distance  from  the  ground  against  one  side 
of  the  stack  to  the  ground  against  the  other  side  of  the  stack,  di- 


Pounds  per 
bushel 

Barley 48 

Beans 60 

Beets 56 

Carrots 50 

Castor  beans 46 

Corn,  shelled 56 

Flaxseed 56 

Green  apples 48 

Indian  corn,  in  the  ear 70 

Kaffir  corn 56 

Oats 32 


WYOMING  925 

rectly  over  and  opposite,  shall  be  taken  in  linear  feet  and  inches, 
and  then  the  width  shall  be  subtracted  from  the  measurement  over  the 
stack,  as  above  indicated,  the  result  divided  by  two,  and  the  result 
so  obtained  multiplied  by  the  width,  and  the  result  thus  obtained 
multiplied  by  the  length,  which  will  give  the  number  of  cubic  feet 
contained  in  the  stack,  and  the  tonnage  shall  thereupon  be  deter- 
mined by  dividing  the  total  number  of  cubic  feet  by  the  number  of 
cubic  feet  allowed  under  the  provisions  of  this  section  for  a  ton. 

Sec.  12.  Appointment  of  weighmasters. — It  shall  be  the  duty  of  the 
county  commissioners  to  see  that  every  city  and  town  in  their  county 
containing  two  thousand  or  more  inhabitants,  is  provided  with  public 
scales  for  the  weighing  of  coal,  hay  and  other  merchandise  sold  by 
weight,  and  that  every  city  and  town  council  in  the  respective  counties 
shall  appoint  a  city  or  town  weighmaster,  whose  services  shall  be 
paid  for  by  the  city  or  town  appointing  such  weighmaster.  It  shall 
be  the  duty  of  every  vendor  of  coal,  hay  and  other  merchandise  sold 
in  bulk,  and  of  the  agents  and  employees  of  such  vendor,  to  cause 
such  coal,  hay  and  other  merchandise  to  be  weighed  and  a  statement 
of  such  weight  to  be  delivered  to  the  purchaser  with  the  article  so 
weighed.  Where  such  coal,  hay  or  other  merchandise  is  weighed  on 
a  public  or  city  scale,  the  weighmaster  shall  charge  for  every  such 
certificate  of  weight  a  fee  of  ten  cents,  which  shall  be  paid  by  the 
vendor  or  producer,  and  shall  by  said  weighmaster  be  turned  into 
ihe  treasury  of  the  city  or  town  by  which  he  was  appointed.  Any 
person  failing  to  comply  with  this  requirement  for  weighing  coal, 
hay  or  other  merchandise,  or  failing  to  deliver  the  certificate  of 
weight  as  aforesaid,  shall  on  conviction  be  punished  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  13.  Rules  and  regulations  by  superintendent. — The  State  super- 
intendent of  weights  and  measures  shall  establish  uniform  tolerances 
or  reasonable  variations  to  take  care  of  unavoidable  shrinkage,  and 
of  scale  variations  in  handling  and  weighing  of  any  of  the  articles 
mentioned  in  this  act,  and  shall  adopt  such  rules  and  regulations  as 
he  may  deem  necessary  to  carry  out  the  provisions  of  this  chapter, 
and  he  may  change,  modify,  or  amend  any  or  all  rules  and  regu- 
lations whenever  deemed  necessary,  and  the  rules  and  regulations 
so  made  shall  have  the  force  and  effect  of  law. 

Sec.  14.  Violation;  penalty. — Any  person,  who  by  himself  or  his 
servant  or  agent,  or  as  the  servant  or  agent  of  another  person  shall 
offer  or  expose  for  sale,  sell,  use  in  the  buying  or  selling  of  any  com- 
modity or  thing  or  for  hire  or  award,  or  retain  in  his  possession 
a  false  weight  or  measure  or  weighing  or  measuring  device,  or 
any  weight  or  measure  or  weighing  or  measuring  device  which 
has  not  been  sealed  by  the  State  superintendent  of  weights  and 
measures,  or  his  authorized  assistants,  at  his  direction;  or  shall 
sell  or  offer  or  expose  for  sale  less  than  the  quantity  he  represents, 
when  as  the  buyer,  he  furnishes  the  weight,  measure,  or  weighing 
or  measuring  device  by  means  of  which  the  amount  of  commodity 
is  determined,  or  who  shall  keep  for  the  purpose  of  sale,  offer 
or  expose  for  sale,  or  sell  any  commodity  in  a  manner  contrary  to 
law;  or  who  shall  violate  any  provision  of  this  act  for  which  a 
specific  penalty  has  not  been  provided,  or  who  shall  sell  or  offer  for 
sale,  or  use  or  have  in  his  possession  for  purpose  of  selling  or  using 


926  LAWS  CONCEKNING  WEIGHTS  AND  MEASUKES 

any  devise  [device]  or  instrument  to  be  used  to  or  calculated  to 
falsify  any  weight  or  measure  or  any  weighing  or  measuring  device ; 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine 
of  not  less  than  twenty  dollars  ($20.00)  or  more  than  two  hundred 
dollars  ($200.00),  or  by  imprisonment  for  not  more  than  three  (3) 
months,  or  by  such  fine  and  imprisonment,  upon  a  first  conviction 
in  any  court  of  competent  jurisdiction;  and  upon  a  second  or 
subsequent  conviction  in  any  court  of  competent  jurisdiction,  he 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars  ($50.00) 
or  more  than  five  hundred  ($500),  or  by  imprisonment  in  the 
county  jail  for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Sec.  15.  Definition  of  terms. — The  word  "  person  "  as  used  in  this  act, 
shall  be  construed  to  import  both  the  singular  and  plural,  as  the 
case  demands,  and  shall  include  corporations,  companies,  societies 
and  associations. 

The  words  "weights,  measures  or  (and)  weighing  or  (and)  meas- 
uring devices  "  as  used  in  this  act  shall  be  construed  to  include 
all  weights,  scales,  beams,  measures  of  every  kind,  instruments 
and  mechanical  devices  for  weighing  or  measuring,  and  any  appli- 
ances and  accessories  connected  with  any  or  all  such  instruments. 

The  word  "  sell  "  or  "  sale  "  as  used  in  this  act  shall  be  construed 
to  include  barter  and  exchange. 

Sec.  16.  Repeal. — Chapter  249,  of  the  Wyoming  Compiled  Stat- 
utes, 1920,  and  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Laws,  1923,  ch.  100,  p.  184. 

Sec.  1.  Establishment  of  department;  commissioner. — A  State  depart- 
ment of  agriculture  is  hereby  created  and  established  under  the  man- 
agement and  control  of  a  board  of  agriculture  acting  through  a  pub- 
lic officer  to  be  known  as  the  State  commissioner  of  agriculture,  to 
be  appointed  by  the  board. 

Sec.  16.  Food  and  oil  department  discontinued. — From  and  after 
April  1st,  1923,  or  as  soon  thereafter  as  the  State  department  of  agri- 
culture may  be  organized  for  business,  the  office  of  dairy,  food  and 
oil  commissioners  shall  be  abolished  and  the  tenure  of  all  employes 
of  said  office  is  hereby  terminated.  All  powers  now  vested  in  the 
dairy,  food  and  oil  commissioner  and  all  duties  and  privileges  now 
imposed  and  conferred  upon  him  by  and  under  the  existing  laws, 
are  hereby  transferred  to  and  imposed  and  conferred  upon  the  com- 
missioner of  agriculture,  to  be  exercised  by  him  through  such  chief 
of  division,  deputy,  assistant  or  other  agency  as  he  may  determine 
with  the  approval  of  the  board  of  agriculture.     *     *     * 

Comp.  Stats.,  1920,  ch.  126,  p.  391. 

Sec.  1781  (1895).  Cities  of  first  class. — All  cities  having  more  than 
four  thousand  inhabitants  shall  be  governed  by  the  provisions  of 
this  chapter,  and  be  known  as  cities  of  the  first  class. 

Sec.  1860  (1909).  Power  to  regulate  weights  and  measures. — They 
[cities  of  the  first  class]  shall  have  power  to  purchase  and  own 
grounds  for  and  to  erect  and  establish  and  regulate  markets  and 
scales;  *  *  *  to  establish  and  regulate  standard  weights  and 
measures;  to  regulate  the  weighing  and  measuring  of  every  com- 


WYOMING  927 

modify  sold  in  the  city ;  to  provide  for  the  inspection  and  weighing 
of  hay,  grain  and  coal,  the  measuring  of  wood  and  fuel  to  be  used  in 
the  city;  and  to  determine  the  place  or  places  of  the  same,  and  to 
regulate  and  prescribe  the  place  or  places  of  exposing  for  sale,  hay, 
coal  and  wood,  and  to  fix  the  fees  and  duties  of  persons  authorized 
to  perform  such  duties. 

Comp.  Stats.,  1920,  ch.  459,  p.  1279. 

Sec.  7298  (1884).  Giving  false  weights  in  merchandise. — Every  per- 
son who,  in  putting  up  in  any  bag,  bale,  box,  barrel  or  other  pack- 
age, any  hops,  cotton,  wool,  grain,  hay  or  other  goods  usually  sold 
in  bags,  bales,  boxes,  barrels  or  other  packages  by  weight,  puts  in 
or  conceals  therein  anything  whatever  for  the  purpose  of  increasing 
the  weight  of  such  bag,  bale,  box,  barrel  or  package,  and  thereby 
defrauding  the  purchaser,  shall  be  fined  not  more  than  one  hundred 
dollars. 

Sec.  7311  (1876).  Using  false  weights. — If  any  person  shall  know- 
ingly have,  keep,  or  use  any  false  or  fraudulent  scales  or  weights  for 
weighing  gold  or  gold  dust,  or  any  other  article  or  commodity,  every 
person  so  offending  shall  be  fined  not  more  than  five  hundred  dollars, 
or  imprisoned  in  the  county  jail  not  more  than  six  months. 

Sec.  7314  (1895).  Selling  by  false  weights. — If  any  person  shall 
knowingly  sell  by  false  weights  or  measures,  or  shall  knowingly  use 
false  weights  or  measures  at  any  threshing  machine,  or  at  any  mill, 
in  taking  toll  for  grinding  or  threshing  corn,  wheat,  rye  or  other 
grain  and  seeds,  he  shall  be  deemed  a  common  cheat  and  shall  be 
fined  not  more  than  one  hundred  dollars,  and  shall  be  imprisoned  in 
the  county  jail  not  more  than  six  months. 

Comp.  Stats.,  1920,  ch.  65,  p.  211. 

Sec.  862  (1890-91).  Legal  standard  water  measurement. — A  cubic 
foot  of  water  per  second  of  time  shall  be  the  legal  standard  for  the 
measurement  of  water  in  this  State,  both  for  the  purpose  of  deter- 
mining the  flow  of  water  in  natural  streams,  and  for  the  purpose  of 
distributing  water  therefrom. 

Comp.  Stats.,  1920,  ch.  282,  p.  832. 

Sec.  4535  (1884).  Legal  standard  time. — The  mean  local  time  of  the 
one  hundred  and  fifth  meridian  west  of  Greenwich  is  and  the  same  is 
hereby  adopted  and  declared  to  be  the  legal  standard  time  for  all 
points  in  the  State  of  Wyoming,  and  computations  of  legal  time  shall 
be  made  thereby,  using  such  standard  time  as  a  basis. 

Comp.  Stats.,  1920,  ch.  231,  p.  715. 

Sec.  3731  (al915).  Misbranded  food;  net  weight  to  be  marked. — That 
the  term  "misbranded,"  as  used  herein,  shall  apply  to  all  drugs 
or  articles  of  food,  or  articles  which  enter  into  the  composition  of 
food,  the  package  or  label  of  which  shall  bear  any  statement,  design 
or  device,  regarding  such  article  or  the  ingredients  or  substances 
contained  therein  which  shall  be  false  or  misleading  in  any  par- 
ticular, and  to  any  food  or  drug  product  which  is  falsely  branded 
as  to  the  State,  Territory  or  country  in  which  it  is  manufactured 
or  produced. 

517—27 59 


928  LAWS   CONCERNING  WEIGHTS  AND   MEASURES 

That  for  the  purpose  of  this  act  an  article  shall  also  be  deemed 
to  be  misbranded  :,,*** 

In  case  of  food :     *     *     * 

Third.  If  in  package  form,  the  quantity  of  the  contents  be  not 
plainly  and  conspicuously  marked  on  the  outside  of  the  package 
in  terms  of  weight,  measure  or  numerical  count :  Provided,  however, 
That  reasonable  variations  shall  be  permitted  and  also  exemptions 
as  to  small  packages  may  be  established  by  rules  and  regulations 
made  in  accordance  with  section  3741. 

Sec.  3732  (al913).  Samples;  disposition  of;  misbranded  unless  net 
weight  is  shown. — -Under  the  aforesaid  rules  and  regulations,  repre- 
sentative samples  shall  be  collected  by  the  State  dairy,  food  and  oil 
commissioner,  or  his  deputies.  Samples  may  be  purchased  in  the 
open  market,  and,  if  in  bulk,  the  marks,  brands,  or  tags  upon  the 
package,  carton,  wrapper  or  other  container,  and  the  accompanying 
written  or  printed  matter  shall  be  noted.  *  *  *  For  the  purpose 
of  this  chapter  all  samples  which  do  not  show  the  net  weight  properly 
marked  on  top  of  the  box,  package,  or  on  the  face  of  the  principal 
label,  may  be  disapproved  by  the  State  dairy,  food  and  oil  commis- 
sioner without  further  test  and  the  absence  of  the  net  weight  properly 
labeled  shall  be  prima  facie  evidence  that  they  are  misbranded  and 
need  not  be  sent  to  the  State  chemist  for  examination,  but  may  be 
certified  to  the  county  attorney  directly  by  the  State  dairy,  food  and 
oil  commissioner  without  the  certificate  of  the  State  chemist. 

Sec.  3741  (1913).  Kules  and  regulations. — The  State  dairy,  food  and 
oil  commissioner,  in  executing  the  provisions  of  all  laws  which  come 
under  his  jurisdiction  shall  accept  such  of  the  rules  and  regulations 
of  the  United  States  Department  of  Agriculture  as  he  may  deem 
necessary  and  adopt  the  standards  of  purity  for  foods  as  laid  down 
by  the  United  States  Department  of  Agriculture,  also  make,  pro- 
mulgate and  enforce  such  other  rules  and  regulations  as  may  seem 
necessary  and  proper  to  a  prompt  and  effective  enforcement  of  the 
laws. 

Comp.  Stats.,  1920,  ch.  234,  p.  722. 

Sec.  3759  (1917).  Label  to  contain  statement. — Every  lot  or  parcel 
of  commercial  feeding  stuffs  sold,  offered  or  exposed  for  sale  or  dis- 
tributed within  this  State  shall  have  affixed  thereto  a  tag  or  label, 
in  a  conspicuous  place  on  the  outside  thereof,  containing  a  legible  and 
plainly  printed  statement  in  the  English  language,  clearly  and  truly 
certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or  parcel ; 

(b)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer  or  per- 
son responsible  for  placing  the  commodity  on  the  market  •     *     *     * 

Comp.  Stats.,  1920,  ch.  269,  p.  814. 

Sec.  4448  (1890-91).  State  inspector  to  adjust  scales  and  measures. — 
*  *  *  The  State  inspector  is  hereby  made  the  legal  adjuster  of  all 
weigh  scales,  measures  or  other  mechanical  machine  by  which  the 
miners'  coal  is  weighed  or  measured,  and  shall  balance  and  adjust 
said  scales  or  measures  at  any  time  he  may  consider  it  necessary  in 
his  official  visits  to  the  mines. 


WYOMING  929 

Comp.  Stats.,  1920,  ch.  273,  p.  825. 

See.  4489  (1911).  Regulating  the  weighing  of  coal. — It  shall  be  un- 
lawful for  any  mine  owner,  lessee,  operator,  agent  or  company  in 
this  State,  employing  miners  at  bushel  or  ton  rates,  or  other  quan- 
tities, in  mining  coal,  to  pass  the  output  of  coal  mined  by  said  miners 
over  any  screen  or  any  device  which  shall  take  any  part  of  the  mar- 
ketable coal  from  the  amount  thereof,  before  the  same  shall  have 
been  weighed  and  duly  credited  to  the  employes  sending  the  same 
to  the  surface,  unless  otherwise  agreed  upon  between  miners  and 
their  employers.  In  case  of  any  agreement  where  coal  is  credited 
to  miners  after  having  been  screened  and  weighed,  said  miners  or 
employes  shall  receive  compensation  for  all  marketable  or  saleable 
coal  sent  by  them  to  the  surface,  and  accounted  for  at  the  customary 
rate  of  weights :  Provided,  That  this  section  shall  also  apply  to  the 
class  of  workers  in  mines  known  as  loaders  engaged  in  mines  where 
mining  is  done  by  machinery  whenever  the  workers  are  under  con- 
tract to  load  coal  by  the  bushel,  ton  or  quantity. 

Sec.  4491.  Checkweighman. — The  miners  employed  by  or  engaged 
in  working  for  any, mine  owner,  lessee,  operator,  agent  or  company 
in  this  State  shall  have  the  privilege,  if  they  so  desire,  of  employing 
at  their  own  expense  a  checkweighman,  who  shall  have  like  rights 
and  privileges  in  the  weighing  of  coal  as  the  regular  weighman  and 
be  subject  to  the  same  oath  and  penalties  as  the  regular  weighman. 

Sec.  4492  (al919). — The  owner,  lessee,  operator,  agent  or  company 
operating  any  coal  mine  in  this  State,  at  which  miners  are  paid 
by  weight,  shall  provide  suitable  and  accurate  scales  of  standard 
manufacture  for  weighing  of  coal  which  may  be  procured  from 
such  mines;  such  owner,  lessee,  operator,  agent  or  company  shall  be 
required  to  keep  United  States  standard  weights  to  test  said  scales. 
At  every  mine  where  the  coal  miner  is  paid  for  by  weight  it  shall 
be  the  duty  of  the  weighman  and  the  checkweighman  to  examine  and 
balance  the  scales  each  morning,  and  in  no  case  shall  any  coal  be 
weighed  until  such  scales  are  tested  by  the  United  States  standard 
weights  and  found  correct :  Provided,  That  if  the  weighman  and 
checkweighman  shall  disagree,  work  may  continue  until  the  inspec- 
tor of  mines  can  be  present,  and  any  erroneous  weights  made  during 
such  time  shall  be  rectified.  When  differences  shall  arise  between 
the  weighman  and  the  checkweighman,  or  operator,  of  any  mine,  as 
10  the  correctness  of  the  scales,  the  same  shall  be  referred  to  the 
inspector  of  mines  whose  duty  it  shall  be  to  see  and  regulate  the 
same  at  once.  The  mine  inspector  of  the  district  upon  each  regular 
visit  to  each  mine,  shall  test  the  scales  used  for  the  weighing  of  coal; 
if  for  any  reason,  he  believes  the  scales  to  be  inaccurate  he  shall  call 
in  the  county  assessor,  as  county  sealer  of  weights  and  measures, 
and  they  shall  proceed  to  test  out  the  scales  according  to  United 
States  standards;  if  any  inaccuracies  are  discovered  they  shall  direct 
the  scales  to  be  properly  repaired  or  adjusted  until  they  register 
approximately  correct  weights.  Any  failure  on  the  part  of  the  mine 
inspector,  and  county  assessor  when  called  on  to  perform  these 
duties  shall  constitute  a  refusal  to  perform  the  duties  of  their  office 
and  upon  failure  to  do  so  they  shall  be  reported  to  the  governor  of 
the  State  in  writing.  The  inspector  of  mines  upon  each  regular 
visit  to  each  mine  shall  test  the  scales  used  for  the  weighing  of  coal. 


930  LAWS   CONCERNING  WEIGHTS   AND   MEASURES 

Miners  employed  in  the  mine  and  others  personally  interested  shall 
at  all  proper  times  have  full  right  of  access  to  and  examination  of 
scales  or  apparatus  used  for  weighing  coal  in  or  about  said  mine : 
Provided,  however,  The  provisions  of  this  chapter  shall  not  apply 
lo  mines  classed  as  prospects,  but  only  to  those  having  regular 
output. 

Sec.  4493  (1911).  Fraudulent  weighing;  penalty. — Any  person  or 
persons  having  or  using  any  scale  or  scales  for  the  purpose  of  weigh- 
ing the  output  of  coal  at  mines  so  arranged  or  constructed  that 
fraudulent  weighing  may  be  done  thereby,  or  who  shall  knowingly 
resort  to  or  employ  any  means  whatever  by  reason  of  which  such 
coal  is  not  correctly  weighed  and  reported  in  accordance  with  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  upon  conviction  for  each  offense  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  three  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  period  not  to  exceed  sixty 
days,  or  by  both  such  fine  and  imprisonment. 

Sec.  4494.  Loaders  included. — The  provisions  of  this  chapter  shall 
also  apply  to  the  class  of  workers  in  mines  known  as  loaders,  engaged 
in  mines  wherein  mining  is  done  by  machinery.  Whenever  the  work- 
men are  under  contract  to  load  coal  by  the  bushel,  ton,  or  any  quan- 
tity, the  settlement  of  which  is  by  weight,  the  output  shall  be 
weighed  in  accordance  with  the  provisions  of  this  chapter. 


APPENDIX 


LEGAL  WEIGHTS  PER  BUSHEL  OF  COMMODITIES 


[REPRINTED  (WITH  SLIGHT  REVISION)  FROM  CIRCULAR  NO.  10 
(FOURTH  EDITION)  OF  THE  BUREAU  OF  STANDARDS] 


931 


\ 


COMMODITIES  FOIL  WHICH  BUSHEL  WEIGHTS  HAVE  BEEN  ESTAB- 
LISHED IN  NOT  MORE  THAN  FOUR  STATES 

Beans,  Lima,  in  pod,  34  pounds  (Connecticut). 

Beans,  Velvet,  shelled,  60  pounds  (Alabama). 

Beggaeweed  Seed,  62  pounds  (Florida). 

Blackberries,  dried,  28  pounds  (Alabama,  North  Carolina,  South  Carolina,  and 

Tennessee). 
Black  Medic  (cleaned),  56  pounds  (Alabama). 
Blueberries,  42  pounds  (Maine). 
Butternuts,  dried,  28  pounds  (Vermont). 
Cane  Seed,  50  pounds  (Kansas  and  South  Carolina). 

Cantaloupe  Melon,   50  pounds    (North   Carolina,   South  Carolina,   and   Ten- 
nessee). 
Chufas,  54  pounds  (Florida). 

Cowpeas,  60  pounds  (Indiana,  Maryland,  and  Virginia). 
Culm,  80  pounds   (Maryland). 
Feed,  50  pounds  (Maine). 
Feterita,  56  pounds  (Kansas). 
Grass  Seed : 1 

All  meadow  and  fescue  except  tall,  14  pounds  (North  Carolina). 

Bermuda,  40  pounds    (New  Mexico  and   Oklahoma)  ;   14  pounds    (North 
Carolina). 

Carpet,  25  pounds  (Alabama). 

Clover,  bur,  10  pounds  (Alabama). 

Italian  rye,  20  pounds   (Alabama,  North  Carolina,   South  Carolina,  and 
Tennessee) . 

Johnson,  28  pounds    (Arkansas)  ;  25  pounds    (Alabama  and  North  Caro- 
lina). 

Perennial  rye,  14  pounds  (North  Carolina). 

Rye,  22  pounds    (Nebraska). 

Sudan,  40  pounds    (Kansas)  ;  No.  1,  32  pounds,  No.  2,  30  pounds,  No.  3, 
28  pounds  (Texas). 

Tall  meadow  and  tall  fescue,  24  pounds  (North  Carolina). 

Velvet,   7  pounds    (Alabama,   North  Carolina,   South   Carolina,   and  Ten- 
nessee). 
Guavas,  54  pounds  (Florida). 

India  Wheat,  46  pounds  (Vermont).     (This  is  a  species  of  buckwheat.) 
Land  Plaster,   100  pounds    (Alabama,   North   Carolina,   South   Carolina,   and 

Tennessee). 
Lentils,  60  pounds  (Pennsylvania). 
Mangelwurzel,  60  pounds  (Connecticut  and  Maine). 
Meal,  except  oatmeal,  50  pounds  (Maine). 
Melilotus  Seed  (cleaned),  00  pounds  (Alabama). 
Middlings,  coarse,  30  pounds  (Indiana). 
Milo  Maize,  56  pounds  (Kansas)  ;  50  pounds  (Texas). 
Mustard  Seed,  58  pounds  (North  Carolina). 

Parsley,  8  pounds  (Connecticut,  Maine,  New  Hampshire,  and  Vermont). 
Paspalum  (Alabama).     (The  weight  has  been  omitted  in  the  law.) 
Peach  Seed,  50  pounds  (North  Carolina). 
Peas,  black-eye  and  other  cowpeas,  60  pounds  (Virginia). 
Peppers,  24  pounds  (Connecticut). 
Pieplant  (see  under  rhubarb  in  following  table). 
Radish  Seed,  50  pounds  (Iowa  and  South  Dakota). 
Root  Crops   (not  otherwise  specified),  50  pounds  (Iowa,  Nebraska,  and  South 

Dakota ) . 
Sage,  4  pounds  (Alabama,  North  Carolina,  South  Carolina,  and  Tennessee). 
Salads   (mustard,  spinach,  kale,  and  turnips),  10  pounds    (North  Carolina)  ; 

12  pounds  (South  Carolina)  ;  and  30  pounds  (Alabama  and  Tennessee). 
Sunflower  Seed,  24  pounds  (North  Carolina). 
Teosinte,  59  pounds  (North  Carolina). 

■Other  kinds  of  gniss  .seed   than   those   given    here  will   be   found   under   their  specific 
luinios  on  pp.  0:14  to  041. 

93  3 


934 


LAWS  CONCERNING  WEIGHTS  AND   MEASURES 


Commodities  for  which   bushel  weights  have   been  established  in  more  than 

four  States 


■a 
§ 
.2 

< 

Apples 

■3 

a> 
cu 

P, 
P. 

CD 

3 

n 

Beans 

CO 

P 
<D 

B, 

CD 
<D 

pq 

a> 

P. 

a 
< 

•a 

ft 

03 

O 

1 
o 

a 

P"3 

o 

a 

w 

o 
g 

CD 
U 

o 

a 

.3 

CO 

o 

P. 2 

s5 

CO 

CD 

S3 

>> 
o 
ra 

+3 

CD 
CD 

m 

2  60 
8S0 

48 

48 

60 

24 

40 

60 

46 

30 

50 

3  50 

24 

48 
50 

48 
48 

'60 

60 
60 

48 

25 

.... 

24 

12 

'fin 

District  of  Columbia 

1 

a  48 

24 
24 



48 

47 
48 
48 
48 

»60 

'60 

«48 

'78 

60 
60 

3  48 
«47 

24 
24 

— - 

60 
<60 

46 
46 

56 

24 

8  24 

fin 

60 
60 

48 
48 

24 
24 
24 

-— 

48 
48 
47 
32 
48 

48 

»60 

60 

'60 

«50 
46 

45 

56 

38 

.... 

56 

5fi 

56 

60 
60 

44 

3  50 

25 
28 



60 
"60 

24 

56 

10  47 

50 

28 

58 

12 

"fin 

"50 

48 
3  50 

22 
28 
26 

24 

- 

48 
48 
48 

48 
48 
48 
48 
48 

60 

60 

'60 

60 
60 

»60 
60 

'60 

46 

56 

60 

56 

i«  47 

50 

50 

46 

46 

48 

45 

3  48 

3  48 

48 

56 

50 

60 
60 

24 
24 
25 

-- 

8  50 
46 

56 

.... 

56 

56 

56 

New  Hampshire 

24 

58 

12 

60 

New  Mexico 

60 

45 

24 
25 
24 
28 

24 
24 

16" 

48 
48 
48 

48 

48 
48 

60 

60 

9  60 

60 

60 
60 

46 

56 

60 
60 

50 

48 
48 

46 

60 

50 

55 

"47 

"50 

fi0 

Ohio    

5fi 

Oklahoma 

60 

46 

60 

Pennsylvania  - 

60 

45 
48 

3  50 

48 

3  50 

3  50 

25 
25 

24 

24 
24 
28 

16" 

40 

16" 

48 
48 

48 
48 
48 
48 

»60 
60 

•60 
6  60 
8  60 
<60 

6  46 
46 

46 

»50 

46 

46 

fifi 

Rhode  Island 

5n 

30 
50 
30 

no 

South  Dakota 

60 

.... 

»56 

56 

sn 

60 

24 

8  24 

60 

Utah 

60 
60 

48 
45 

25 

28 



48 
48 

60 
"60 

46 

28 

24 

58 
"60 

12 

60 

60 
60 

3  48 

44 

3  48 

24 
25 

40 

48 
48 
48 

"60 
60 
60 

46 
46 
46 

38 

24 

56 
56 

i»  50 

68 

.... 

56 

Wl 

Wyoming 

56 

1  Not  defined,  except  as  noted. 

2  Green  or  ripe. 

3  Green  apples. 
'  White. 

'  Mangelwurzel;  beets,  table  size,  56  pounds. 

•  Shelled. 

i  Velvet  in  hull. 

8  Wax. 


1  Dry  or  dried, 
m  Windsor  (broad). 

"  Also  sugar,  turnip,  and  mangelwurzel. 
■2  Called  "castor  beans  or  seed    in  the  law. 
is  White  runner  pole  only. 
"  Navy  and  soja. 
15  Dried,  shell. 
18  Scarlet  runner  pole  only4 


APPENDIX 


935 


Commodities  for  which  bushel  weights  have  been  established  in  more  than 

four  States— Continued 


a 

M 
3 

3 

T3 
I 

© 

=1 

s 

T3 
M.3 

3 

s 

a 

co 

M 

m 

3 
a 

<v 

a 

to 

a 

o 

m 

« 
m 
3 

CO 

a 

O 
O 

s 

o 
o 

M 

a 

OS 
9 

1 
=1 

03 
.O 
X> 

OS 

o 

■a 

0) 

aS 

>, 
u 

OS 

a 

09 
O 

o 

o 

B 

to 

O 

8 
S 
a 
o 

.2 

ft 
O 

3 

a 

<D 

S3 

o 

Federal  Statutes 

48 

14 

20 

42 

50 

50 

60 

50 

80 

22 

'  56 

50 

Arizona 

Arkansas 

14 

20 

48 

52 
40 

52 
48 

California 

Colorado 

14 

Connecticut 

20 

50 

2  20 
220 

D  elaware 

District  of  Columbia 

Florida 

20 

«20 

Georgia 

14 

52 

Hawaii 

Idaho 

*  14 
14 

22 

20 
20 

50 
52 

50 

50 

48 

20 

Iowa 

14 
U4 

14 

22 
14 

20 

14 

50 
30 

48 
48 
56 

50 
50 

20 

40 
156 

Kansas 

Kentucky 

20 

Louisiana 

40 

20 

20 

48 
48 

50 

50 

Maryland ^ 

14 

Massachusetts 

Michigan 

14 
14 
14 

14 
14 
18 
14 

48 
50 
48 

52 
52 
50 
50 
48 

50 

45 

Minnesota 

57 

50 

Mississippi 

22 

20 

20 
20 
20 
20 
20 

Missouri .. 

50 
50 
50 
50 
50 

Montana 

Nebraska 

14 

50 

20 

40 

Nevada 

New  Hampshire,   

New  Jersey 

New  Mexico  .. 

14 

20 
20 
20 
20 

52 
48 
50 
42 

50 
52 

50 
50 
50 

45 

50 
50 

80 

20 

New  York  

North  Carolina.  .  ...  

48 

14 

14 

14 

44 
30 

45 
48 

50 

60 

80 

22 

i  56 

50 

North  Dakota 

50 

Ohio 

Oklahoma..  . 

14 

20 

Pennsylvania 

14 

20 

20 
20 



50 

48 

48 
50 
48 
50 

52 

50 

50 

50 
50 
50 
50 

50 

100 
80 

20 

20 
22 

156 

5  50 

South  Carolina 

48 

14 
14 

14 

14 

14 

42 
50 
42 

48 

50 

60 

'  56 

50 

Tennessee... 

48 

20 
20 

50 

60 

80 

22 
22 

■56 

50 

Texas 

Utah 

48 
48 

50 
50 

20 

50 

14 

20 

57 

West  Virginia 

48 

14 

14 

22 

20 
20 

67 

48 
50 

50 

60 

50 
50 
50 

100 

20 

■56 

50 

1  With  stems;  without  stems,  64  pounds. 
'  Commercially  dry. 


>  Wheat  bran. 
1  Native. 


Mlulled. 


936 


LAWS  CONCERNING  WEIGHTS   AND   MEASURES 


Commodities  for  which   bushel  weights  have   been  established  in  more  than 

four  States — Continued 


•a 

03 

0> 

u 

CD 
> 
o 

O 

Coal 

CD 

M 
a 
O 

Corn,  including  Indian  corn  or  maize 

"3 
o 
O 

CD 
1 

a 

< 

s 

o 

a 
3 

5 

OS 
cd 

a 

CD 

a 

o 

T3 
CD 
& 

CD 
03 
H 

Q 

as 

CD 
CD 

•a 
a 

Jcfa 

M 

■81 

-■a 

a  3 

a 

O  03 

o  at 
ft 
o 
P4 

a 

o 

o 

CD 
CD 

CD 

CD 
CD 

is 

CO 

Federal  Statutes 

56 

2  56 
56 

3  60 

80 

40 

70 

«75 

70 

56 

Arizona - -  --  - 

Arkansas 

GO 

6  70 

74 

56 
a52 
2  56 
256 
»56 

California 

Colorado. 

60 

CO 

80 

70 

80 

Delaware - 

District  of  Columbia 

Florida 

70 

56 
56 
2  56 
56 
56 

CO 

80 

70 

Hawaii - 

Idaho - -  . 

60 
•60 

70 

70 

56 

Illinois - 

80 

40 

.... 

70 

56 

Indiana - 

60 
60 
60 

80 

40 

.... 

7  70 
'70 
»70 

'75 
75 

70 

70 

56 

'56 

56 

56 

256 

256 

56 

50 

Kentucky 

«76 

»76 

.... 

«76 

Louisiana - 

Maine.. 

60 
w  60 

50 

Maryland 

80 

70 

Massachusetts.  

60 
60 
60 
60 
60 
60 
60 
60 

80 

60 

70 
70 
72 
70 
70 
"70 
70 

56 
56 
56 
66 
56 

'56 
56 

2  56 

48 

Mississippi 

80 

80 
76 

Montana 

80 

40 

.... 

'75 

70 

56 

56 

50 

New  Hampshire. 

50 

60 
60 

"60 
60 
60 

10  60 

80 

.... 

40 

—  - 

70 

72 

70 

56 

56 
'56 
56 
56 
56 
56 

New  York... 

North  Carolina 

80 
80 

40 

.... 

3  70 
70 
68 
70 

74 

"70 

North  Dakota    

48 

Ohio 

"70 

— - 

80 

40 

.... 

72 

42 

13  45 

Oklahoma  

80 

60 

60 

3  60 

60 

3  60 

6  60 

80 

75 

76 

.... 

80 

40 
40 
40 

.... 

5  70 
70 

5  70 
70 

7  70 

(18) 

56 
56 
56 
56 
56 
56 

Rhode  Island 

80 

'74 
*74 

70 

»70 
70 

56 
56 

South  Dakota 

50 

80 
80 

40 
40 



80 

56 

Utah     .                 -- 

60 
60 

5  70 
70 

72 

2  56 

56 

56 

80 

West  Virginia 

60 
l»60 

80 

40 

50 

"68 

"56 

56 

2  56 

56 

50 

70 

56 

i  Not  defined,  except  as  noted. 

2  Not  stated  whether  shelled  or  unshelled,  but  presumed  from  the  weight  shown  to  be  shelled. 

!  Red  and  white. 

*  Corn,  green,  with  shucks,  100  pounds  per  bushel. 
8  Husked. 

8  Clover  seed,  sweet,  unhulled,  33  pounds,  Illinois;  23  pounds,  Texas. 
'  Field  corn. 

*  "Stone  coal";  the  term  includes  anthracite,  cannel,  bituminous,  and  other  mined  coal. 

i  Corn  in  the  ear,  in  Kentucky,  70  pounds  from  Nov.  1  to  May  1  following,  and  from  May  1  to  Nov.  I 
following,  68  pounds;  in  Mississippi,  in  connection  with  public  local  grain  warehouses,  "  not  exceeding 
80  pounds"  during  the  months  of  October  and  November  only. 

i°  Also  alsike  (or  Swedish),  60  pounds. 

»  Field  corn,  husked. 

12  Red  and  white;  clover  burr  (for  seed  in  the  burr),  8  pounds:  German  clover  (also  more  commonly 
known  as  crimson  clover),  60  pounds;  Japan,  lespedeza  in  hulls,  25  pounds  in  North  Carolina;  60  pounds 
for  red  and  white  clover  seed  and  also  for  crimson,  10  pounds  for  burr  clover;  Japan  clover  (lespedeza),  25 
pounds,  ic  Alabama 

13  Not  stated  whether  in  the  ear  or  not,  but  from  the  weight  shown  it  is  presumed  to  be  in  the  ear. 
"  Cannel  coal. 

»  Shelled. 

is  Corn  in  the  ear  in  Texas,  70  pounds  after  Dec.  1  and  72  pounds  for  new  crop  before  Dec.  1 

i'  In  ear,  dry;  in  ear,  green,  72  pounds. 

iB  Shelled;  unshelled,  45  pounds. 


APPENDIX 


937 


Commodities  for  which  bushel  weights  have  been  established  in  more  than 

four  States — Continued 


Corn  meal 

(including 

Indian  meal) 

Cotton  seed 

3 

CD 

a 
o 

CO 

M 
CD 

.Q 

B 

3 
o 

O 

■5 

03 

3 

O 

8 

a 

CD 

a 
a 

CD 
CD 

3 

a 

■a 

CD 
CD 

| 

C3 

CD 

ja 

CD 

O 

O 
O 

CD 

a 

a 

IH 
O 

Q 

■a 
a> 

■a 

CD 

*o 

a 

0 

■a 

CD 

a 
o 

O 

O 

a 

o 
o 

~  CD 

a  © 

CO  CO 
zS 

CD 
CO 

a 

o 
o 

CD 

~h   CD 
T3  CO 

CI 

03 

■q. 

CO 
O 

a 

a* 
t-i 

0 

Federal  Statutes 

56 
56 

48 

48 

32 

48 

48 

3  60 

Arkansas 

48 

33^ 

56 

Colorado 

50 
50 

Connecticut 

44 

30 

32 

48 

12 

55 

Delaware  

44 

48 

Florida ... 

48 

32 
30 

44 

48 

48 

56 

48 
48 

56 
56 

48 

32 

33 

48 

40 

40 

48 

48 
48 

40 
40 

56 

56 
56 

<  40 

«48 

50 

50 
48 

44 

30 

32 

40 

12 

56 
56 

50 

40 
36 

56 
56 
56 

56 
56 
56 
56 
56 

Minnesota 

48 

Mississippi 

48 

50 
50 
48 
48 
50 

44 

48 

32 
33 

Missouri 

48 

48 

48 

*  40 

32 

12 

New  Jersey  - . 

New  Mexico 

50 
50 

32 

48 

56 
55 
56 
56 

56 
56 

New  York. 

44 

44 

30 

North  Carolina 

30 

48 
48 

48 

M8 

North  Dakota.   _ 

36 

Ohio. 

48 
50 

48 

32 

48 

Oregon 

Pennsylvania 

50 
50 

32 

48 

40 

56 

56 
56 
56 
56 

56 

40 

48 

44 

30 

South  Carolina 

48 

48 

»30 

32 

48 
48 
48 

48 

40 

48 
48 
40 

5  48 

50 

MO 

50 


48 

48 

28 
32 

»48 

Texas 

50 

33 

Utah 

50 
48 

32 

48 

12 

40 

55 
56 

30 

Washington. 

48 
50 

46 

32 

44 
44 

30 

36 
35 

'50 
'50 

40 

56 
56 
66 

40 

•60 

45 

1  Not  defined. 

1  See  also  "Spelt  or  speltz." 

•  With  stems,  48  pounds. 

*  With  stems. 


(  With  stems;  without  stems,  60  pounds. 

6  Cottonseed,  long  staple,  30  pounds. 

7  Green. 


938 


LAWS  CONCERNING  WEIGHTS  AND   MEASURES 


Commodities  for  which   bushel  weights  have   been  established  in  more  than 

four  States — Continued 


Hair 

•a 
s 

| 

8 

a 

w 

u 
9 

Hi 

00 

3 

a 

o 

w 

d 
1 

o 

HI 

■s 

C3 
0> 

w 

o 

w 

3 

m  to 

C3 

bo 
d 
d 
W 

a 
o 

03 

M 

a? 

'a 

M 

Lime 

Millet 

CUD 

.2 

b0O 

flrcJ 

+o   TO 

50 

1 

3 

-a 
M 

TO 

CD 

9 

0 

»  £ 

d  j», 
a  a 
o-S 

cSX) 

8 

44 

45 

50 

62 

50 

48 

56 

— - 

2  80 

40 

.... 

50 

50 

44 

80 
70 

45 

50 

50 

3  12 

• 

50 

8 

44 

2  80 

8 
8 

4 
4 

44 
44 

50 
50 

56 
56 

— 

2  80 
80 



32 
38 

50 
50 

— - 

50 

35 

44 
44 
44 



<50 
50 

50 

56 
56 

:::: 

80 

2  80 
2  35 

50 

a  50 

50 

8 

4 

.... 

38 

8 

50 

611 

44 
44 

45 

45 

48 
50 

12 

70 
80 

50 
8  50 

35 



7  34 

44 
50 
44 

44 
44 
44 
48 

50 
48 
50 

48 
50 

70 

80 

2  80 

50 
48 
50 

50 

8 

4 

— - 

50 

.... 

38 

38 
30 

2  80 
80 

.... 

*50 

56 
56 

— - 

50 
50 

50 

32 

45 

70 

35 

44 

50 

56 

2  80 
70 

2  80 
80 

70 
80 

50 

45 

8 

44 
50 

44 
44 

»50 
50 

50 

62 

50 

48 
48 

50 

48 

50 

10 

40 

.... 

50 
50 

50 
50 

8 

4 

Ohio      

60 

.... 

56 
56 

:::: 

34 
38 

8 

44 

44 
44 
44 
44 

44 

45 

50 

60 

50 

50 

50 

48 
50 
48 

48 

56 

— - 

80 

70 

2  80 

80 

2  80 

"46" 

38 
38 

50 

50 
">50 

50 
"50 

60 

8 

:::: 

50 

<50 

50 

50 

62 

50 

56 
56 

50 

12 
~30" 

8 

62 

50 

40 



8 

4 

35 

Utah 

45 

50 
48 

56 

50 
50 

8 

44 

2  80 



38 

8 

i 

44 
44 

45 

50 
50 

60 

50 

50 
48 

56 

15 

2  70 

(") 

40 

34 
'34 

50 
50 

35 

8 

56 

1  Not  defined,  except  as  noted. 

2  Unslaked. 

3  Commercially  dry. 

*  Hulled. 

6  Hungarian. 

«  Well  dried  and  cleaned,  used  in  masonry. 

7  Barley  malt. 

8  German  and  American. 

•  Without  hulls. 

10  German,  Missouri,  and  Tennessee. 

»  "  Seventy  pounds  for  a  bushel  of  coarse  salt  or  lime;  80  pounds  for  a  bushel  of  unslaked  lime." 


APPENDIX 


939 


Commodities  for  wMch   bushel  weights  have   been  established  in  more  than 

four  States — Continued 


03 

O 

Onions 

13 

CD 
CD 

CO 
CO 

a. 

CO 

a 

0 

M 

0 

•a 

CD 
CD 
CO 
CD 

M 

a 
a 

M 

0 

CD 

bo 

CO 
CO 

0 

'S 

CO 

Peaches 

3 

CD 
P-. 

Pears 

a 

o 

'3 
o 

CD 
CO 

a 
0 

a 

0 

a 
0 

0 
« 

CO 
CO 

a 
0 

•a 
0 

Pi 
O 

E-< 

i 
■a 

S3 

CD 

•0 

CD 
'C 

Q 

CD 
'cD 
CD 

3 

•a 

'm 

A 

Q 

CD 
"cD 
CD 

O. 

a 

CD 
'Jh 
ft 

CO 
M 

CO 
CD 

CD 
P 

2  32 
32 

3  57 

32 

28 

14 

33 

45 

3  50 

38 

33 

22 

3  50 

26 

32 
32 

32 
32 

57 

14 

33 

57 
52 

45 

52 

33 

52 

32 

32 
32 
32 
32 

56 

57 

*  54 

24 

22 

»25 

55 

38 

33 

57 
57 

50 
50 

48 
48 

33 
33 

32 

30 

14 

33 

»20 

58 

32 

32 

'32 

32 

32 

32 

52 

55 
57 

32 

28 

14 

32 

45 
48 

48 
48 

33 
33 
39 

22 

45 
50 

36 

14 

24 

52 

54 

14 
14 

45 

48 
»40 

33 

«20 
22 

58 

(8) 

(6) 

32 
32 

32 

32 
32 
32 
32 

32 

54 
52 
57 

57 
57 
57 
57 
52 

14 

14 

33 

50 

42 

48 

28 
28 
33 

33 

32 

28 

22 

24 

45 

28 

14 

36 

44 
50 
50 
50 
45 

48 

48 
45 
45 

32 

28 

14 

32 

48 
48 
48 

33 
33 

33 

22 

New  Hampshire 

»  20 

58 

New  Jersey.. 

32 
32 
32 
32 

32 
32 

57 

57 

3  57 

52 

56 
57 

32 

30 

14 

42 

48 

33 
33 
25 
28 

33 
33 

22 

48 

North  Carolina 

32 
32 

28 
28 

'«28 
28 

14 
14 

33 

50 
42 

50 
44 

3t50 

48 

48 

9  22 
22 

3  56 

45 

26 

Ohio. 

Oklahoma 

14 

36 

22 

|48 

Oregon - 

32 

32 
32 
32 
32 
32 

50 

50 

3  56 
52 

'56 
57 

1 

1028 

14 

50 

50 

50 
48 
50 

50 

48 

48 
3  50 

48 
3  50 

50 

33 

25 
33 
26 

28 

38 

33 

22 

1     50 

Rhode  Island 

South  Carolina 

1     32 

1    32 

32 

32 

28 
30 
28 
30 

14 
14 

14 

14 

33 
32 
33 

23 
20 
23 

"20 

i  3  30 

45 
i  3  56 

58 

26 

South  Dakota 

Tennessee 

1 

26 

Texas 

Utah.... 

Vermont 

32 
32 

52 

57 

45 
50 

48 

«20 
12  22 

58 

Virginia 

14 

1    40 

32 

Washington. 



West  Virginia 

32 

!    32 

32 

55 
50 
57 

32 
1032 

28 

14 

33 

42 
44 
50 

48 
48 
48 

33 
33 

23 

50 
48 

Wisconsin 

Wyoming 

1 

1 

1  Not  denned,  except  as  noted. 

2  Hulled  or  unhulled. 
'  Matured. 

*  Green. 

'  Called  ground  peas  in  the  law. 
4  Roasted;  green,  22  pounds. 

I  Shelled. 

»  Peaches,  peeled;  unpeeled,  32  pounds;  not  stated  whether  dried  or  not. 

•  Spanish,  30  pounds. 

10  Not  stated  whether  top  or  bottom  onion  sets. 

II  Roasted;  green,  Georgia  or  Virginia,  22  pounds;  Spanish,  24  pounds. 

11  Virginia;  Spanish,  30  pounds. 


940 


LAWS  CONCERNING  WEIGHTS  AND   MEASURES 


Commodities  for  which  bushel  weights  have  been  established  in  more  than 

four  States — Continued 


Peas 

CO 

a 

3 

Potatoes 

S 

i 

cd 

CD 
CD 

a. 

a 
A 

8 

E 

CD 
ft 

P. 
0 
■w 

•a 

CD 

u"a 

O   CD 
CD 
ft" 
O 

•a 

CD 

<p 

ft 

M 

O 

■0  a 

a 
3 

A 

8 

s 

to 

CS 
.O 
oj 

3 

K 

CD 

56 
56 

CO 
CO 
CD 
PL) 

S-i 

o 

0. 
03 

T3 
CD 

0 

s 

"5 

cd 

1 
B 

R 

M 

CO 

*G0 

Alabama 

30 

64 

60 

56 

3  48 

50 

48 

14 

50 

45 

50 

60 

CO 

50 

14 

56 

54 

56 
50 

• 

60 
00 

*60 

26 

48 

54 

48 

45 

60 

50 

40 

60 

60 

56 
55 

48 

56 

56 
50 
56 
56 

60 

43 

.... 

«60 
*60 

60 
60 

50 

50 

Illinois 

32 

48 

50 

.... 

14 

45 

50 

50 



<60 
60 
60 

50 
30 

48 
52 

60 

60 
60 

50 

8  50 

55 

48 
48 

50 

.... 

14 

60 
50 

56 
56 
56 
32 
56 

56 

Maine 

60 
<60 

28 

.... 

56 

60 

60 

54 
60 

48 

50 

40 

14 

'14 

44 

60 

50 

60 

«60 

60 

60 

60 

■'  60 

s  GO 

60 

*28 

60 
60 
60 

60 
60 
60 
CO 
60 

56 

55 
54 

56 

14 
14 

56 
56 
56 

56 
56 
56 
56 
56 

Minnesota 

56 

50 

.... 

50 

.... 

52 

Mississippi . 

Missouri 

56 

60 

14 

50 

Nebraska 

50 

48 

"16" 

50 

54 

48 

50 

.... 

14 

60 

Nevada 

28 

.::: " 

48 

50 

New  Jersey 

New  Mexico 

60 
00 

2fi0 

60 

60 
60 

60 
60 
56 
60 

60 
60 

50       48 

50 

50 
"52" 

56 

56 

«56 

»56 

56 
56 

New  York 

54 
56 
46 

50 

55 

45 
44 

50 

North  Carolina- 

30 

64 

'48 

"50" 

48 

14 

9  50 
50 

North  Dakota 

::::•■" 

Ohio           

50 

Oklahoma 

56 

60 

50 

.... 

14 

50 

Pennsylvania .. 

*  60 

60 

2  00 

*  60 
2  60 

<60 

28 

"30 
56 
30 

32 

64 

60 

60 
60 
CO 
60 

60 

54 

54 
50 
54 
50 

50 

48 

50 

48 

14 

45 

60 

56 

56 
56 
5C 
56 

56 

50 

Rhode  Island 

60 

50 

South  Carolina 

64 
48 
64 

3  48 
3  48 
3  48 

48 

50 
50 

50 

48 
"48" 

14 
14 
14 

14 

9  50 

44 

60 
50 

50 

South  Dakota 

9  50 

Texas 

45 

50 

SO 

Utah... 

Vermont 

60 

28 

48 

60 
60 

54 
56 

48 

14 
40 

56 
56 

Washington 

West  Virginia 

2  60 
60 

"30 

.... 

56 
56 

60 

56 
60 
60 

50 
54 
50 

48 

50 
50 

48 

14 
14 

50 
56 

56 
56 
56 

50 

45 

50 

Wyoming 

1 

1  Not  defined,  except  as  noted. 

2  Dry. 

3  Matured. 
*  Dried. 

s  Shelled,  dried  peas. 

6  Sweet  potatoes,  seed,  sorted,  1H  inches  diameter  and  under  45  pounds. 

7  Red  top  grass  seed  (chaff);  fancy,  32  pounds. 

8  Smooth  peas. 

9  Called  pieplant  in  the  law. 
>°  Seed. 

»  Not  stated  whether  shelled  or  unshelled. 
1!  Green,  shelled,  50  pounds. 


APPENDIX 


941 


Commodities  for  which  bushel  weights  have  been  established  in  more  than 

four  States — Continued 


Salt 

■a 

§ 
to 

h 
0 
S3 
CO 

T3 

<o 

CD 
to 

a 

3 

ex 

O 

m 

ea 

'3 
D, 

u 

0 

'CD 
P. 
CO 

S3 
0 

03 

a 
0. 
02 

CD 

(-4 
CD 

CD 
O 

l>> 

S3 
0 

a 

EH 

0 

03 

a 

Eh 

'a 

3 
Eh 

3 

5 

■3 

SQ 

<D 
CO 

t-t 
03 
O 
O 

CO 

© 

CD 
S3 

60 

50 

50 

40 

48 

45 

56 

55 

50 

60 

50 

1 

50 

60 

57 

60 

60 

80 

| 

45 
45 

60 

70 

70  | 

20 

3  12 

56 

<50 

60 

00 

60 

50 

54 

55 

60 

45 

00 

00 

80 

50 
50 

45 
45 

56 
56 

55 
55 

50 

60 

55 

50 

20 

40 

12 

60 

80 
80 
50 

130 

20 

»50 
50 

40 
40 

45 

45 
45 

50 

56 

55 
55 
60 

«50 
'50 

00 

14 

60 

Kentucky r 

55 

60 

Louisiana .  . 

60 

Maine-- .- 

8  70 
70 

HO 
56 

50 

50 

12 

40 

45 

45 

56 
60 

*  50 
60 

60 

Maryland- 

60 

Massachusetts 

Michigan •_ 

10  56 

45 
45 

45 

45 
45 
45 
45 
45 

50 

45 

56 
56 

56 

58 
55 
55 

"42 
50 
55 
56 

55 

50 
6  50 

60 

Minnesota..  -  

57 
42 

42 

40 

fin 

Mississippi 

50 

50 
50 
80 
80 

fiO 

Missouri 

60 

Montana 

60 

Nebraska . 

130 

20 

50 
50 

48 

(50 

Nevada 

60 

New  Hampshire 

70 

50 

20 

12 

60 

New  Mexico .. 

130 

20 

50 

45 
45 
45 
45 

45 
45 

50 

56 

60 

New  York 

70 

50 

00 

50 

80 

50 

57 

50 
50 

40 

10 

48 

56 
50 

56 

45 

50 
60 

60 
1142 

«50 
50 

"50 

CO 

60 

Ohio 

00 

Oklahoma 

80 

00 

Oregon _. _. 

Pennsylvania 

85 
70 

"62 
50 

100 

20 
20 

50 

40 

12 

48 

45 

45 

45 
45 
45 

45 

56 

56 
56 
50 
56 

56 

56 

50 
50 
55 
50 

55 

"50 

50 

V50 

50 

50 

00 

60 

South  Carolina _. 

50 

50 
50 
50 

50 

45 

12 

48 

60 

South  Dakota 

80 

130 

60 

50 

30 

12 

48 

60 

Texas 

55 

50 

20 

60 

Utah... 

Vermont _ 

70 

56 

40 

12 

45 
45 

56 
60 

60 
55 

60 

50 

60 

West  Virginia 

70 
70 

50 
50 

130 

20 
20 

67 

40 

15 

48 

45 
45 

56 
56 
56 

55 
42 
55 

50 

60 

60 

Wyoming 

45 

60 

1  Not  defined,  except  as  noted. 

2  See  also  "Emmer."  Spring  emmer  has  frequently  been  erroneously  called  spoltz,  this  name  being 
a  misspelling  of  spelt,  which  is  a  distinct  crop.  The  differences  between  spelt  and  emmer  arc  pointed  out 
in  U.  S.  Dept.  Agr.  Farmers'  Bulletin  466. 

3  Commercially  dry. 

*  English  in  Connecticut;  common  English  in  Maine. 
8  Sorghum  saccharatum  seed. 

«  Hulled. 

'  Black. 

8  Turk's  Island  salt  or  other  grades  of  coarse  salt. 

•  Liverpool  salt  or  othor  grades  of  fine  salt. 
10  Michigan  salt. 

"  Common. 
»  Domestic. 
''Ground. 


942 


LAWS   CONCERNING  WEIGHTS  AND   MEASURES 


Bushel  weights    (found,  in  the  preceding  pages),  tcith  corresponding  propor- 
tional weights  for  various  subdivisions  of  the  bushel 


Bushel  weight  in  pounds 

One-half 
bushel 

One  peck 

One-half 
peck 

One-quarter 
pock 

One  quart 

Lbs. 

Ozs. 

Lbs. 

Ozs. 

Lbs. 

Ozs. 

Lbs. 

Ozs. 

Lbs. 

Ozs. 

4 

2 
4 
5 
5 
6 

.       7 
7 
9 
10 
11 

U 
12 
12 
13 
14 

15 
16 
16 
16 
17 

17 
18 
19 
19 
20 

21 
21 
22 
22 
23 

23 
24 
25 
26 
27 

27 
28 
28 
29 
30 

31 
32 
34 
35 

36 
37 
37 
38 

40 
42 
50 
65 

0 
0 
0 
8 
0 

0 
8 
0 
0 
0 

8 
0 
8 
0 
0 

0 
0 
8 

10.7 
0 

8 
0 
0 
8 
0 

0 
8 
0 
8 
0 

8 
0 
0 
0 
0 

8 
0 
8 
0 
0 

0 
0 
0 
0 

0 
0 
8 
0 

0 
8 
0 
0 

1 
2 
2 
2 
3 

3 
3 

4 
5 
5 

5 
6 
6 
6 

7 

7 
8 
8 
8 
8 

8 
9 
9 
9 
10 

10 
10 
11 
11 
11 

11 
12 
12 
13 
13 

13 
14 
14 
14 
15 

15 
16 
17 
17 

18 
18 
18 
19 

20 
21 
25 
32 

0 
0 
8 
12 
D 

8 
12 
8 
0 
8 

12 
0 
4 
8 
0 

8 

0 

4 

5.3 

8 

12 

0 

8 
12 

0 

8 
12 
0 
4 
8 

12 
0 
8 
0 

8 

12 
0 
4 
8 
0 

8 
0 
0 
8 

0 
8 
12 
0 

0 
4 
0 
8 

0 
1 
1 
1 
1 

1 
1 
2 
2 
2 

2 
3 
3 
3 
3 

3 
4 
4 
4 
4 

4 
4 
4 
4 
5 

5 
5 
5 
5 
5 

5 
6 
6 
6 
6 

6 
7 
7 
7 

7 

7 
8 
8 
8 

9 
9 
9 
9 

10 
10 
12 
16 

8 
0 
4 
0 
8 

12 
14 

4 

8 
12 

14 
0 
2 
4 
8 

12 
0 
2 

2.7 
4 

6 

8 
12 
14 

0 

4 

6 

8 
10 
12 

14 

0 

4 

8 
12 

14 
0 
2 
4 
8 

12 
0 

8 
12 

0 

4 
6 
8 

0 
10 
8 
4 

0 
0 
0 
0 
0 

0 
0 

1 
2 
2 
2 
2 

2 
2 
2 
2 
2 

2 
2 
2 
2 
2 

2 
3 
3 
3 
3 

3 
3 
3 
3 
3 

3 

4 
4 
4 

4 
4 
4 
4 

5 
5 
6 
8 

7 

8 
10 
11 
12 

14 
15 

2 

4 

6 

7 

8 

9 
10 
12 

14 
0 
1 

1.3 
2 

3 

4 
6 

7 
8 

10 
11 
12 
13 
14 

15 
0 
2 
4 
6 

7 

8 

9 
10 
12 

14 
0 
4 
6 

8 
10 
11 
12 

0 

5 
4 
2 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 

1 
2 
2 
2 

2 
2 
2 
2 

2 
2 
3 
4 

2 

8                              

4 

10..                 - 

11                               

5.5 

12                                      

C 

14.. 

7 

15...                          

7.5 

18. ..              

9 

20. 

10 

22                                      

11 

2ii                      

11.5 

24... 

12 

25.                            

12.5 

26...                     

13 

28                              

14 

30 

15 

32 

0 

33..                     ... 

0.5 

33M—            

0.7 

34...                  . 

1 

35...     

1.5 

36..                                    

2 

38 

3 

39.                                     

3.5 

40 

4 

42 

5 

43...                                  

5.5 

44 

6 

45 

6.5 

46 .     

7 

47 

7.5 

48.. 

8 

50 

9 

52 

10 

54 

11 

55 

11.5 

56 

12 

57 

12.5 

58 

13 

60 

14 

62 

15 

64 

0 

68 

2 

70 

3 

72 

4 

74 

5 

75 

5.5 

76... 

6 

80 

8 

85.... 

10.5 

100 

2 

130 

1 

INDEX 


Accounts: 

based  upon  false  weights  and  measures 262 

recovery  of  value  of  goods  sold 179,354 

unsealed    weights   and    measures,    effect 

upon 533 

Acre.    See  Units  of  weights  and  measures. 

Acre-foot.    See  Water. 

Agricultural  colleges,  standards  furnished  to.         7 

replacing  lost 7 

Alabama,  laws  of 47 

Alaska,  laws  of 60 

Ale,  standard  measure  for. 70 

Ale,  porter,  and  beer,  barrel  for  and  subdivis- 
ions..      901 

tolerance  on,  to  be  prescribed 902 

Alewives,  barrel  for 333 

Alfalfa  seed,  weight  per  bushel 934 

Ampere.    See  Electricity,  units  of. 

Anthony,  Daniel,  work  on  gauging 720 

Anthracite  coal.    See  also  Coal. 

weight  per  bushel 936 

Apothecaries   weights   and   measures,    test- 
ing  358,457 

See  also  Units  of  weight  and  measure. 

Appendix -      931 

Apple  seed,  weight  per  bushel 934 

Apples.    See  also  Barrel  for  fruits  and  vege- 
tables, 
barrel  for — 

capacity -      19, 

47, 147, 291,  331, 364, 516,  731,  751, 780, 837, 902 

dimensions 19,147,291, 

331, 339, 342, 363, 438, 516,  604, 751 ,837, 849, 902 

double  head,  dimensions. 339 

how  marked 19,332,364,517,604,837 

number  of  pounds  to 849 

of  less  capacity,  how  marked 339,849 

of  other  form  than  standard  may  be  used.      19, 
147, 291, 364, 751, 837, 902 

basket  for  capacity 156,902 

of  other  size  to  be  marked 156 

box  for,  capacity 79, 

122,  147, 168, 196, 270, 331, 384, 464, 516, 837, 902 

dimensions. 79, 122, 147, 

168,  237,  270, 331, 364, 464, 516, 557, 649, 837, 868 

how  marked 332,464,837 

short  box,  how  marked 464 

special,  dimensions 649 

tolerance  on  count 464 

unlawful  to  manufacture  or  use  other 271 

weight  or  number  to  be  marked...  203,464,869 

crate,  capacity 902 

package,  to  be  marked  with  count  or  size..      675 

with  net  weight  or  number 203 

weight  per  bushel... 934 

dried 934 

517—27 60 


Appliances  and  accessories:  Page 

may  be  inspected  and  tested 50 

63,  65, 102, 103, 136, 137, 149, 162, 232, 300, 357, 
393,  411,  453,  500,  610,  613,  670,  733,  776,  795, 
831,  863,  883,  891,  896,  897,  926. 

giving  false  indications 81,455 

regulations  concerning  may  be  made 475, 896 

See  also  Type  of  apparatus;  and  Weights 
and  measures  and  weighing  and  meas- 
uring devices. 

Apricots,  basket,  dimensions 118 

standard  packages  for 117 

Are.    See  Metric  system. 

Arizona,  laws  of..- 61 

Arkansas,  laws  of 78 

Ashes,  bushel,  quantity  allowed  for 834 

pot  and  pearl,  barrel  for. 619 

standard  measure  for,  form  and  dimensions.      461 

how  heaped 461 

Assay    Commissioners,    appointment    and 

meeting  of 39 

Assay  office,  altering  weights  at 42 

standard  weights  for,  to  be  procured 40 

Avacados,  standard  packages  for 117 

dimensions _.      118 

Avoirdupois  weight  or  measure.    See  Units 

of  weight  and  measure. 
Awnings,  unlawful  ro  conceal  size 222 

B 

Babeock  or  other  test  for  milk  and  cream 58, 

75,  131,  146,  160,  202,  226,  252,  263,  291,  311, 

328,  387,  406,  425,  434,  446,  467,  492,  507,  519, 
600,  621,  657,  689,  771,  787,  827,  858,  877,  915. 

apparatus  may  be  tested 388,  521, 837, 859,  917 

may  be  destroyed,  when 789 

glassware,  specifications  for 76, 

226, 253, 292,  406, 492, 600,  637, 658, 689, 915 
standard.. 132,  160,  264,  291,  311, 

329,  425,  492,  508,  637,  657,  788,  827,  877,  916 
testing 252, 

387, 468, 492,  508,  520,  636, 788, 836, 858 
payment  for  milk  or  cream,  evidence  that 

test  was  made 202 

scales  for 435, 638, 659, 788, 878 

speed  or  method  of  operating 467,660,877 

test  to  be  evidence 789 

unlawful  use  or  manipulation  of 58, 

76,  131,  160,  202,  228,  252,  264,  291,  408,  435, 
446,  507,  657,  771,  788,  827,  836,  860,  878,  879, 
917. 

Badges,  sealer  to  be  provided  with 531,843,899 

to  exhibit,  when 843 

Bag  or  sack  of  or  for.    See  also  Barrel;   and 
specific  article. 

beans,  exact  weight  to  be  marked 173 

bran,  number  of  pounds  to 269,302,798 

943 


944 


INDEX 


Bag  or  sack  of  or  for— Continued.  Page 

charcoal 369, 573 

chops,  number  of  pounds  to 302 

coal 324,369,496,573,717,866 

coke 324,369,573,717 

corn,  weight  fixed.- 64 

cornmeal,  gross  weight  fixed 184,628,785 

how  packed  for  exportation 158 

may  be  seized,  when 629 

tolerances.. 184 

weight 53,  184,  195,  216, 

269,  288,  477,  495,  585,  628,  732,  781,  785,  851 
weight  to  be  marked...  184, 288,  586, 628, 785, 851 

cottonseed  hulls,  weight  fixed 54 

weight  to  be  marked '. 185 

cottonseed  meal,  weight  fixed 269 

weight  to  be  marked.  _ 84, 269, 431, 590 

feed,  gross  weight  fixed _ 628 

made  from  cereals,  weight  fixed 269 

feeding  stuffs,  weight  of,  fixed 56,  83,  188, 

255,  269,  290,  590,  747,  765,  787,  815,  860 

to  be  marked 56, 

83,  123,  145,  159,  177,  188,  226,  254,  269, 
278,  290,  310,  330,  344,  368,  406,  426,  431, 
447,  488,  523,  552,  577,  590,  600,  623,  634, 
656,  694,  709,  728,  747,  765,  785,  787,  815, 
825,  838,  860,  871,  892,  917,  928. 

fertilizer,  weight  of,  fixed 311,738,815 

to  be  marked 56, 

81,  145,   178,  187,  226,  311,  331,  344,  372, 
405,  426,  489,  524,  551,  577,  589,  600,  623, 
634,  656,  694,  728,  738,  787,  815,  838,  857, 
871,  892,  917. 
flour — 

tolerance  on 73,184,785 

weight  of 185, 

195,  216,  259,  269,  302,  305,  398,  414,  429,  438, 
495,  586,  595,  628,  648,  649,  744,  751,  785,  798 
851,  890. 

weight  to  be  marked 73,  81, 

158,  173,  183,  185,  269,  305,  398,  431,  438,  441, 
477,  586,  617,  628,  785, 844, 851. 

rye,  graham,  weight.. 477 

whole  wheat,  weight 477 

grits,  capacity  of 732 

weight  fixed _.  184,  288,  785,  851 

to  be  marked 184,288,785,851 

grain,  weight,  fixed __       54 

maybe  deducted,  when 203,649 

to  be  marked 54, 81, 173,  305 

hops,  deduction  for  weight  of 650 

lime,  agricultural,  weight 799 

to  be  marked 159,  331,  344,  551,  623,  644,  858 

hydrated,  weight. __ 799 

meat  meal,  weight 269 

oil,  meal,  weight 269 

oysters,  capacity 307 

peanuts,  weight  to  be  marked 173 

potatoes,  weight 649, 866 

to  be  marked 173,  866 

rice  bran,  weight... 799, 815 

rice  polish,  weight. 799 

shorts,  weight... 269,  799 

tankage,  weight 269 

wood,  kindling... 369,  573 


Bagging  and  ties:  page 

deduction  for,  or  weight  of 54, 

84, 182, 185,  519,  650,  739,  740,  787 

number  yards  to  bale 84 

prohibited,  when ._.     185 

for  hops,  weight  of  bailing  cloth 671,  650, 869 

Bale  of: 

cotton,  weight,  minimum 740 

to  be  marked. _ 562, 632 

flour,  weight  of 649 

hay- 
shrinkage 572 

tare 572,  688,  725 

weight  to  be  marked.  72, 252,  260,  269,  572,  688,  725 

hemp,  weight  to  be  marked 855 

hops,  how  marked _ 571 

tare... __ 571, 650, 869 

weight  of.. _ 571,  869 

straw — 

how  marked 572 

tare 725 

tolerance  on 72,  572 

weight  to  be  marked 260,269,688 

Ball.    See  Textiles. 

Bananas,  hampers  for,  use  permitted 247 

Banks,  tender  by,  not  legal  when 844 

test  of  weights,  when 844 

Bark,  certificate  of  quantity  to  be  furnished.  375, 518 

cord,  dimensions 322,692,834,844 

how  measured  or  stowed 603,692,834 

number  cubic  feet  to 322,  603,  692,  844 

number  pounds  to 179,  685, 899 

fees  for  measuring.. 518 

measurement  before  sale  or  delivery.  _ 322 

ton  of,  number  pounds  to 685 

Barley,  weight  per  bushel 934 

Barrel  of  or  for: 

apples,  capacity 19, 

47,  147, 291, 331, 363,  516,  731,  751,  780, 837,  902 

dimensions 19, 

147,  291,  331,  339,  342,  363,  438,  516,  604,  751, 
837,  849,  902. 
how  marked  or  branded.  19, 332, 364,  517,  604, 837 

number  of  pounds  to 849 

of  less  capacity,  how  marked 339, 849 

other  form  than  standard  may  be  used...      19, 
147, 291, 364,  751, 837,  902 

ale,  porter,  or  beer,  number  of  gallons  to 901 

tolerance  on 902 

ashes,  pot  and  pearl 619 

beans,  capacity 47,338,731,780 

dimensions 339 

of   less    capacity    than    standard,   how 

marked . 339 

beef  or  pork,  half  barrel 618 

how  made 309,  618,  854 

how  marked 309 

number  of  gallons  to 745 

number  of  pounds  to 248, 

251, 302, 309,  579,  618,  721,  731,  745,  780,  854 

packing  less  than  lawful  weight 249, 431 

beets 339 

bread 854 

breadstuffs 158 

broccoli 339 


INDEX 


945 


Barrel  of  or  for— Continued.  Page 

butter  or  lard 784 

cabbage .     339 

carrots 339 

cement,  net  weight  to  be  marked 852 

charcoal,  capacity .' 430 

cisterns,  measurement  of 79 

clams,  capacity.. -.      176 

clambait . . . 333,362 

coal 303,430 

corn 48,339,731,780 

cornmeal,  dimensions . -.      158 

subdivisions  of... 53, 158, 184,  269,  784 

tolerance  on 184 

weight  of 53,158,184,269,784 

weight  to  be  marked 53, 158, 184, 431, 784 

cottpnseed  meal 84,431 

cranberries,  dimensions 20, 

167, 214, 364, 403, 525,  648, 847, 902 

of  less  capacity  than  standard 403 

rules  and  regulations  for _ 21 

subdivisions 21, 167, 214,  403,  648 

tolerances  on 22-26,404 

feeding  stuffs,  net  weight  to  be  marked. .  177, 431 

fish,  capacity 145,333,729,854 

dimensions 333 

half  barrel 145, 579,  618,  729 

how  made 145,618,729,854 

mackerel,  number  offish 729 

manure,  number  of  gallons 728 

menhaden  or  herring 729 

pickled,  number  of  pounds  to 729 

half  barrel 729 

shad,  half  barrel 144 

number  offish  to _ 144 

weight _ 144 

weight  of 144, 332, 618, 729, 731, 780 

flour,  containing  200  pounds 798 

dimensions 172,617,784,854 

forfeiture  for  short  weight 431,629 

how  made 784,854 

number  of  gallons  to 751 

rye,  subdivisions 269 

weight  of 158,269 

to  be  marked _ 158 

subdivisions,  weight  of 158, 

172,  184,  195,  216,  259,  269,  302,  305,  398,  414, 
429,  438,  477,  495,  586,  595,  628,  648,  649,  744, 
751,  784,  798,  854,  890. 

weight  to  be  marked _ 73, 

81,  158,  173,  183,  184,  269,  305,  398,  431,  438, 
441,  586,  617,  628,  784,  844,  851. 

tare  to  be  marked 617 

tolerance  on : 73,184,785 

weight  of.. _ 48, 

142,  158,  172,  184,  195,  216,  248,  251,  259,  269, 
302,  305,  319,  339,  366,  398,  414,  429,  438,  477, 
495,  586,  595,  617,  628,  648,  715,  731,  744,  751, 
780,  784,  798,  844,  854,  890,  902. 

to  be  marked 73,  81,  158,  173,  184,  305, 

398,  431,  438,  441,  586,  617,  628,  784,  844 
fruits,  vegetables,  or  other  dry  commodities, 

capacity 20, 

156, 167,  214, 270, 403,  751,  847,  888,  890,  902 

dimensions 20, 

167,  214, 339, 403,  004,  751,  847,  888,  890,  902 

of  less  capacity  prohibited 403 

other  form  than  standard  may  be  used..      20, 
167, 214, 403, 751, 847, 888, 902 


Barrel  of  or  for— Continued.  Page 

fruits,  vegetables,  etc. — continued. 

other  size  than  standard 156, 339 

rules  and  regulations  for  standard  barrel, 

for  cranberries 21 

for  fruits  and  vegetable 21 

subdivisions 21,167,214,403 

tolerances  on 22,404 

gasoline,  number  gallons  to 601 

grits,  subdivision _ 184,398 

tolerance _..      184 

weights  of 184,398,785 

weight  to  be  marked 184,398 

herring 333 

kale 339 

lime,  fractional  parts 26, 576, 852 

how  marked 26,576,852 

number  pounds  to 26, 

372, 4a3, 576, 751, 799, 852, 890, 902 

rules  and  regulations 27 

tolerance  on .__ __  29,30 

liquids,  capacity 48, 

79,  110,  141,  215,  257,  337,  365,  413,  461,  495^ 
556,  579,  594,  604,  684,  732,  751,  780,  798,  901 

number  to  hogshead. no, 

141,  215,  257,  337,  365,  413,  461,  495,  566,  594, 
604,  684,  751,  798,  901. 

liquor,  fermented 43 

malt,  beverages __ _ 355 

fermented _ 413 

meal,  dimensions.. _ 617,854 

forfeiture  for  short  weight 431 

how  made 854 

subdivisions _ 305,398,854 

tare  to  be  marked __ __ 617 

weight  of.. _ 305,398,429,617,854 

to  be  marked 173,305,617 

melon,  cantaloupe _ 732,780 

middlings 158 

nails  or  brads _ __ _..      372 

oil,  flaxseed,  linseed,  or  lard.. 618 

oils  and  motor  fuels 445 

oils,  petroleum  products,  capacity 601,763 

net  contents  in  gallons  to  be  marked 764 

onions,  dimensions 339, 604 

how  marked _ _.      604 

of   less    capacity    than    standard,    how 

marked _ _ 339 

oranges,  may  be  used  for  shipping 174 

oysters,  capacity 57,176,433,814 

Parsnips 339 

pears,  capacity 751,902 

dimensions _ 339,751,902 

how  marked 339 

of    less   capacity   than   standard,   how 

marked 339 

other  form  than  standard  may  be  used.  751, 902 

peas,  green,  capacity 338,732,780 

dimensions 339 

of  less  capacity  than  standard,  how 

marked 339 

Pitch.. _ ___      854 

potatoes,  capacity 732,751,780,902 

dimensions 339,604,751,902 

how  marked 6Q4 

of   less    capacity    than    standard,    how 

marked 339 

other  form  may  be  used 751,902 


946 


INDEX 


Barrel  of  or  for— Continued.  Page 

potatoes— Continued. 

sweet,  capacity 732,780 

dimensions.- 339 

of  less  capacity  than  standard,  how 

marked 339 

weight 319 

weight 142,288,319 

to  be  marked 173 

produce  or  farm  products,  capacity..  156,888,890 

dimensions 604,888,890 

how  marked 604 

of  other  form  may  be  used. -     888 

other  size,  how  marked 156,339 

proof  spirits 43 

quinces 339 

rice,  tare  on 183 

weight  and  tare  to  be  marked 487 

rosin 180 

salt,  forfeiture  for  shortage 785 

how  made 618,855 

net  weight  of 691 

tare  weight 251,619,856 

time  allowance  before  weighing 856 

weight  to  be  marked 251, 618, 856 

shrimp 302 

spinach 339 

sugar,  forfeiture  for  shortage 785 

weight  to  be  marked 487 

tar 745,854 

tobacco 487 

turnips,  capacity 732,780 

dimensions 339 

of  less  capacity,  how  marked 339 

turpentine,  dimension  of  staves 180 

number  of  gallons  to 180,854 

weight  of... 745 

to  be  marked. 745 

Baskets.    See  also  Berries  and  small  fruits; 
Fruits  and  vegetables;  and  Produce  and 
farm  products, 
climax  for  grapes  and  other  fruits  and  vege- 
tables, capacities  and  dimensions. 30, 

167, 244, 259, 270, 402, 541, 606 

dealer  not  liable  for  correctness,  when 403 

how  filled 608 

how  marked... 259,  541 

not  conforming  to  provisions 542 

other  capacity  prohibited 608 

rules  and  regulations,  concerning 32 

may  be  established.. 271, 542 

test  of 542 

tolerances 32,609 

false  bottom,  prohibited 114,735 

for  apples,  capacity 156,902 

other  size  to  be  marked.. 156 

for  apricots,  dimensions 118 

for  beans,  shelled,  capacity 168 

for  cabbage,  capacity 156 

other  size  to  be  marked 156 

for  charcoal,  capacity 323,369,870 

dimensions 323,724,870 

how  filled 369,573,724 

how  marked 369,573 

may  be  seized,  when ._     323 

sealing  of 323, 724 


Baskets— Continued.  Pane 

for  coal,  capacity 673 

how  marked 309,573,717 

minimum  weight 717 

for  coke,  capacity... 369,573 

how  filled 369,573 

how  marked 369, 573, 717 

minimum  weight 717 

for  cherries,  capacity 168,514 

may  be  seized 514 

not  required  to  be  sealed 614 

number  of  cubic  inches  to 168 

for  currants,  capacity 614 

may  be  seized 514 

not  required  to  be  sealed 614 

for  fruits  and  vegetables,  capacity... 156, 

168, 241, 337, 338, 626,  538, 608, 805, 902 

dimensions 168,241,242,608 

how  filled 246,338,397,608 

how  marked 156, 527, 540 

less  capacity,  how  marked 339 

may  be  seized  and  destroyed  when 246 

may  be  shipped  to  other  State  or  country 

when... 247 

number  cubic  inches  to.. 168, 

241,242,337,338,608,805 

number  of  pounds  to  be  marked 397 

other  form  permitted 609 

other  size  prohibited... 246,608 

tolerance  on  may  be  fixed 245, 609 

use  prohibited  as  dry  measure 169 

for  grapes,  capacity.. 404 

dimensions.. 118 

how  marked... 404 

number  of  pounds  to  be  marked 397 

for  oysters,  capacity 302,307 

for  peaches,  capacity 156,397 

how  filled 397 

number  of  cubic  inches  to 397 

number  of  pounds  to  be  marked 397 

other  size  to  be  marked 156 

for  pears,  capacity 338,902 

half-basket,  capacity ..      338 

of  less  capacity,  how  marked 339 

for  peas,  shelled,  capacity 168 

number  of  cubic  inches  to 168 

for  plums,  dimensions... 118 

number  of  pounds  to  be  marked 397 

for  shrimp,  number  of  pounds  to 306 

for  tomatoes,  capacity 156,338 

dimensions- 174 

not  applicable  to  local  shipments 175 

other  size  prohibited 174 

for  wood,  capacity .  369, 516 

dimensions 725 

how  filled— 369, 516, 725 

how  marked .     369 

may  be  seized,  when 725 

number  to  cord 725 

Beans,  bags,  weight  to  be  marked. L 173 

barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

box  or  basket,  for  shelled,  capacity 168 

number  of  cubic  inches  to 168 

green,  barrel  for,  dimensions  and  capacity..      338 

of  less  capacity,  how  marked... 339 

in  pods,  number  bushels  to  barrel..  47, 731, 780 


INDEX 


947 


Page 
Beans — Continued. 

hamper  for,  capacities... 806 

weight  when  packed 806 

weight  per  bushel  of 934 

castor 934 

green,  string. 933 

weight  per  bushel  of  green,  unshelled 934 

lima 934 

lima  in  pod 933 

scarlet  or  white  runner  pole 934 

shell 934 

soy 934 

velvet 934 

shelled 933 

wax 934 

Windsor 934 

Bedding,  how  marked 651 

mattress,  size  and  weight  to  be  stated 124 

may  be  condemned,  when 653 

Beef  or  pork.    See  also  Meat. 

barrel,  dimensions .. 309 

forfeiture 431 

how  made 309,618,854 

how  marked 309 

number  gallons  to 745 

number  pounds  to 248, 

251, 302, 309, 579, 618, 721, 731, 745, 780, 854 

packing  less  than  lawful  weight 249, 431 

weighers  of  may  be  appointed. 365 

Beer,  barrel  for  and  subdivisions,  number 

gallons  to 901 

tolerance  on  to  be  prescribed 902 

standard  measure  for,  number  cubic  inches 

to 70 

Beet  greens,  weight  per  bushel 934 

Beets,  fresh.    See  also  Fruits  and  vegetables. 

sale  by  bunch 169,362 

standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

weight  per  bushel 934 

Beggarweed  seed,  weight  per  bushel 933 

Berries  and  small  fruits.    Sec  also  Fruits  and 
vegetables. 

box  or  basket  for,  capacity 31, 

118,  127,  156,  168,  196,  214,  235,  236,  244,  259, 
270,  319,  338,  363,  402,  428,  478,  496,  514,  526, 
539,  557,  606,  646,  752,  823,  847,  866,  902. 

dimensions 118,402 

how  filled - 127, 

196, 214, 237, 246, 363,  539,  608, 752, 823, 847 

how  sold -  127,196,214,235,236,  258,  271, 

319, 337, 363, 538, 557, 646, 723,  752, 823, 866, 903 

may  be  seized,  when 246,319,363,514,902 

other  size  containers,  permitted,  when...     127, 

156,196,496,557,866 

prohibited...  246, 271, 338, 478, 608, 646, 848, 902 

refilling,  prohibited 428,823 

rules  and  regulations 32 

tolerances  on 32 

to  be  prescribed 31, 

245,271,609 

weightof  contents 823 

crate  or  box  for  holding  pint  or  quart  boxes.      805 

sale,  by  liquid  measure 271,557 

by  weight,  when. .  235, 236, 538, 646, 823, 866, 903 
minimum  weight  per  quart  orpint,  fixed.     823 
transferring  from  one  box  to  another,  pro- 
hibited       823 

weight  per  bushel 933-941 


Page 

Bill  of  lading,  Federal  act 36 

responsibility,    when   goods   loaded   by 

carrier 36 

when  loaded  by  shipper 35 

shipper's  weight,  load  or  count,  effect  of..       35 

Biscuits,  casks  for,  how  made 619 

weight  to  be  marked 619 

Blackberries    See  aZso  Beiries  and  small  fruits. 

dried,  weight  per  bushel 933 

weight  per  bushel 935 

Black  medic,  weight  per  bushel 933 

Blueberries .    See  also  Berries  and  small  fruits. 

weight  per  bushel 933 

Bluegrass  seed,  weight  per  bushel 935 

Board  measure;  required  for  timber 746 

See  also  Logs;  and  Lumber. 

Boats  or  barges,  method  of  gauging 302 

Boilers,  range: 

capacity  to  be  marked 377,645 

tolerance  on 377 

Bottles,  for  buttermilk,  capacity. 866 

for  distilled  water. 70 

for  food,  tolerance — 18 

for  milk  and  cream,  allowance  in  capacity 

for  Pasteurizing 900 

average  capacity,  how  ascertained 71, 

399, 752, 887, 900 

capacity  fixed..  70, 166, 196, 213, 259, 271, 327, 351, 

399, 478, 496, 526,  557, 569,  752, 846, 866, 887, 900 

how  filled 70, 

166, 213, 259, 327, 351, 399, 626, 669, 752, 887, 900 

how  marked 70, 152, 166,213, 264, 

328, 351, 399, 458, 526, 569, 724, 752, 846, 887, 900 
legal  measures  and  subject  to  regulations.  673 
legal  measures  for  milk  and  cream  only.  327, 351 

paper  or  fiber  bottles,  how  filled 351 

may  be  sealed 351 

re-use  of 351 

sealing  of,  by  manufacturers 213, 

327, 351, 399, 723, 846, 887, 900 

by  sealer,  when 71,152,214,260, 

327, 351, 358, 400, 458, 520, 723, 847, 888, 901 

not  required 71,214,260,400,847,888,901 

tolerances 71, 

213, 327,  351, 399,  526,  569,  724,  752, 887,  900 

to  be  fixed 673 

for  olive  oil,  quantity  to  be  stated 73 

for  vinegar,  capacity 866 

other  sizes  to  have  net  measure  stated...     866 

quantity  to  be  stated 73 

selling  under-capacity 430 

Bottomless  measures 258, 673 

Box  of  or  for.    See  also  Berries  and  small 
fruits;  Fruits  and  vegetables. 

apples,  capacity 79, 

122, 147, 168, 196,  270, 331, 364, 464,  516,  837,  902 

dimensions 79, 

122, 147, 168, 237, 270, 331, 364, 464, 616, 657, 649, 
837,868 

how  marked 332,464,837 

number  of  apples  to  be  marked 122,  464 

other  size  unlawful.. 271 

"short  box,"  how  marked 464 

special,  dimensions 649 

tolerance  on  count 464 

weight  or  number  to  be  marked 203,869 

beans,  shelled,  capacity 168 


948 


INDEX 


B  ox  of  or  f or—  C  ontinued .  P  age 

candles,  net  weight  to  be  marked ...     619 

cherries,  capacity - 168 

dimensions... _ 118 

cheese,  net  weight  to  be  marked 487 

coal,  number  pounds  to _ 430 

cranberries,  capacity , 364,478,648,806 

dimensions 364,  525 

farm  produce,  capacity 363, 518 

dimensions 363,518,715 

half-box. 363,715 

how  marked ;...  363,518,715 

unlawful  to  misrepresent.  _ _     5!8 

fruits  and  vegetables,  capacity 168, 

338,  526,  S02 

dimensions 168 

how  marked. _ 527 

of  less  capacity,  how  marked. 339 

special  lug 119 

grapefruit,  for  field  use,  dimensions 174 

other  size  prohibited... 176 

hemp,  dimensions- 855 

herring,  dimensions i 333 

hops,  dimensions 259,904 

lemons,  for  field  use,  dimensions 174 

other  size  prohibited 176 

onion  sets,  sizes. ._     478 

oranges,  dimensions 173,805 

half  box 174 

other  size  prohibited 173, 175 

for  field  use,  dimensions 174 

other  size  prohibited 176 

oysters,  dimensions.. 57,814 

number  to  barrel 57,814 

peaches,  capacity 338,  397,  902 

dimensions 118 

half-box  capacity 338 

other  than  standard,  how  marked 339 

weight  or  number  to  be  marked. . .  203, 397, 869 

pears,  capacity. 338,902 

dimensions 118,168,557,868 

half-box 338 

number  to 806 

other  than  standard,  how  marked 339 

weight  or  number  to  be  marked 203, 869 

peas,  shelled,  capacity 168 

plums,  capacity 902 

potatoes,  sweet,  capacity 270 

soap,  net  weight  to  be  marked.. 487,  619 

use  of  as  dry  measure,  prohibited 169 

with  false  bottom,  prohibited 115,  735 

Brads,  cask  of,  maximum  weight 372 

net  weight  to  be  marked 372 

Bran,  bag  or  sack,  weight  per 269,  302,  798 

bushel,  weight  per... 936 

rice,  weight  per  bag  or  sack 799, 815 

weight  to  be  marked  on  package 305 

Bread,  articles  exempted 107, 

140, 166, 196, 271, 361, 570, 596, 614, 762,  904 

cities  and  towns  may  regulate  sale  of 129, 

176, 213, 220, 289, 440, 485, 555, 598, 720, 760, 804 

definitions,  stale  bread 763 

twin  or  multiple  loaves 74, 465 

how  labeled  or  marked  for  standard  loaves.     141, 
166, 239, 516, 614, 763, 822, 851 

laws  on - 74, 106, 140, 

156, 166, 192, 196, 213, 239, 271, 360, 465, 495, 538, 
596, 570, 614, 651, 685, 707, 762, 804, 851, 865, 903. 


Page 

Bread,  loaves,  average  weight 74, 

107, 141, 192, 360, 465, 570, 596, 614, 651, 866, 903 

as  often  above  as  below 596 

number  of  loaves  on  which  ascertained— 

five  loaves 903 

six  loaves 360,570 

ten  loaves 903 

twelve  loaves 141,360,570,866 

twenty  loaves 74,  ioe 

twenty-five  loaves 192,465,614,651 

period  at  which  taken,  twelve  hours  after 

baking 74,141 

twin  or  multiple,  each  loaf  to  comply  with 

requirements 106, 192, 570, 59C,  614 

requirements  applicable  to,  when.  74,465,763 

weights,  fixed 74, 

106, 140, 166, 166, 192, 196,  239, 271, 360, 465, 
495, 570, 596, 614, 651, 707, 762, 804, 865, 903. 

of  other  sizes,  how  marked 140, 

196, 271, 360, 495, 570, 707 

unlawful 156,239,762,804 

period  after  baking  at  which  fixed- 
eight  hours 465 

six  hours 106 

twelve  hours 141, 

192, 360, 570,  596, 614, 651, 851, 865 

twenty-four  hours 196,804 

may  be  seized  for  evidence 361 

disposition 351 

offense,  each  day's  violation  to  be  separate.      851 
sale  by  weight,  sizes  of  loaves  not  specified.     213, 

538, 685, 822 

stale,  defined 763 

tolerance,  in  excess  only 74,106 

on  average  of  12  loaves 141 

of  25  loaves 192,614 

on  individual  loaves 74, 106, 

141, 166, 192, 239, 465, 614,  651, 804, 851, 866, 903 

to  be  fixed 239,360,571,614,707,763,851 

variations  in,  as  often  above  as  below 763 

weighing,  upon  request  of  purchaser.  166, 196, 271 

by  manufacturer  or  baker 75 

by  seller 166,685 

weight  to  be  disclosed,  when 538 

Brick,  cities  and  towns  may  regulate  inspec- 
tion and  weighing  of 220 

dimensions 125,482 

sale  of  other  sizes 482 

Brickwork,  method  of  computing 154 

number  of  bricks  to  cubic  foot  in  wall 125 

Brine  or  preserving  fluids,  allowance  for  ab- 
sorption by  butter 722 

weight  or  measure  not  to  be  included 114, 735 

Broccoli,  standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

Bromus  inermus,  weight  per  bushel 935 

Broomcorn  seed,  weight  per  bushel 935 

Buckwheat,  weight  per  bushel 935 

Building  material,   cities  may  provide  for 

measuring  of 441 

Bunch.    See  also  Fruits  and  vegetables. 

sale  by  head  or  bunch _ 211, 

235,236,362,538,570,843 
Bundle,  of  hoops  for  hogsheads,  number  to. .      728 

of  shingles,  number  to 324,522 

Buns.    See  Bread. 

Bureau  of  Standards.    See  National  Bureau 
of  Standards. 


INDEX 


949 


Page 
Bushel.    See  also  Measures   and    Units   of 
weight  and  measure. 

weights  per,  for  various  commodities 932-941 

weight  of  subdivisions .. .      942 

Butter,  barrel  or  half  barrel  for,  how  made— .      784 

number  of  gallons  to -      784 

brine,  allowance  for 722 

cask  or  keg  for,  how  made --      784 

net  and  tare  weights  to  be  marked 619 

how  packed - - -      619 

packages,  cartons,  or  prints,  weight  fixed-..    197, 

212, 272, 469, 478, 496, 557, 822, 865 

of  other  weight,  how  marked..  197, 272, 496,  557 

weight  to  be  exclusive  of  wrapper. 469 

marked...  72, 141, 201, 212,  469, 654, 822, 865, 887 

not  applicable  to  farmer's  product 887 

sale  by  weight. . .  112, 123, 212, 236, 569,  752, 822, 887 

tare  to  be  marked.. 550, 619 

tolerance  on 73,722 

tub  for,  how  branded 550 

weight  to  be  marked 550,722 

See  also  Food. 
Buttermilk.    See  also  Milk  and  cream. 

bottles  for,  sizes  fixed 866 

Butternuts,  weight  per  bushel 933 

Buttons,  measure  for,  equivalent 44 


Cabbage,  barrelfor,  dimensionsforstandard..  339 

of  less  capacity,  how  marked —  339 

basket  for,  capacity  of  standard 156 

of  other  size,  how  marked 156 

weight  per  bushel 835 

California,  laws  of - 94 

Calorimeter,  gas  company  to  supply,  when..  389 

Canary  seed,  weight  per  bushel 935 

Candles,  box  or  package  of,  net  weight  to  be 

marked — 619 

Cane  seed,  weight  per  bushel 933 

Cans,  for  canned  fruit,  dimensions  No.  1  flat..  122 

No.  1  tall - 122 

No.  2  tall - 123 

No.  2V2  tall... 123 

No.  10  tall 123 


picnic. 


122 


for  ice  cream,  how  sealed  or  marked 352 

inspected  semiannually — 353 

not  legal  measure  except  for  ice  cream —  352 

for  milk  and  cream,  annual  inspection  of...  352 

capacity  or  how  marked 152, 

201, 327, 352,  520,  550, 879 

fees  for  sealing - 879 

sealing -  162,327,352,457,520,879 

testing  upon  request 458 

Cantaloupe  melon,  weight  per  bushel 933 

Cantaloupes,  standard  crate  for,  dimensions.  1 19 
Canvas.    See  Textiles. 

Carat,  metric,  establishment  of 16 

equivalent 16,387 

standard  for  diamonds 387 

unit  for  imports  of  diamonds  and  precious 

stones 10 

Carload.    See  Livestock;  and  Scales,  track. 
Carriers  for  fruits  and  vegetables.    See  Crates; 
and  Fruits  and  vegetables. 


Page 

Carrots,  standard  barrel 339 

weight  per  bushel 935 

Cars,  mine,  capacity  to  be  marked 695, 893 

to  be  uniform 695 

weighing  at  standstill 828 

railroad,  railroads  refusing  or  neglecting  to 

weigh 266 

regulations  for  weighing  may  be  made...     417, 
622,  766, 825, 872 

weighing  before  and  after  loading _  284, 829 

correctly... 915 

separately 188, 266, 284, 492, 635, 872 

together,  when 188 

upon  request 265,747 

variations  allowed  in  reweighing 635, 827 

Carton.    See  Food;  and  Net  weight. 

Casks,  fees  for  gauging 720 

for  breadstufis,  dimensions 158 

how  made 158 

weight  of  contents 158 

unlawful  to  use  other.. 158 

for  butter,  how  made 784 

gauging  by  Gunter's  method 720 

Castor  oil,  weight  per  gallon 276, 557 

Cement,  weight  per  bushel 935 

barrel,  net  weight  to  be  marked 852 

box  or  package,  net  weight  to  be  marked..      852 

Cental,  number  pounds  to 365 

sale  by 367 

Certificate.  See  also  Evidence;  Sealer  of 
weights  and  measures;  Weighers;  and 
Weighmasters. 

altering  for  weight  of  grain 280 

of  public  weigher,  what  to  contain 560 

of  test,  description 452 

weighraaster's,  contents 420 

form  to  be  prescribed-.. 548 

Chain.    See   also   Surveyor;   and   Units   of 
weight  and  measure, 
for  measuring  United  States  land,  number 

perches  to 44 

Charcoal,  bag  or  basket  for,  capacity 323, 

369,  573, 870 

dimensions 323, 369,  461,  573,  724,  870 

how  filled 369,573,724 

how  marked 369,  573 

may  be  seized,  when 323 

Paper 369,  573 

sealing  of 323,  724 

barrel,  standard  measure  for,  capacity 430 

bushel,  half,  form  and  dimensions 461 

how  heaped 461,724 

number  of  cubic  inches  to 125, 

142, 153, 339, 396,  438,  606,  628 

cord  of,  number  of  bushels  to 323 

delivery  ticket  or  certificate 164, 

165,  211, 260, 369, 482,  525,  572,  751, 821, 845,  901 

delivery  vehicle,  to  bo  marked 165,  718 

sale  by  measure 430 

sale  by  weight 164, 

211, 259, 414, 482,  525,  572,  595,  751, 821, 845,  901 

sale  in  small  quantities 165,369,  573 

how  marked 369 

tolerances  on,  variations  of  scale 572 

wastage 572 


950 


INDEX 


Page 

Charcoal,  ton,  fractional  parts  of 414, 695 

number  of  pounds  to 414,  572,  696,  628 

water  content 845 

weighing,  in  process  of  delivery 164, 370, 483 

weight  per  bushel 935 

Checkweighmaster.    See  also  Weighmaster. 
at  coal  mines,  employment,  powers,  and 

duties 69, 

91,  134,  229,  255,  266,  285,  296,  345,  409,  449, 
473,  564,  602,  625,  638,  695,  789,  816,  828,  884, 
879,  929. 

Cheese;  box  of,  weight  to  be  marked 487 

how  branded 550 

to  be  weighed  at  delivery,  when.. 904 

weight  of  tub  or  other  vessel  to  be  marked.      650 

weight  to  be  exclusive  of  wrapper 469 

Cherries.    See  also  Berries  and  small  fruits. 

basket,  box  or  package  for,  capacities 117, 

168, 319, 363, 428, 478,  514, 866, 902 

dimensions 118 

may  be  seized 614 

not  required  to  be  sealed 514 

not  to  be  refilled 428 

other  sizes,  how  marked 866 

sale,  by  dry  measure 258,337,428,866 

by  weight,  when 866,903 

weight  per  bushel.. 935 

Chestnuts,  weight  per  bushel 936 

Chops,  bag  or  sack,  weight  of 302 

net  weight  to  be  marked 305 

Chufas,  weight  per  bushel.. 933 

Cigarettes,  number  in  packages 765 

Cisterns,  standard  barrel  for  measuring 79 

Cities  and  towns: 
powers  of,  as  to — 

bread,  regulating  weight  and  sale 129, 

176, 213, 220, 289, 440, 485, 555, 598, 720, 760, 804 

brick,  weighing  or  measuring 220, 563 

coal,  coke,  fuel,  or  hay,  etc.,  weighing  or 

measuring 160, 

181, 186, 198, 220, 239, 264, 277,  289,  304,  368, 
401,432,440,441,463,484,  485,  517,  563,  598, 
616, 633,  680, 760,  850, 892, 926. 

commodities,  weighing  or  measuring 129, 

176,  180,  186,  197,  263,  277,  304,  432,  440,  441, 
463,  484,  485,  486,  517,  555,  582,  616,  633,  679, 
680, 760, 824, 850, 870, 892, 926. 

liquors,  gauging 176 

lumber  or  timber 129, 

180, 220, 375, 440, 441, 463, 563,  598, 836 

mechanical  work,  measuring.. 129,440 

meters,  water,  gas,  or  electric,  inspecting 

and  testing 310, 414, 432, 551, 582, 616, 680 

public  scales 52, 129, 198, 220,  289, 290, 298, 

414, 415, 463, 563, 576, 598, 736, 760, 836, 925, 926 

vendors 129, 

220, 299, 378, 401, 440, 457, 606, 616, 698, 760 
weights  and  measures,  appointment  of 

officials  of. 64,261, 

289,  275, 355, 463, 480, 613, 711, 719, 720, 884 

regulating  and  inspecting '. 52, 

129, 183, 197, 198, 220, 239,  275,  289,  298,  304, 

401,440,480,485,486,506,  517,  563,  598,  616, 

679, 680, 760, 824, 870. 

weighers,  or  measurers,  appointment  of..     147, 

289,  304,  318,  365,  368,  372,  374,  375,  432,  440, 

517, 582, 714, 721, 722, 741, 804, 836, 925. 


Page 
Citrus  fruit,  misbranding  as  to  weight  or  size.  177 
Civil  service,  appointment  from  list,  when.  864, 897 

sealer  included  in,  when 359, 529, 884 

Clams,  barrel  for,  capacity.. 176 

quantity  to  be  marked  on  package. 738 

standard  measure  for,  dimensions  and  how 

filled.... 176 

Clam  bait,  barrel  for: 

capacity 

dimensions 

Clapboards,  dimensions 

Clark's  cell,  equivalent  of  volt  with  reference- 
Clover  seed,  weight  per  bushel 

Coal.    See   also   Scales;  Cities    and    towns, 
powers  of. 

bag  or  sack,  capacity 369, 

how  filled 369, 

minimum  weight 

paper,  dimensions 369, 

weight 369,496, 

weight  to  be  marked 324, 369, 573, 717, 

barrel,  number  pounds  to 

standard,  capacity 

box,  basket  or  measure  for,  capacity  and 

dimensions 

how  marked 369,  573, 

minimum  weight 

number  pounds  to 430, 

bushel,  at  mines 

number  of  cubic  inches  to 303, 

weight  per,  of  anthracite 685, 

bituminous 

cannel 

mineral 

stone 

cities  and  towns  may  regulate  weighing  or 


362 
333 
325 
9 
936 


573 
573 
717 
573 
573 
866 
430 
303 

605 
717 
717 
717 
267 
605 
936 
9.36 


186,  220,  239,  264,  277,  304,  368,  432,  440, 
485,  517,  563,  598,  633,  680,  760,  8S0,  892. 

sale  of  condemned  or  unfit 

containing  foreign  matter 371. 

by  gross  weight 39, 157, 339, 645, 685, 715, 

mandatory 39,157. 

by  fractional  parts 157, 414, 595, 645, 

by  measure,  when 

by  weight 

142,  164,  211,  236,  259,  276,  323,  368,  414, 
482,  515,  525,  572,  595,  605,  645,  717,  751, 
845,901. 

delivery  ticket  or  certificate 

70,  126,  142,  164,  211,  260,  369,  439,  482, 
515,  525,  558,  572,  686,  717,  751,  821,  835, 
901,  925. 

delivery  wagon  or  vehicle,  marking 165, 

may  be  stopped  for  test 

63,  65,  136,  150,  165,  208,  234,  260,  317, 
479,  512,  567,  573,  668,  670,  733, 757, 796, 
831,  842,  863,  883,  897,  923. 

may  be  condemned  and  seized,  when 

small  quantities 

143, 165, 211,  482, 515, 717, 821, 845, 
tolerance   or    allowance    for    foreign  sub- 
stance in  anthracite 

for  scale  variations 572,  685,  826, 

for  shrinkage  or  wastage 572, 635, 

for  water  content 

weighing  on  otherjthan.track  scales 


160, 
463, 

371 
,519 
868 
339 
685 
605 
70, 
439, 
821, 

39, 
496, 
845, 

718 
50, 
454, 
819, 

371 

70, 

,901 

519 
925 
925 
845 
635 


INDEX 


951 


Page 
Coal— Continued. 

ton,  anthracite,  gross 685 

gross 39, 157, 339,  046, 685, 715, 868 

mandatory  use  of 39,157,339 

in  solid,  number  of  cubic  feet  to 128 

number  of  bushels  to 461 

number  of  pounds  to —     111, 

116,  164,  200,  248,  304,  323,  339,  368,  414, 
430,  461,  463,  496,  565,  572,  595,  605,  628, 
646,  685,  715,  717,  868. 

at  mines 58, 134, 267, 346,  696 

weighing,  before  delivery. 39 

carload 83, 265, 266, 284,  635, 636,  645, 826, 829 

regulations  for,  may  be  made 417 

purchaser  may  request 687,844 

when  purchased .  439,715,737,925 

weight,  bills  of  lading  for  carload  to  show..    265, 

573,  635,  827 

false  or  fraudulent 157, 248, 455,  558,  687 

weight  per  bushel,  anthracite G85, 936 

bituminous 936 

cannel 936 

mineral 936 

not  defined . 936 

stone 936 

Cob,  number  pounds  in  bushel  of  field  corn..      751 

Cod-liver  oil,  weight  per  gallon 276,557 

Coins,  annual  examination  and  test  of 40 

foreign,  how  expressed  in  certain  reports...       42 

gold,  deviation  from  standard 40 

standard  weights  of 40 

tolerated  loss 41 

minor,  deviation  from  standard 41 

standard  weights  of 41 

silver,  deviation  from  standard 41 

standard  weights  of 40, 41 

uniformity  in,  securing 40 

weight  and  fineness,  test  for 39 

Coke,  bags  or  baskets  for,  capacity 369, 573 

how  filled 369, 573 

how  marked.. 369,  573,  717 

minimum  weight 717 

net  weight  to  be  marked 324 

paper,  dimensions.. 369,573 

bushel,  number  of  cubic  inches  to 437, 605, 628 

weight  per - 936 

delivery  ticket  or  certificate 126, 

164,  211,  260,  369,  482,  515,  525,  572,  717,  751, 
821,845,901. 

delivery  vehicle,  to  be  marked 165, 718 

gauger  for - 302 

measure  for,  capacity 605 

dimensions 605 

sale  by  weight 164, 211,  236, 259, 

323,  368,  482,  515,  525,  572,  717,  751,  821,  901 

In  small  quantities.... —  165, 369, 573, 717 

how  marked 369,573,717 

struck  measure 673 

tolerance  on,  for  variations  in  scales 572 

for  wastage 672 

ton,  number  of  pounds  to....  248,  323,  572,  618,  717 

water  content  allowed.. 845 

weighing,  facilities,  dealers  to  have  proper.      718 

in  processor  delivery 165,370,483,573 

on  publicscales 737 

weight  per  bushel 936 

Colleges,    agricultural,    standards  furnished 

under  resolution  of  Congress 6 

replacing  lost 7 


Page 
Colorado,  laws  of. 125 

Commodities.  See  also  Food;  Fruits  and 
vegetables;  Net  weight;  Measures;  and 
Produce  and  farm  products. 

dry,  defined 75, 

196,  211, 220, 477, 496,  538,  557,  645,  672 
how  sold  (having  particular  reference  to 

sale  by  the  bushel) 47, 

110,  111,  125,  156,  158,  175,  179,  191,  195, 
215, 234,  236,  258,  259,  269,  271,  318,  396,  413, 
429, 437,  461,  476,  495,  513,  569,  578,  594, 596, 
604,  605,  627,  673,  715,  726,  731,  732,  750, 
779,  798, 833, 843, 888,  890, 899,  924. 

liquid,  how  sold 196, 

211,  271, 478, 496,  672,  822,  843 

may  be  seized  for  evidence _._ 52, 

68, 139, 210,  234,  480,  513,  778,  796, 820,  843, 865 

metallic,  misrepresenting  weight  of. 656 

sale  and  delivery,  evidence  of  quantity 197, 

272,  456,  497,  568,  635,  735 
tolerances  on,  in  containers  or  packages, 

maybe  fixed _ 73, 

96, 197,  212, 263, 272,  366, 456,  497,  515,  615,  647, 
674,  706,  779,  783,  785,  792,  839,  845,  886. 

various,  may  be  fixed 73, 

414,  534,  779,  783,  792,  925 

weights  per  bushel  of  various. 942 

when  sold  by  weight,  net  weight  is  meant. .    214, 
823, 848,  867,  901 
Congress,  constitutional  powers  of,  to  coin 

money ._         5 

standards  furnished  under  resolution  of 6 

to  fix  standard  of  weights  and  measures 5 

Connecticut,  laws  of... 135 

Constitutional  provisions,  creation  or  con- 
tinuance of  State  office,  prohibited 47 

Federal,  power  to  fix  standards  of  weight 

and  measure 5 

inspection  and  measuring  of  merchandise.  94,  667 

saving  clause 171,236,483,538,605 

Contracts,  agreement  of  shipper  and  carrier 

on  weights 823 

how  construed 47, 

111,  173,  175,  196,  215,  271,  366,  396,  429,  455, 
461,  477,  496,  571,  595,  603,  645,  749,  800,  924. 
how   construed   as   to,  bushel  of  lime  or 

ashes 834 

net  weight 214,752,823,848,890,901 

ton 833 

underlap  for  roofing  slate 835 

metric  system  to  be  used  in 697 

not  in  valid ,  by  use  of  metric  system 109, 

386, 702,  782 
not  void,  unless  injury  by  use  of  unsealed 

weights  and  measures 633 

sale  of  cotton  by  net  weight 619 

void,  by  use  of  false  weights  and  measures..     459 

in  sale  bread  contrary  to  law 685 

Cord  of: 

any  commodity,  dimensions 799 

number  cubic  feet  to 799 

bark,  dimensions 322,692,834,844 

how  measured  or  stowed 603,692,834 

number  cubic  feet  to 322,603,692,844 

number  pounds  to 179,685,899 

charcoal,  number  bushels  to 323 

wood,  dimensions 181, 

196, 322, 374, 413, 518, 687, 692, 724, 834, 844 


952 


INDEX 


Cord  of— Continued.  Page 

wood,  how  measured  or  packed-- 323, 

374, 518, 603, 692, 724, 834 
must  be  measured  before  sale  or  delivery.      39, 

322, 323 

number  cubic  feet  to.  39,169,196,217,322,374, 

413, 414, 496, 516, 595, 603, 646, 692, 724, 844, 867 

when  in  conveyance 695 

when  longer  than  8  inches 169 

when  16  inches  or  less  and  loose  in  box  or 

container. - 867 

sale  by  cord  or  fractional  part 217, 515, 867 

sawed  or  split,  number  cubic  feet  to  when 

loose  in  conveyance 413,414,595 

number  cubic  feet  to,  when  ranked 413, 

414,  595 

sale  by,  when 71 

Corn,  bags  of,  weight  fixed -       54 

cracked,  weight  per  bushel 936 

field,  number  pounds  of  cob  to  bushel 751 

green,  with  shucks,  number  bushels  to  bar- 
rel  _ - --  48,731,780 

in  the  ear,  weight  per  bushel 936 

matured,  with  shucks,  number  of  bushels 

to  barrel — - 731,780 

on  cob,  number  pounds  to  barrel 339 

pop  corn,  weight  per  bushel 936 

rice  corn,  weight  per  bushel -      936 

shelled,  weight  per  bushel 936 

weight  per  barrel -      339 

sweet,  weight  per  bushel 936 

weighing,  railroad  scales  for 83 

weight  per  bushel  of. 936 

Cornmeal: 

bag  or  sack,  capacity  fixed 732 

gross  weight  to  be  marked 184, 628, 785 

how  marked 184,732,781 

bow  packed  for  exportation 158 

may  be  sized,  when 629 

tolerances.. - --- 184 

weight  of.... ....53,184,195, 

216, 269, 288, 477, 495, 585, 628, 732, 781,  785, 851 

weights  to  be  marked 183, 288, 586, 628, 851 

barrel  or  cask- 
dimensions 158 

subdivisions  of. 53, 158, 184, 269, 784 

tolerance  on 184 

weight  of  fixed -  53,158,184,269,784 

weight  to  be  marked 53, 158, 184, 431, 784 

hogshead,  dimensions  and  how  made 158 

weight  of  contents.. 158 

weight  per  bushel — 937 

Cotton.    See  Textiles. 
Cotton  duck.    See  Textiles. 

Cottonseed,  ton  of,  number  pounds  to _      799 

weight  per  bushel 937 

Cottonseed  hulls,  bag,  weight  of 54 

weight  to  be  marked 185 

Cottonseed  meal,  bag  or  package,  weight  of..      269 

weight  to  be  marked. 84,431,690 

barrel,  weight  to  be  marked 84,431 

Coulomb.    See  Electricity,  units  of. 

Cowpeas,  weight  per  bushel 933 

Crackers.    See  Bread. 
Cranberries: 

barrel,  dimensions.. - 20, 

167, 214, 364, 403, 525, 648, 847, 902 

how  marked 364 

of  less  capacity 403 


Cranberries— Continued.  Page 

barrel,  of  other  form 902 

rules  and  regulations  for 21 

subdivisions... 21, 167,  214, 403,  648 

tolerances  on.. 22-26,404 

boxes,  sizes  fixed 364,478,525,648,866 

other  sizes 364,866 

cartons  or  packages,  capacities 365,648 

how  marked. 365,648 

containers  or  packages,  how  marked 867 

number  of  cubic  inches  to 867 

crate,  capacity 364,902 

dimensions 364,525 

subdivision 364 

measure,  how  heaped 525 

struck 902 

sale  by  dry  measure 258, 337, 648, 866, 868 

by  weight 866,868 

weight  per  bushel 937 

wholesale,  how  marked 867 

Crates,  for.    See  also  Box. 

apples,  capacity 902 

blueberries,  bushel,  capacity 902 

cantaloupes,  dimensions 119 

cherries,  dimensions 118 

commodities,  deviation  from  tolerance 534 

cranberries,  capacity 364,902 

dimensions 364,525 

subdivisions  allowed 364 

fruits  and  vegetables,  carrier,  standard 167 

flat 167 

four-basket  and  six-basket,  capacity 167,805 

dimensions. 805 

unlawful  to  use  other 802 

how  marked 119,540 

standard,  capacity... 902 

dimensions 119 

lettuce,  dimensions.. 119 

number  of  heads  to  be  marked 120 

tolerance  on  contents ._ 120 

onions,  capacity 805 

dimensions.. 168,805 

oranges,  dimensions... 173 

other  sizes  prohibited 173,175 

peaches,  capacity 902 

pineapples,  capacity. 44 

plums,  capacity 902 

standard,  can  not  be  used  as  dry  measure..      169 

dimensions 119 

for  tomatoes,  dimensions 174 

other  size  prohibited 174 

not  applicable  to  local  shipments.. 175 

Crops,  growing,  weighing  at  or  before  de- 
livery  905 

Cubic  yard,  weight  per,  of  gravel 799 

of  sand 799 

Cucumbers,  weight  per  bushel 937 

Cuerda,  equivalent  in  square  meters. 702 

Culm,  weight  per  bushel 933 

Cup.    See  also  Berries  and  small  fruits;  and 
Fruits  and  vegetables. 

standard  for  fruits  and  vegetables 1 56 

Currants.    See  also  Berries  and  small  fruits. 

baskets,  boxes  or  containers,  capacities 319, 

338, 363, 428, 478, 514, 866, 902 

other  sizes  to  be  marked.. 866 

illegal  may  be  confiscated 902 

may  be  seized 514 

not  required  to  be  sealed 514 


INDEX 


953 


Page 
C  urrants — C  ontinued 

sale  by,  dry  measure 236, 

258, 319, 337, 363, 428, 478, 514, 866, 902 

level  measure 319,363 

weight,  when 236,866,903 

weight  per  bushel 937 

Customhouses,    semiyearly    comparison    of 
weights  and  measures  at 42 

D 

Dandelions,  weight  per  bushel 937 

Decimal  hundred,  articles  sold  by 317 

hoops  and  staves  counted  and  sold  by 523 

Delaware,  laws  of. -  149 

Diamonds,  carat  unit  for  weighing _..  16,387 

troy  pound  unit  for  precious  stones 70 

Director,    National    Bureau    of   Standards. 

See  National  Bureau  of  Standards. 

District  of  Columbia,  laws  of 1 62 

Doyle's  and  Scribner's  rule  for  measurement 
of  logs  and  timber.    See  also  Logs. 

established 310,430,891 

unlawful  to  use  other 310 

Doyle's  rule,  for  measuring  logs 80, 90, 178, 430 

for  measuring  square  timber..- 430 

unlawful  to  use  other _ -  178 

Doyle's  stick,  standard  for  measuring  of  logs.  80 
Dram.     See  Units  of  weight  and  measure. 
Drugs,  packages,  deceptive  as  to  size  or  shape, 

prohibited 596 

rules  and  regulations  as  to  size,  weight,  or 

shape,  may  be  made.. 596 

sale  by  apothecaries  pound,  when 70 

sale  by  avoirdupois  pound,  when 70 

Drum  for  grapes,  dimensions  and  capacity...  119 

E 

Eggs,  grade,  purchaser  to  be  notified  of 654,825 

guaranty,  effect  of 825 

how  graded  or  marked 654 

invoice  to  retailers  to  show  size  or  weight. .      115 
standards  of  weight  or  size  to  be  fixed —  115,825 

weight  per  dozen  of  various  sizes  fixed 48, 

53, 654, 825 
Electricity,  specifications  for  application  of 

volt  and  ampere  to  be  published 10 

units  of,  ampere,  coulomb,  farad,  henry, 

joule,  ohm,  volt,  and  watt 9 

national,  recognized  by  States.. 196, 268, 476,  708 

Emmer,  weight  per  bushel 937 

Evaporation,  unavoidable lit 

Kvidence,   articles,   improperly   marked   or 

branded 505,620,928 

automatic  pumps,  breaking  seal  on 804 

may  be  seized  for 764 

sale  or  delivery  of  short  measure. 647 

babcocktest,  tobe._ 789 

payment  is  of  test 202 

bill  of  lumber  inspector  to  be 918 

bread,  may  be  seized  for 361 

certificate  to  bo,  for  agricultural  products.  504, 91 1 

for  timber  measurement 746 

of  quantity  of  grain 284 

of  oyster  inspector 307 

of  sealer 534,575 

of  weighmaster 198, 

199,  266,  415,  419,420,425,  466,  470,  491,  548, 
697,  687,  802,  850. 
commodities,  package  of,  may  be  sclzod  for.      52, 
68, 139,  210,  234,  480,  513,  778, 796, 820, 843, 865 


Page 
Evidence,  commodities,  evidence  of  quantity.    197, 

272,  456, 497, 636 
sale  and  delivery,  of  short  quantity.  197,  568,  735 
Federal  Government,  orders  issued  by,  to 

be 544 

meter,  proof  of  use  of  false 467 

paint,  possession  of  improperly  labeled  to 

be 487,  620,  683,  771 

previous  violations  admitted  as _.      707 

seal,  evidence  of  test 101,275,630 

State,    determinations   or   findings   of   to 

be 250,626,912 

surveyor  not  to  give,  unless  chain  is  stand- 
ard  575,  612 

weights  and  measures,  may  be  seized  or  re- 
tained for 52, 

68,  139,  150,  210,  234,  316,  359,  395,  412,  457, 
480,  512,  513,  591,  593,  642,  668,  670,  704,  778, 
820,  831,  843,  865",  886. 

possession  of  altered,  is 647,  733 

of  false  or  illegal  is 68, 

105, 130,  354,  359, 478,  534,  568,  647,  801 
removal  of  tag  "condemned  for  repairs," 

is 479 

standards  of,  to  be... 101,275,774 

certificate  of,  admitted  as 534, 535 

F 

False  bottoms  in  containers,  prohibited 115,  735 

False  weights  and  measures.  See  also  Fees 
and  compensations;  Scales;  Sealer  of 
weights  and  measures;  Testing  weights 
and  measures;  Weights  and  measures  and 
weighing  and  measuring  devices. 

accounts  based  on 179,262,354,533 

advertising,    as   to   quantity,    quality   or 

source. 248 

brands  or  marks. 729,  784 

denned 111,200,463 

disposing  of,  contrary  to  law 67, 

104, 105, 395, 411,  535,  782,  823 

giving,  using  or  retaining... 44, 

51,  56,  60,67,81,  85,  104,  111,  139,  164,  174,  179, 
186,  192,  197,  200,  218,  225,  234,  237,  248,  262, 
272,  314,  317,  354,  359,  366,  395,  400,  411,  427, 
430,  455,  459,  463,  464,  478,  487,  497,  505,  513, 
533,  559,  568,  589,  592,  597,  612,  615,  632,  646, 
671,  699,  705,  714,  760,  782,  783,  800,  801,  823, 
832,  848,  856,  864,  865,  870,  890,  906,  925,  927 

at  mills 44, 128 

keeping  or  using  for  weighing  gold  or  gold 

dust 128 

ore. 128,200,438 

marking  of  tare 60,111, 158, 

200,  427, 463,  559,  576,  598,  617,  633,  706,  761,  855 

marking  or  stamping  on  containers  by 111, 

158, 197,  264,  409, 427,  559,  576,  673,  761 

packing  or  selling  by 75, 

81,  111,  116,  249,  294,  375,  462,  558,  575,  600, 
631,  689,  709,  761,  927. 
procedure  in  and  disposition  of,  may  be 

condemned  or  seized,  when 63, 

65,  68,  104,  136,  138,  150,  163,  190,  194,  208, 
234,  262,  274,  316,  336,  353,  358,  395,  411,  479, 
497,  535,  559,  568,  575,  591,  592,  597,  610,  642, 
644,  668,  670,  704,  713,  733,  757,  760,  777,  782, 
796,  819,  833,  842,  864,  884,  898,  923. 


954 


INDEX 


False  weights  and  measures— Continued.         Page 
procedure  in  and  disposition  of,  may  be 

destroyed,  when 63, 

65,  104,  136,  140,  150,  163,  208,  210,  411,  456, 
479,  497,  510,  533,  559,  568,  576,  581,  598,  632, 
670,  699,  734,  760,  777,  796,  819,  842,  864,  884, 
898,923. 
protection  against,  State  to  name  informa-' 

tion 531 

weigher,  using 367 

Farad.    See  Electricity,  units  of. 

Federal  laws ... 5 

Feed,  gross  weight  of  bag.. 628 

chopped,  sale  by  weight 236 

made  from  cereals,  weight  per  sack 269 

sale  by  weight 649 

weight  per  bushel 933 

Feeding  stuffs,  bags  or  package,  weights  of, 

fixed 56,  83, 

188,  255,  209,  290,  590,  747,  765,  787, 815, 860 

scales  for  weighing,  annual  test 80 

weight  to  be  marked... 56, 

83, 123, 145, 159, 177,  ,188,  220,  254,  278,  290,  310, 
330,  344,  368,  406,  426,  431,  447,  488,  523,  552, 
577,  590,  600,  623,  634,  656,  694,  709,  728,  747, 
765,  785,  787,  815,  825,  838,  860,  871,  892,  917, 
928. 
Feeds.    See  Feeding  stufls. 
Fees  and  compensations  of  or  for.    See  also 
False    weights    and    measures;    Scales; 
Sealer  of  weights  and  measures;  Testing 
weights  and  measures;  and  Weights  and 
measures  and  weighing  and  measuring 
devices. 

Babcock  glassware 387,492,788,858 

leather  measuring  devices 359 

meters,  electric,  gas  or  water 69, 

133, 160, 204, 226, 250, 389, 448, 472, 506, 611, 622 

milk  bottles... 359 

milk  cans 879 

National  Bureau  of  Standards. 6 

public  weighers 89,146, 

183, 277, 415, 466, 482,  561, 632, 737, 741, 762, 925 

pumps,  automatic 191,359,481,716 

surveyor's  apparatus 378,581 

thermometers,  clinical. 350 

taximeters — 359 

track  scales,  testing  of 61, 

66, 191, 262, 282, 322, 470, 555, 592, 767, 872 

hour  rate  for  repairing.. 767 

to  be  fixed 445,874 

weighing  by,  to  be  fixed 418,445,874 

wagon  scale 469 

weighers,  measurers  or  gaugers  of,  at  ware- 
houses  420 

casks _ 720 

coal 303 

cotton- 85, 87, 183, 185, 588, 741, 742, 786, 921 

fish 362, 730 

grain 281, 284, 367, 726, 876 

hay  and  straw 283 

hoops I 728 

livestock 365,419,722 

logs 91,920 

lumber  and  timber 91,747,920 

oysters 307,308,433 


Fees  and  compensations  of  or  for—  Contd.      Pago 
weighers,  measurers  or  gaugers  of,  produce.      744 

salt 726 

tobacco 786 

tomatoes 420 

wood  or  bark 374,518,724 

weights  and  measures  and  weighing  and 

measuring  devices 61, 

66,  80, 150, 180, 191,  217,  262, 274, 301, 322, 359, 
481,  555,  581,  592,  593,  613, 630,  697,  698,  712, 
716,  831. 
charges  for  special  service  in  connection 

with,  may  be  made 217, 

301, 337, 359, 412, 481, 713, 831 

lien  on  apparatus.. 481 

may  be  fixed 126,481,503,797,831 

none  charged.. 51,  137,  149,  194,  318, 

393, 412, 481, 568, 574,  776, 820, 841, 884, 885, 897 
rate  per  hour  for  repairs  or  special  service  592, 767 

standards,  charge  for  testing. 79,712 

State  charges  not  to  exceed  National  Bu- 
reau of  Standards 627 

Fence,  standard  gauge  for  wire  fence 401 

Fertilizer,    bags    or    packages    of,    weights 

fixed 311,738,815 

fish,  barrel  for,  number  of  gallons  to 728 

weights  to  be  marked 56, 

81, 145, 178, 187,  226,  311,  331,  344,  372, 405, 426, 
489,  524,  551,  577,  589,  600,  623,  634,  656,  694, 
728,  738,  787,  815,  838,  857,  871,  892,  917. 

Feterita,  weight  per  bushel 933 

Firkin,  for  butter,  weight  to  be  marked 550,619 

how  branded.- 550 

Fish: 
barrels  and  half-barrels  of,  amount  of  salt 

used 618 

capacity 145, 333, 729, 854 

half-barrel 145,579,618,729 

howmade 145,618,729,854 

weight 144, 332, 618, 729, 731, 780 

fraudulently  altering  contents  of  cask 145 

mackerel,    number    to    barrel,    various 

qualities.. 729 

manure,  number  of  gallons  to  barrel 728 

menhaden,   standard   measure   for   estab- 
lished  589 

mullet,  packages,  how  marked 589 

pickeled,  number  pounds  to  barrel  or  half- 
barrel 729 

menhaden  and  herring,  capacity 729 

how  made 729 

quintal,  number  of  pounds  to 362 

sale,  by  weight 72,169,588 

by  weight,  wholesale 362 

how  sold 236 

scraps,  capacity  per  thousand  fish  estab- 
lished       589 

shad,  number  to  barrel 144 

weight  of  barrel  or  half-barrel 144 

weighers  of,  for  salt  water  fish 376 

weighing  upon  demand 362 

Flaxseed,  weight  per  bushel 937 

Flaxseed  oil,  weight  of  empty  barrel  to  be 

marked 618 

weight  per  gallon 618 

Florida,  laws  of 173 


INDEX 


955 


Flour:  Page 

bale.. — 646 

barrel,  containing  200  pounds 798 

dimension 172,  617, 784, 854 

subdivisions — 

how  marked 398, 586, 617, 628 

weight  of __ 158, 

172, 184, 195,  216,  259,  269,  302,  305,  398,  414, 
429,  438,  477,  495,  586,  595,  628,  648,  649,  744, 
751,  784,  798,  851,  854,  890. 

to  be  marked 173, 785 

weight  to  be  marked 73,81, 

158, 173, 183, 184,  269,  305,  398, 431,  438,  441, 
477,  586,  617,  628, 784, 844,  851. 

tare  to  be  marked. _ 617 

weight  of 48, 

142, 168, 172, 184, 195,  216,  248,  251,  259,  269, 
302, 305,  319,  339,  366,  398,  414,  429, 438, 477, 
495, 586, 595,  617,  628,  648,  715,  731,  744,  751, 
780, 784, 798,  844,  854, 890,  902. 

weight  to  be  marked 73, 81, 

158, 173, 184,  305,  398,  431,  438, 441,  586,  617, 
628, 784, 844. 

forfeiture  for  short  weight. 431,629 

tolerances  on 73,184,785 

graham,  weight  of  sack 477 

rye,  weight  of  barrel 158,269 

weight  to  be  marked 158 

weight  of  sack 269,477 

rye  graham,  weight  of  sack 477 

whole  wheat,  weight  of  sack 477 

Food: 
brine,  or  preservative  fluid,  weight  or  meas- 
ure, not  to  be  included 114, 735 

guaranty  on,  effect  of 114,  571,  825,  839 

net  weight  or  quantity  to  stated,  manda- 
tory marking... - --      16, 

52,  113,  143,  153,  169,  177,  187,  192,  211,  220, 
234,  263,  304,  331,  342,  366,  405,  416,  441,  455, 
486,  496,  515,  518,  544,  571,  584,  596,  647,  674, 
701,  705,  719,  734,  765,  786,  821,  824,  839,  845, 
850,  870,  886,  908,  928. 

permissive  marking 75, 82, 

130,  201, 251, 278, 294, 431,  464,  505,  617,  634,  804 
packages,  deceptive  as  to  size  or  shape,  pro- 
hibited  - -      596 

regulations  as  to  size,  weight,  or  shape  may 

be  made - 596 

regulations  for  marking  net  quantity 17, 

113,  545,  734 

shrinkage - 114 

slack  filling  of 52,486,596 

tolerances,  or  exemptions  as  to  small  pack- 
ages to  be  made 16, 

114,  143,  169,  177,  187,  192,  220,  305,  331,  342, 
416,  441,  518,  544,  545,  584,  701,  719,  735,  765, 
786,  821,  824,  839,  850,  870,  908,  928. 

none  below  stated  weight 114 

Foot.    See  Units  of  weight  and  measure. 
Freestone,  surveyor  of,  may  be  appointed ...      372 
Freight,  carload,  minimum  weight  for  mixed 

stock  fixed 442 

certificate  of  weight,  payment  made  when 
received -       83 


Page 

Freight,  scales  for  weighing,  test  of 915 

weighing,  apparatus  for,  subject  to  rules 

and  regulations 151 

by  railroads 915 

providing  for 507 

regulations  for 490, 872 

weight  of,  disputes  as  to,  how  determined..      250 

Fruit,  canned,  standard  sizes  of  cans 122 

dried,  net  weight  to  be  marked 74 

fraudulently  packing 81 

Fruits  or  vegetables.     See  aUo  Barrels;  Ber- 
ries and  small  fruits;  Box;  Produce  and 
farm  products;  and  specific  commodity 
in  question, 
bag  or  sack  for,  deduction  for  weight,  when.     203 

barrel  for,  capacity 20, 

156, 167, 214, 270, 403,  751,  847, 888, 890,  902 

dimensions 20, 

167,  214, 339, 403,  604,  751,  847,  888, 889,  902 

how  marked 604 

other  capacity,  how  marked 156, 339 

other  form 20, 167, 214,  403,  751, 847, 888, 902 

of  less  capacity,  how  marked 339 

prohibited 403 

subdivisions 20, 167,214  403 

tolerances  on 22,404 

basket  for — 

capacity. 156, 338, 526, 538,  606, 805,  902 

how  filled.. 338,397,608 

how  marked 156, 527,  540 

must  contain  quantity  represented 397 

other  form  permitted 609 

other  size,  how  marked.. 339, 903 

prohibited 271, 608 

tolerance  on 806 

may  be  fixed 245,609 

weight  to  be  marked -     397 

basket  for,  climax,  capacity  and  dimen- 
sions  30, 167,  244, 259,  270,  402,  541,  606 

how  filled - 608 

how  marked.... 259,  541 

not  conforming  to  provisions 542 

other  form  permitted 609 

other  capacity  prohibited 608 

rules  and  regulations 32 

may  be  established 271, 542 

test  of — - 542 

tolerances  on -       32 

may  be  fixed 271,542,609 

basket  for,  round  stave  and  splint,  capacity.     168, 
241, 242, 607, 608 

dimensions... 168,241,242,608 

how  filled 246,608 

other  form  permitted 609 

other  size  prohibited 246, 608 

tolerances  on 806 

may  be  fixed.. 245,609 

box  or  container  for,  capacity 168, 

196, 338, 363, 518, 526, 902 

dimensions 118,168,363,518,715,902 

half  box -  338,363,715 

how  filled.- --  338,363 


956 


INDEX 


Fruits  or  vegetables— Continued.  Page 

box  or  container,  how  marked...  363, 518, 527, 715 

lug,  capacity  and  dimensions 118, 119, 168 

must  contain  quantity  represented 397 

other  size,  how  marked 196,338,496,903 

tolerance  on,__ 119,806 

may  be  fixed. 245 

carriers  for,  dimensions 119 

flat 167 

four-basket  and  six-basket  capacity 167,805 

capacity  and  dimensions 805 

unlawful  to  use  other 802 

how  marked _ 119,540 

standard,  capacity 902 

dry  measure,  use  prohibited.  169, 235, 538, 645, 779 
false  bottom  prohibited  in  basket,  box  or 

container. 114,735 

hampers  for  bananas 247 

beans,  capacity 806 

net  weight 806 

fruits  and  vegetables,  capacity.  156, 168, 240, 606 

dimensions.. 240,606 

how  filled... 246,608 

other  form  permitted 609 

other  size,  prohibited  _ 246, 608 

may  be  seized  and  destroyed,  when..      246 
may  be  shipped  to  another  State  or 

foreign  country,  when 246 

to  be  marked 156 

struck  measure _  246,608 

testing - 609 

tolerance  on,  may  be  prescribed 245,609 

sale  by  head  or  bunch _ 169, 

211, 235, 236, 362, 538, 570, 843 

by  weight  only,  of  leaf. 169 

by  weight  or  count,  when 168, 235, 362, 903 

list  of  articles 236 

Fungicide,    packages   to   have   net   weight 
marked.... 331, 523, 694 

G 

Gallon  number  equivalent  to  cubic  foot  per 

second 473 

number  equivalent  to  miner's  inch 473 

number  of  cubic  inches  to,  for  ale  and  beer.       70 
for  maple  syrup 834 

number  to  barrel 48, 

79,  110,  141,  215,  257,  337,  365,  413,  461,  495, 
566,  579,  594,  604,  684,  732,  751,  780,  798,  901. 

number  to  barrel  of  or  for — 

beef  or  pork 745 

butter. 784 

cisterns  (measuring) _ 79 

clam  bait 362 

fish 145,333,729,854 

half  barrel 145, 729 

manure 728 

flour _ 784 

gasoline- 601 

lard -      784 

malt,  fermented 413 

meal ...      784 

oysters,  shucked 814 

petroleum 601, 763 

pitch 854 

proof  spirits 43 

tar — 745,854 

turpentine 180,855 


Page 

Gallon,  number  to  hogshead 365, 560, 594 

standard  proof,  defined 43 

standard  for  internal  revenue 43 

weight  per,  of — 

castor  oil... 276,557 

cod-liver  oil 276, 557 

flaxseed  oil 618 

gasoline .' 276,557 

ice  cream 278, 621 

to  be  promulgated 53 

kerosene 276,557 

lard  oil 276,557,618 

linseed 276,557,618 

maple  sirup 621,834 

menhaden  oil 276,557 

miner's  oil _-_ 276, 557 

molasses,  Louisiana  cane 429 

maple 248 

sorghum 48, 248, 429, 579, 732, 780 

naphtha 276,557 

neat's-foot  oil 557 

olive  oil _ 276,557 

paraffin  oil 276,557 

sperm  oil 276,557 

turpentine 276,  557 

whale  oil 276,557 

Gas,  unit  of  measure  for 389,  621 

Gasoline.    See   also   Pumps,    automatic   or 
measuring. 

number  gallons  to  barrel 601 

sale  by  standard  measure 218 

specific  gravity  to  be  labeled 655 

weight  per  gallon 276, 557 

Gauge  for  sheet  and  plate  iron  and  steel 38 

tolerances  on 39 

Gauger,  for  coal  or  coke;  duties  and  term  of 

office 302,303 

of  oils,  molasses,  liquors,  etc.,  election  of...     745 

Georgia,  laws  of _ 179 

Ginners.     See  Textiles,  cotton. 
Glassware.    See  also  Babcock  or  other  tests 
for  milk  and  cream;  and  Milk  and  cream. 

how  marked 358 

specifications  for  to  be  established 358 

testing  and  sealing 358 

Gold  dust,  keeping  or  using  false  scales  for 

weighing 128,927 

traders  in  to  have  weights  and  measures 

tested 126,  462 

weights  and  measures  may  be  condemned.      462 
Gooseberries.    See  Berries  and  small  fruits. 
Grain.    See  also  Units  of  weight  and  measure. 

bag,  sack,  or  package,  weight  of  fixed 54 

weight  of  may  be  deducted,  when 203, 649 

weight  to  be  marked 54,  81, 173, 305 

bushel  or  half  bushel,  how  leveled 249, 431 

standard  used  for  measuring...  249, 283, 287, 434 

deduction  for  leakage,  shrinkage,  or  loss 223 

dockage,  for  dirt 750 

false  or  fraudulent  practices  concerning 237, 

278,  455,  462, 927 

for  livestock,  statement  of  weight 523 

measure  for 238,249,287,431,781 

quantity,  number  bushels  ascertained  by 

weight _ 340 

sale  by  weight  or  measurement  may  be 
regulated... 444, 745 


INDEX 


957 


Page 
Grain— Continued. 

tester  for,  how  filled _ 904 

to  be  sealed . 904 

tolerance  on -  73, 443 

weighers  or  inspectors  of,  appointment  and 

duties.. 279, 280, 367, 470, 726, 873 

not  to  be  interested  in  products  weighed..     470 

weighing,  at  mills 279 

at  railroad  terminals... 279 

at  transfer  points 224 

at  warehouses 279,  663, 664, 770, 873, 876, 912 

by  railroad  companies _ 223 

cities  may  provide  for 463 

fees  for,  to  be  fixed 469 

license  for.. 265 

rules  and  regulations  for,  may  be  adopted.     224, 

444 

scales,  hopper  to  be  correct 558 

weight,  delivery  ticket  to  show.. 525 

sale  by 276,439,525 

shipper  to  be  furnished,  when 281 

shipper's,  conclusive,  when . 875 

Oram.    See  Metric  system. 

Grape  fruit,  field  box  for,  dimensions 174 

other  size  prohibited 176 

standard  packs  for... 806 

tolerances  on.. 806 

Grapes: 

baskets,  capacities,  how  marked 397,404 

dimensions.. 118 

climax  baskets,  capacities  and  dimensions..     30, 
167, 244, 259, 270, 402, 541, 606, 608 

how  filled.. -. 608 

how  marked... .-  259,541 

other  capacities  prohibited 608 

other  forms  permitted .-      609 

rules  and  regulations.. 32 

may  be  established 271, 542 

stricken  measure  used -      608 

tolerances 32,609 

drum,  standard,  dimensions,  and  capacities.      117 

keg,  standard,  capacity. 119 

package,  standard 117 

dimensions. 118 

weight  per  bushel ---      937 

Grass  seed,  weight  per  bushel 933 

Gravel,  weight  per  cubic  yard 142,216,799 

Grits,  bags  or  sacks,  gross  weight 184, 785 

to  be  marked 785 

net  weight 184,288,851 

to  be  marked 184,288,851 

standard  capacities  and  quantity  to  be 

marked 732 

barrel  and  subdivisions,  weight  of. . .  184,398, 785 

to  be  marked 184,398 

tolerance  allowed 184,785 

Gross  weight.    See  the  specific  commodity 

in  question. 
Guaranty,  effect  of  regarding: 

eggs 825 

food  packages 114,571,825,839 

hampers,  baskets  and  containers  for  fruits 

and  vegetables v 31,246,609 

type  of  weights  and  measures  apparatus...      677 

Guavas,  weight  per  bushel 933 

Ounter,  method  of  gauging  casks 720 

Gypsum,  net  weight  to  be  marked 694 


H 

Hair,  plastering,  weights  per  bushel 938 

Hampers.    See  Fruits  and  vegetables. 

Hawaii,  laws  of 190 

Hawker.    See  Vendors. 
Hay: 

baled,  bailing  material,  deduction  for 688, 725 

gross  weight  to  be  marked 725 

how  marked 252,  332,  572 

tare  weight  to  be  marked 572,725 

tolerance  on 72,  572 

cities  or  towns,  may  regulate  weighing  or 

sale 186,220,463,484 

may  weigh 440 

measuring,  example.. 556 

method  of  or  rule  for 462, 477,  556, 761, 924 

sale,  by  measurement 72 

by  weight 72,  276,  439,  558,  752 

delivery  ticket _ 72,925 

scales,  public,  to  be  provided 736,836,925 

sealed  to  be  used 572 

test  of 80, 116, 712 

tolerances  on  may  be  fixed 925 

ton,  number  cubic  feet  to 556,599,628 

number  pounds  to Ill, 

116, 200, 248,  340, 425,  461, 463,  556,  599,  628 

of  alfalfa,  number  cubic  feet  to 462, 761, 924 

of  blue-joint,  number  cubic  feet  to 462 

of  clover,  number  cubic  feet  to 462,  761,  924 

of  native  blue-joint,  number  cubic  feet  to.      924 
of  rough  slough  grass,  number  cubic  feet 

to.. 462,924 

of  salt  grass,  number  cubic  feet  to 760 

of  timothy,  number  cubic  feet  to...  462,  761,  924 

of  wheat  grass  number  cubic  feet  to 760 

sale  by,  gross,  tare  and  net  weight  to  be 

marked 260 

tolerance  on  for  shrinkage  and  scale  varia- 
tions..  _ 925 

weighers  of,  appointment  and  duties.  326, 368, 423 

impersonating 424 

neglect  of  duty 425 

removal 424 

weighing,  on  public  scales 737,836,925 

rules  and  regulations  for,  to  be  estab- 
lished-  283,423 

weight,  correct,  must  be  given _      397 

falsely  increasing 462,  558,  575,  600,  761,  927 

full,  required 278,463 

reporting  false  or  untrue 455 

to  be  marked 72,116,260,269,600,688 

to  be  net. _.      116 

Heaped  measure.    See  Measures. 

Hemp,  bale  to  be  marked  with  weight 855 

boxes  for,  dimensions 855 

hundredweight,  number  pounds  to 288 

ton,  number  pounds  to 288 

Hempseed,  weight  per  bushel 938 

Henry.    See  Electricity,  units  of. 

Herds  grass,  weight  per  bushel. 938 

Herring,  barrel  for,  capacity  and  dimensions.     333 

box  for,  dimensions 333 

Hickory  nuts,  woight  per  bushel 938 

Hogshead: 

for  tobacco 344 

staves  for 181,325,522,856 


958 


INDEX 


Hogshead— Continued.  Page 

for  tobacco— continued. 

hoops  for,  dimensions — - 326,727 

may  be  condemned 727 

number  to  bundle 325, 727 

number  of  barrels  to..  110, 141, 215, 257, 337, 365, 
413, 461, 495, 566,  694,  604, 684,  761,  798, 901 

number  to  pipe 684 

number  of  gallons  to 366, 660, 594 

of  cornmeal,  dimensions  and  how, made 158 

number  pounds  to 158 

of  salt,  number  bushels  to 318 

Hominy: 

how  sold 236 

net  weight  to  be  marked 288, 586 

standard  packages 288,586 

weight  per  bushel 938 

Hoops.    See  Barrels;  Hogshead;  and  Staves. 
Hops: 

bale  of,  weight 571,869 

how  marked 671 

bag,  for  picking,  deduction  for  weight 650 

bailing  material,  deduction  for 660 

weight  per  yard 571,650,869 

box,  for  picking,  dimensions 904 

standard  dimension 259 

fraud  in  marking 835 

fraudulently  increasing  weight 462, 

558, 575,  761, 927 

inspectors  of,  may  be  appointed 835 

duties 835 

quantity  picked,  how  ascertained.. 650 

tare  allowed 571,650,869 

Horseradish,  weight  per  bushel 938 

Huckleberries.    See  Berries  and  small  fruits. 

Hucksters.    See  Vendors. 

Hundredweight.    See   Ton;    and   Units   of 

weight  and  measure. 
Hungarian  grass  seed,  weight  per  bushel 938 

I 

Ice.    See  also  Wagon. 

overcharging  for 304 

refusing  to  sell 365 

refusing  or  neglecting  to  weigh...  319, 365, 519,  557 

scales,  graduations  required 165 

refusing  or  neglecting  to  provide 365 

test  of 546 

wagons  must  carry 304,  557 

ton,  fractional  parts. 414,595 

number  pounds  to 248, 414,  595 

tongs,  weight  to  be  deducted 546 

weight  to  be  marked.. 546, 867 

weighing,  at  time  of  delivery 150, 545, 846, 867 

purchaser  may  witness 846 

weight,  giving  false 157, 304, 319,  519 

sale  by 71, 165, 236, 414,  545,  595,  645, 846 

to  be  stated 645 

weight  slip,  purchaser  may  request 846 

Ice  cream: 
cans,  molds  or  containers  for,  how  sealed  or 

marked 352 

inspected  semiannually 353 

not  legal  measure,  except  for  ice  cream.     352 

giving  false  or  insufficient  measure 353 

standard  weight  to  be  promulgated 53 

volume,  when  melted 908 

weight  per  gallon 278,621 


Page 

Idaho,  laws>f 193 

Illinois,  laws  of 206 

Imports,  determination  of  weight  or  quan- 
tity of. 42 

of  sugar,  ascertaining  true  quality.. 42 

use  of  foreign  weights  and  measures 42, 44 

India  wheat,  weight  per  bushel 933 

Indiana,  laws  of 230 

Insecticide,  net  weight  to  be  marked 694 

Inspectors  of  weights  and   measures.     See 

Sealer  of  weights  and  measures. 
Institutions.    See  Testing  weights  and  meas- 
ures. 
International  Bureau  of  Weights  and  Meas- 
ures: 

custody  of  international  standards 11 

duties 10 

establishment  of 10 

international  committee,  duties  of 11, 12 

maintenance  of... 10 

prototype  meter  and  kilogram  certified  by.  697 

Iowa,  laws  of 257 

Iron  ore,  hundredweight 494 

Iron,  pig,  hundredweight 494 

sheet  and  plate,  standard  gauge  adopted  for 

customs  purposes 38 

tolerances  on 39 

J 

Japanese  millet,  weight  per  bushel 938 

Jewels.    See  also  Carat;    and  Stones,  pre- 
cious. 

troy  pound,  unit  for  weighing 70 

Johnson  grass,  weight  per  bushel 933 

Joule.    See  Electricity,  units  of. 

K 

Kafir  corn,  weight  per  bushel.. 938 

Kale,  sale  by  weight  only 169 

standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

weight  per  bushel.. 938 

Kansas,  laws  of 268 

Keg.    See  also  Barrels, 
for  butter  and  lard,  net  and  tare  weights 

to  be  marked 619 

for  grapes,  capacity 119 

of  blasting  powder,  weight  of  and  of  sub- 
divisions  693 

weight  to  be  marked 693 

Kentucky,  laws  of 287 

Kerosene,  weight  per  gallon 276,557 

Kilogram.    See  also  Metric  system, 
international  prototype  regarded  as  funda- 
mental standard 7 

L 

Land  plaster,  weight  per  bushel 933 

Lands,  public,  how  divided 44 

Lard,  lard  compounds  or  substitutes: 

barrel  or  half-barrel  for,  number  gallons  to..  784 

pails  of,  weights  specified 696 

sale  by  weight 236 

tare  to  be  marked.. 619 

weight  to  be  marked. 73, 196, 619 


INDEX 


959 


Page 
Lard  oil,  weight  of  empty  barrel  to  be  marked.     618 

weight  per  gallon 276, 557, 818 

Lead  ores,  scales  for  weighing,  failing  to  bal- 
ance       438 

taking  more  than  legal  weight 438 

ton,  number  pounds  to 438 

Leakage.    See  also  Tolerances. 

from  grain  cars,  determining 471 

unavoidable 114 

Leather: 

altering  marks  of  measurer 378 

devices  for  measuring,  fees  for  testing 359 

semiannual  test  of 357 

measurers  of,  appointment  and  duties 377 

unlawful  to  sell  unmeasured 378 

Lemons,  field  box  for,  dimensions 174 

other  size  prohibited.. 176 

Lentils,  weight  per  bushel 933 

Lettuce.    See  also  Fruits  and  vegetables, 
crate  for,  number  of  heads  to  be  marked...      120 

standard,  dimensions 119 

tolerance  on... 120 

packages  for,  standard,  dimensions 117,118 

Lien,  inspector's  fees  to  constitute,  on  appa- 
ratus       481 

Lime: 
agricultural,  bag  or  package  of,  weight  to 

be  marked.... 159, 331, 344, 551, 623, 694, 858 

weight  fixed 799 

barrel  of,  number  pounds  to 372, 

413,  751, 799, 890, 902 
standard  large  and  small,  fractional  parts.      26, 

576, 852 

how  marked. 26,576,852 

number  pounds  to 26,  576, 852 

rules  and  regulations- 27 

tolerances  on 29, 30 

bushel,  number  cubic  inches  to 605 

quantity  allowed  for 834 

hydrated,  weight  per  bag 799 

measure  for,  capacity  and  dimensions 605 

sale  by  weight... 236 

tolerance,  in  bulk 30 

ton,  number  pounds  to 628 

weight  per  bushel.. 938 

Line,  button  measure,  equivalent 44 

Linen.    See  Textiles. 

Link.    See  Units  of  weight  and  measure. 

Linseed  oil,  net  contents  to  be  marked  on 

container 853 

weight  of  empty  barrel  to  be  marked 618 

weight  per  gallon 276, 557, 618 

Liquids.    See  also  Gallon. 

barrel  for,  capacity 48, 

79, 110, 141,  215,  257,  337,  365,  413,  461,  495,  566, 
579,  594,  604,  684,  732,  751,  780,  798,  901. 

hogshead,  capacity 365,560,594 

two  barrels  to.. 110, 

141, 215,  257,  337,  365,  413,  461,  495,  566,  594, 
604,  684,  751,  798,  901. 

pipe,  number  hogsheads  to 684 

tun,  number  pipes  to 684 

Liter.    See  Metric  system. 
Livestock: 

carload  weight  of 442, 490 

certificate  of  weight  to  be  given 87, 89 

517—27 61 


Livestock— Continued.  Page 

defrauding  in  weighing  of. 278, 419, 455 

using  or  having  in  possession  false  weights 

or  weighing  devices 237 

scales  for,  attendant  to  be  provided,  when.     915 

control  of. 766 

may  be  required,  when 418 

procuring  site  for 422 

railroads,  neglecting  or  refusing  to  permit 

erection 472 

to  permit  at  livestock  platforms 472 

to  provide  and  maintain,  when 284, 

766, 915 

stockyards  to  furnish... 490 

testing  upon  request 766 

Vnited  States  act,  rules  and  regulations 

concerning  may  be  made 38 

unfair  practice  concerning- 37 

weighing  of 36 

weighers  may  be  appointed 722 

weighing  of,  correct  weight  must  be  given. .      397 

on  private  scales,  prohibited 418 

on  public  scales,  required 737 

upon  demand  of  buyer  or  seller 631 

Livestock  remedy,  net  contents  to  be  stated.      279 
Loaf.    See  Bread. 

Loganberries.    See  Berries  and  small  fruits. 
Logs.  See  also  Lumber. 

fees  for  measuring 91,920 

rules  for  measuring 181, 701, 835, 918 

allowing  for  rotten.. 181, 205,  701 

Doyle's  rule  made  standard. 80, 90, 178, 430 

Doyle's  and  Scribner's  rule  made  stand- 
ard  310,430,891 

unlawful  to  use  other 310 

Scribner's  "decimal  C"  rule  made  stand- 
ard  205,  761 

Spaulding's  table  made  standard 113 

table  of  board  feet  contained  in... 919 

use  of  other  rules,  when 919 

surveyors  of,  appointment.. 324 

duties 326 

Louisiana,  laws  of. _.      298 

Lumber.    See  also  Logs, 
bill  of  measurement,  inspectors  to  make,  and 

what  to  contain 204,918 

cities  or  towns  may  measure  or  regulate..     180, 

220, 440 
inspectors  or  surveyors  of,  appointment  and 

duties 204,324,521,917 

fees  for  measuring 91, 747, 920 

measurers  of,  election... 375 

railroads  to  provide  scales  for  weighing  of.  872, 873 

rules  for  measurement  of  ship's  timber 521 

of  tun  and  square  timber 687 

sale  of  lumber  and  timber  by  board  meas- 
ure...  438,  587 

standard  thickness  of  planks 521 

weighing  on  two  or  more  cars 188 

M 

Maine,  laws  of 313 

Malfeasance,  what  constitutes 97 

Malt  beverages,  number  gallons  to  barrel..  365, 413 

tolerance  on  capacity 365 

Mangelwurzel,  weight  per  bushel 933 


960 


INDEX 


Page 

Manure,  number  bushels  to  cartload 858 

standard  measure  for,  capacity,  dimensions 

and  form 461,857 

heaped  measure  used 461,857 

Maple  sirup,  gallon,  number  cubic  inches  to. .      834 

weight  per 621, 834 

Marble,  surveyor  of,  may  be  appointed 372 

Marl,  heaped  measure  used 461 

measure  for,  dimensions  and  form 461 

net  weight  to  be  marked 331, 694 

Maryland,  laws  of 334 

Masonry,  perch,  number  cubic  feet  to ..     196, 

259, 494,  556,  761 

rules  for  measuring _ 153 

Massachusetts,  laws  of 347 

Mattress.    See  Bedding. 

McKay  sampler  for  milk  or  cream 131 

Meal: 

bag  of,  exact  weight  to  be  marked 173 

barrel  of,  dimensions 617,854 

forfeiture  for  short  weight 431, 629 

how  branded '. 617 

net  weight  to  be  marked 173,305,617 

number  gallons  to 784 

tare  to  be  marked 617 

weight  of  contents  of  barrel  and  subdivi- 
sions  305,398,429,617,854 

net  weight  to  be  marked 398, 851 

sale  of,  only  in  standard  weight  packages..     851 

weight  per  bushel 933 

Measures .    See  also  references  to  specific  com- 
modities in  question, 
at  mines,  standard  to  be  provided,  when...     346 
bottomless,    must    conform   in   shape    to 

United  States  standard,. 258 

unlawful  to  use 673 

dry  capacity,  barrels  and  other  containers 

can  not  be  used  as 169 

defined 540,  645 

dimensions  or  form. 110,461,604,684 

ratio  of  height  to  bottom. 684 

ratio  of  top  to  bottom 684 

how  marked 673 

use  prohibited 169, 235, 538, 645, 779 

for  ale  and  beer,  number  cubic  inches  to 70 

for  charcoal,  how  heaped 461,724 

number  cubic  inches  to 125, 

142, 153, 339, 396, 438, 606,  628 

for  coke,  capacity  or  dimensions 437,605,628 

for  lime,  unslacked,  capacity  and  dimen- 
sions  _      605 

for    manure,    capacity,    dimensions,  and 

form 461, 857 

for  oysters,  dimensions... 176,187,588 

how  filled 176 

must  be  tested  and  stamped 57 

other  measures  unlawful 588 

for  stone  coal,  capacity  and  dimensions 605 

for  wood,  kindling,  heaped 725 

heaped,  form  of... 110, 

215, 396, 461, 514, 525, 604, 814, 858, 900 

number  cubic  inches  to 141 

level  or  stricken — 

for  coke 369,  573 

for  dry  commodities 798 

for  fruits,  nuts,  or  vegetables 246, 319, 608 

for  grain 238,249,287,431,781 


Page 

Measures— C  ontinued . 

level  or  stricken— continued. 

for  hampers,  baskets,  and  containers 246, 

338, 363, 397, 608 

how  struck 215, 238, 249, 287, 604, 608, 781 

liquid,  sale  of  berries  and  small  fruits  by.. 271, 557 
Measurers: 
of  grain  and  salt,  election  and  duties  of...  318, 726 

fees 726 

of  leather 377 

of  wood  or  bark,  appointment...  147, 374, 375, 518 

fees 518 

public,  appointment  and  term  of  office 761 

duties „     761 

fees __ _ 762 

giving  false  certificate 762 

Meat.    See  also  Beef  or  pork. 

fresh  or  salt,  delivery  ticket  for 72 

sale  by  weight 72, 236, 569 

products,  sale  by  net  weight 569 

tolerance  on  bacon  and  ham 73 

undermarking  tare  on 617 

variation  in  weight  of  commodity  law,  ap- 
plicable, when 197 

wrapped,  net  quantity  to  be  marked 17 

Meat  meal,  sack  of,  net  weight 269 

Mechanical  work,  cities  may  measure 129, 440 

Medicines,  sale  by  apothecaries  pound,  when.       70 

sale  by  avoirdupois  pound,  when 70 

Melilotus,  weight  per  bushel 933 

Melon,  cantaloupe,  capacity  of  barrel 732, 780 

Melons,  standard  packages  for 117 

dimensions 118 

Menhaden  oil,  weight  per  gallon 276, 557 

Meridian.    See  Surveyors. 
Meter.    See  also  Metric  system, 
international  prototype  regarded  as  funda- 
mental  7 

ratio  of  to  distance  from  equator  to  pole 697 

Meter  provers,  gas  companies  to  provide, 

when 389 

Meters,  electric,  gas,  or  water: 

apparatus  for  testing 583 

appointment  of  inspectors  of 330, 388,  414, 709 

powers  and  duties  of 388, 414 

cities  and  towns  may  provide  for  inspection 

and  test 310, 414, 432, 551, 582, 616, 680 

false  or  condemned  apparatus... 69, 

248, 310, 391, 466, 485,  622 

false  or  fraudulent  reading 803 

fees  for  testing 69,133, 

160, 204, 226, 250, 389, 448, 472, 506,  611, 622 

inspection  and  test  of 64, 

67,  144,  160,  204,  250,  309,  329,  389,  390,  432, 
447,  472,  506,  611,  622,  661,  803,  826. 

before  installation  or  use 68, 250, 621, 708 

by  sealer 64, 67, 611 

upon  request 64, 160, 204, 330, 390,  583,  708 

may  be  condemned 64 

placed  where  consumer  can  read 250 

readings,  bills  to  show 587 

consumer  may  request 226 

consumer  to  be  given 390 

to  be  filed  with  sealer... 69 

to  be  in  cubic  feet 390 

to  be  in  kilowatt  hours 390 

rules  and  regulations  may  be  made  for 391, 

599, 826 


INDEX 


961 


Meters,  electric,  gas,  or  water— Continued, 
standard —  Page 

of  measurement  defined 621 

test  of 64 

to  be  used 636 

standards  for  may  be  prescribed 133, 225 

tolerances  on _      64, 

67,  68, 144, 330, 390, 448, 583, 622,  709 

Meters,  heat,  appointment  of  inspectors 414 

powers  and  duties  of 414 

Metric  carat.    See  also  Metric  system. 

establishment  of. 16 

equivalent.. 16,387 

standard  for  diamonds 387 

unit  for  import  duties  on  diamonds  and 

precious  stones 16 

Metric  convention.    See  also  International 
Bureau  of  Weights  and  Measures. 
International    Bureau    of    Weights    and 

Measures  established  by 10 

provisions  of. 10 

regulations  adopted  by 12 

Metric  system: 

authorized  by  Congress 7 

cities  and  towns  to  keep  meter  and  kilo- 
gram  349 

equivalents    in    customary    weights    and 

measures 8,387,782 

legalized  or  use  of  authorized 109, 

195, 269, 386, 476, 494,  603, 697,  702, 749, 782,  797 
postal  balances  for,  to  be  furnished  certain 

post  offices 44 

standards  of,  furnished  States  by  resolution 

of  Congress 6 

repairs  and  adjustments  to  and  replacing 

lost 7 

State  standards 387,  697 

to  be  taught  in  public  schools 827 

use  of,  in  Philippine  Islands 697 

use  of  other  than  metric  system 697 

in  Porto  Bico 702 

required  in  Public  Health  Service 16 

required  in  War  Department,  when 16 

Michigan,  laws  of 392 

Middlings,  barrel,  dimensions 158 

unlawful  to  use  other... 158 

weight  of 158 

to  be  marked 158 

weight  per  bushel 933 

Mile.    See  Units  of  weight  and  measure. 
Milk,  condensed,  evaporated  or  skimmed, 

minimum  contents  of  container 550 

weight  of  container 123 

Milk  and  cream.    See  also  Babcock  or  other 
test  for  milk  and  cream, 
bottles  for — 
allowance  in  capacity  for  Pasteurizing..     900 

average  capacity,  how  ascertained 71, 

399, 752, 887, 900 

capacity  fixed 70, 

166,  196,  213,  259,  271,  327,  351,  399,  478,  496, 
526, 557,  569, 752,  846, 866, 887, 900. 

fees  for 359 

how  filled 70, 

166, 213, 269, 327, 351, 399, 526, 569, 752, 887, 900 

how  marked 70 

152,  166,  213,  264,  328,  351,  399,  458,  626,  669, 
724, 752, 846, 887, 900. 
legal  measures  and  subject  to  regulations.     673 


Milk  and  cream— Continued, 
bottles  for — continued.  Page 

legal  measures  for  milk  and  cream  only.  327, 351 

paper  or  fiber  bottles,  how  filled 361 

may  besealed 351 

reuse  of. 351 

sealing  of,  by  manufacturers 213, 

327, 351, 399, 723, 846, 887, 900 

bysealer,  when 71,152,214,260, 

327, 351, 358, 400, 458, 520, 723, 847, 888, 901 

not  required 71, 214, 260, 400, 847, 888, 901 

tolerances  on 70, 

213, 327, 351, 399, 526, 569, 673, 724, 752, 887, 900 

cans  for,  capacity  or  how  marked 152, 

201, 327, 352, 520, 550,  879 

fee  for  sealing 879 

sealing 327,352,457,520,879 

testing  upon  request 458 

sold,  by  measure 123, 

141, 153, 327, 457, 469, 520, 550, 692, 723, 835 

by  weight 123 

weight  of  pint  and  quart 201 

Mill  feed.    See  Feed;  and  Feeding  stuffs. 
Mill  products,  net  weight  to  be  marked  on 

sack,  barrel,  or  other  package... 431,558 

sold  in  violation,  may  be  seized,  when..  306, 629, 

standard  weights  for,  established 269,305 

Millet,  weight  per  bushel 938 

Japanese  barnyard 938 

Mills,  to  have  standard  or  sealed  measures..      83, 

238, 294, 431, 448, 489,  589,  615 

to  keep  standard  toll  dishes..  83, 228, 489, 589, 785 

to  provide  scales. 378,400 

tolls  allowed 448,912 

using  false  weight  or  measure  at 927 

Mine  scales.    See  Scales. 

Mining  laws _. 58, 

91,  133,  228,  255,  266,  285,  296,  345,  409,  448,  473, 
563,  601,  624,  640,  695,  789,  816,  828,  879,  892, 
928. 

Milo  maize,  weight  per  bushel.. 933 

Miner's  inch.    See  also  Water. 

defined 112,563,773 

equivalent  in  cubic  feet  per  minute 112 

cubic  feet  per  second 473, 489, 506, 563, 773 

gallons  per  second 473 

use  in  future  permits  prohibited.. 506 

Miners'  oil,  weight  per  gallon 276,557 

Minnesota,  laws  of 410 

Mint,  annual  test  of  weights  used  at  Phila- 
delphia...  40 

troy  pound  of 40 

Mississippi,  laws  of 429 

Missouri,  laws  of __      437 

Molasses: 

Louisiana  cane,  weight  per  gallon 429 

maple,  weight  per  gallon 248 

sorghum,  weight  per  gallon 48, 

248, 429, 579, 732, 780 

Montana,  laws  of 451 

Motor  vehicles,  county  may  provide  scales 

for  weighing 176 

weight  of  models  to  be  filed 050 

Mustard  seed,  weight  per  bushel 933 

N 

Nails,  casks  of,  maximum  weight 372 

net  weight  to  be  marked 372 

Naphtha,  weight  per  gallon 276,657 


962 


INDEX 


Page 
National    Bureau    of   Standards.    See   also 
Standards,  State. 

director  of,  annual-report  of 5 

appointment,  powersand  duties  of 6 

establishment  of 5 

fees  for  tests  and  calibrations,  etc.,  to  be 

fixed 6 

to  govern  maximum  of  State 627 

functions  of,  for  whom  exercised 6 

reports  of  weights  and  measures  officials, 

copy  to  be  filed  with 194, 272, 499 

rules  and  regulations  issued  by,  regarding— 

lime  barrel  act 27 

standard  barrel,  for  fruits  and  vegetables 

and  other  dry  commodities 21 

adopted  or  recognized  by  State  or  dis- 
trict...  170, 237, 403 

standard  cranberry  barrel 21 

adopted  or  recognized  by  State  or  dis- 
trict   170, 237 

specifications  and  tolerances  for  weights  and 
measures  and  weighing  and  measuring 

devices,  adopted  or  recognized 95, 

219, 475,  643,  792, 849, 883 

to  be  established  with  advise  of 313, 

459,  516, 832 

standards,  comparison  or  construction  of 5 

municipal  and  county  to  conform  to  type 

approved  by 193, 272 

national,  care  and  custody  of.. 5 

thermometer,  standard  of  State,  certified 

by 350 

tolerances  on  standards,  limits  to  be  fixed..         6 
troy  pound  of  the,  to  be  standard  of  the 

mint 40 

type  of  apparatus,  approval  by  before  use  in 

State — 321 

visiting  committee 6 

weights  and  measures  stamped  by,  recog- 
nized, when 459,795 

Neat's-foot  oil,  weight  per  gallon 276,  557 

Nebraska,  laws  of.. 476 

Net  weight.    See  also  Specific  commodities, 
marking  net  weight  or  quantity  on  pack- 
ages, of  commodities,  in  general 113, 

211,  234,  263,  455,  496,  515,  571,  615,  647,  674, 
705,  734, 845, 886. 

food  only,  mandatory 16, 

52,  143,  153,  169,  177,  187,  192,  220,  304,  331, 
342,  366,  405,  416,  441,  486,  518,  544,  584,  596, 
701,  719,  734,  765,  786,  821,  824,  839,  850,  870, 
908,  928. 

permissive — 75, 82, 

130, 201, 251, 278, 294, 431, 464,  505,  617, 634, 804 

net  weight  employed  or  understood 164, 

646,  752, 823, 839, 867,  890, 901, 924 

regulations  for  marking... 17, 113, 545, 734 

wrapper,  separate  charge  may  be  made 615 

Nevada,  laws  of 494 

New  Hampshire,  laws  of 510 

New  Jersey,  laws  of 525 

New  Mexico,  laws  of 553 

New  York,  laws  of 565 

North  Carolina,  laws  of 578 

North  Dakota,  laws  of. 591 


Page 

Nuts,  sale  by  dry  measure 337,  614,723 

level  measure 319 

weight  or  count,  when 236,362 

standard  package  for,  dimensions 117, 118 

O 

Oats,  bag  or  sack,  weight  specified 54 

weight  per  bushel 939 

Offense,  separate,  what  constitutes: 

basket  or  box,  use,  sale,  or  manufacture 338 

bread,  each  separate  sale  of 465 

cotton,  weighing  of  by  unauthorized  per- 
son        87 

fish,  each  day's  use  of  unlawful  measure  for.     589 

flour,  each  sale  of 844 

meters,  each  day's  violation  of  law.... 69 

milk  bottle,  each  failure  to  comply  with 

law 458 

milk  or  cream,  unlawful  testing  of  each  lot 

of. 434 

mine  scales,  each  day's  use  of  incorrect 

scales 346 

unsealed  weights  or  measures,  each  day's 

use  of. 457 

weight  or  measure,  use  or  ownership  of 634 

Ohio,  laws  of 603 

Ohm.    See  Electricity,  units  of. 
Oil.    See  also  Pumps,  automatic  or  measur- 
ing, 
barrel  of  illuminating,  gasoline  or  petroleum 

products,  number  gallons  to 445,  601, 763 

quantity  to  be  marked |     764 

sweet,  in  bottles  or  cans,  quantity  to  be 

stated 73 

weight  per  gallon  of  oil  or  oil  products — 

castor 276,  557 

cod  liver 276,  557 

flaxseed 618 

gasoline 276, 657 

kerosene 276,  657 

lard 276,  557,  618 

linseed 618 

boiled 276, 557 

raw 276, 557 

menhaden 276, 557 

miner's 276, 557 

naphtha 276, 557 

neat's-foot 276, 557 

olive 276, 657 

paraffine 276, 557 

sperm 276,557 

turpentine 276, 557 

whale 276,557 

Oil  meal,  sack  of,  net  weight 269 

Oklahoma,  laws  of 626 

Oleomargarine: 

how  marked 822 

minimum  weight  for  package 130 

net  weight  to  be  marked 212,822,887 

sale  by  weight  only. 212,  236, 752, 822,  887 

sizes  of  packages  fixed 130,  212,  822 

Olive  oil,  in  bottles  or  containers,  quantity 

to  be  stated 73 

weight  per  gallon. 276, 557 


INDEX 


963 


Page 
Onions.    See  also  Fruits  and  vegetables. 

bottom  sets,  weight  per  bushel 939 

fresh,  sale  by  bunch 169, 362 

sizes  of  boxes  for  sets 478 

standard  barrel  for,  dimensions 339, 604 

how  marked _ 604 

other  sizes,  how  marked 339- 

standard  basket  for,  capacity 156 

other  size  to  be  marked 166 

standard  crate  for,  capacity  or  dimensions  168,805 

standard  package  for,  dimensions 118 

top  sets,  weight  per  bushel-. 939 

weight  per  bushel 939 

Oranges: 

barrel  may  be  used  for  shipping 174 

field  box  for,  dimensions 174, 176 

other  size  prohibited 176 

standard  box  or  crate,  dimensions. 173, 805 

nonstandard  prohibited.. 173,175 

standard  package  for,  dimensions 117, 118, 806 

tolerance 806 

Orchard  grass  seed,  wei  ght  per  bushel 939 

Ore: 

fraudulent  assay  of 563 

fraudulent  weighing  of 200,438 

iron,  hundredweight  of 603 

keeping  or  using  false  scales  for 200, 563 

Oregon,  laws  of. 640 

Osage  orange  seed,  weight  per  bushel 939 

Ounce.    See  also  Textiles;  Units  of  weight 
and  measure, 
of  cotton  duck  or  canvas,  defined.  221, 426, 484, 905 
weight  or  quantity  to  be  marked  in  ounces 
per  yard 222,427,483,905 

Oysters: 
barrel  for,  equivalent  in  shucked 814 

number  of  boxes  or  tubs  to 57, 176, 433, 814 

basket,  capacity 302,307 

box  for,  dimensions 57,814 

form  of  heap 814 

canned,  net  quantity  to  be  marked 738 

liquid,  amount  allowed.. 169,  576,  645 

measures  for,  dimensions 176,187,588 

how  filled.. - 176 

must  be  measured  and  stamped 57 

unlawful  to  use  other  than  standard 588 

quantity  to  be  marked 187,576 

sale  by  count  only  not  applicable  when  in 

original  container 683 

sale  by  count,  liquid  measure,  or  weight..  169, 645 

sale  by  wine  measure,  when 853 

sack  capacity 307 

tub  for,  capacity,  dimensions,  or  form 57, 

157, 176, 187, 343, 433,  549, 688, 738, 853 

may  be  seized  and  destroyed,  when .     854 

P 

Pails,  of  lard  and  lard  compounds  and  substi- 
tutes, weights  established 696 

Paint.deflned 57,222,433,707 

evidence,  prima  facie,  of  violation.  487, 620, 683, 771 

quantity  to  be  marked 67, 

130, 186, 222, 387,  434, 620, 683,  707, 839, 852 

Paper  stock,  packing  foreign  substances  with.     249 


Page 

Paraffine  oil ,  weight  per  gallon 276, 557 

Parsley,  weight  per  bushel 933 

Parsnips.    See  also  Fruits  and  vegetables. 

standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

weight  per  bushel 939 

Paspalum,  weight  per  bushel 933 

Paulins.    See  Awnings. 

Peach  seed,  weight  per  bushel 933 

Peaches.    See  also  Fruits  and  vegetables, 
basket,  box,  crate,  or  package  for,  capacity. .     166 

338, 397, 902 

dimensions 118 

other  size,  how  marked 156,339 

dried,  weight  per  bushel 939 

half  box  or  basket,  number  cubic  inches  to. .      338 

standard  pack  for  six-basket  crate 806 

tolerance  on  standard  packs 806 

weight  or  number  to  be  marked 203, 397, 869 

per  bushel 939 

Peanuts,  sale  by  dry  quart  and  subdivisions. .      337 

weight  per  bushel _ 939 

weight  to  be  marked  on  bag 173 

Pearls.    See  also  Stones,  precious. 

unit  for 16 

Pears.    See  also  Fruits  and  vegetables, 
box  or  package  for,  net  weight  or  number 

to  be  marked. 203,869 

dried,  weight  per  bushel 939 

standard  barrel  for,  capacity 751,902 

dimensions 339,751,902 

of  less  capacity,  how  marked 339 

other  form  may  be  used 751,902 

standard   basket   or   half-basket   for,   ca- 
pacity  — 338, 902 

of  less  capacity,  how  marked 339 

standard  box  for,  capacity 338,902 

dimensions 118,168,557,868 

half  box 338 

number  to  box 806 

of  less  capacity,  how  marked 339 

standard  crate  for,  capacity 902 

weight  per  bushel 939 

Peas.    See  also  Fruits  and  vegetables. 

black-eye,  weight  per  bushel 933 

green,  barrel  for,  capacity... 338,732,780 

dimensions.. 338,339 

of  less  capacity 339 

in  hull,  number  of  bushels  to  barrel 732, 780 

unshelled,  weight  per  bushel 940 

shelled,  standard  basket  or  box  for,  capacity     168 

split,  weight  per  bushel 940 

weight  per  bushel 940 

wrinkled,  weight  per  bushel 940 

Peddler.    See  Vendors. 
Penalties.    See  the  specific  subject  In  ques- 
tion. 

Pennsylvania,  laws  of... 667 

Peppers,  weight  per  bushel 933 

Perch.    See  also  Units  of  weight  and  meas- 
ure, 
of  stone,  number  cubic  feet  to  in  boats,  In 

cars,  in  piles,  or  in  walls 154 

or  mason  work,  number  cubic  feet  to 126, 

196, 259, 556, 699, 603, 628, 761 


964 


INDEX 


Page 
Petroleum,  or  petroleum  products.    See  also 
Gallon;  and  Pumps,  automatic  or  meas- 
uring, 
barrel  for,  net  contents  in  gallons  to  be 

marked _ _     764 

number  of  gallons  to... 445,601,763 

weights  and  measures  used  for,  to  be  ac- 
curate  __ _      804 

Philippine  Islands,  laws  of 697 

Pieplant,  weight  per  bushel 933 

Pig  iron,  hundredweight  of _.      603 

Pineapple,  crate  for,  number  cubic  feet  to 44 

Pipe,  number  to  tun 684 

staves  for,  dimensions 745 

two  hogsheads  to 684 

Pitch,  barrel  for,  number  gallons  to 854 

Plaster,  land,  weight  per  bushel 933 

Plastering  and  lathing,  how  measured 155 

unit  for  measuring. 154 

Plank,  standard  thickness __ 521 

Plums.    See  also  Fruits  and  vegetables. 

basket,  box  or  crate  for,  capacity 902 

dimensions 118 

weight  to  be  marked 397 

containers  for,  not  to  be  refilled 428 

sizes  fixed . 428 

sale  by  dry  measure 337, 428 

standard  packages  for 117 

standard  dimensions 118 

weight  per  bushel 940 

Police  powers.     See  Sealer  of  weights  and 

measures. 
Pole.    See  Units  of  weight  and  measure. 
Pork.    See  Beef  or  pork. 

Porto  Eico,  laws  of 702 

Postal  balances,  to  be  furnished  certain  post 

offices 44 

Porter,  barrel  for  and  subdivisions,  number 

gallons  to 901 

tolerance  on  to  be  prescribed 902 

Potatoes.    See  also  Barrels;  Fruits  and  vege- 
tables. 

allowance  for  dirt  or  shrinkage 806 

bag  or  sack,  net  weight  of 649,866 

weight  to  be  marked,  when 173, 866 

barrel  of,  capacity 732,  751,  780,  902 

dimensions 339,604,751,902 

how  marked 604 

of  less  capacity,  how  marked 339,751 

other  form.  _ 902 

weight 142, 288, 319 

weight  to  be  marked... 173 

basket,  capacity,  of  standard 156 

other  size  to  be  marked 156 

sweet — 

barrel  of,  capacity _.  732,780 

dimensions... 339 

of  less  capacity,  how  marked 339 

weight 319 

box  of,  capacity 270 

tolerance  on 73, 806 

weight  per  bushel 940 

Pound.    See  also  Units  of  weight  and  meas- 
ure, 
imperial 703 


Page 
Powder,  blasting,  weight  of  keg  and  sub- 
divisions  285,693 

weight  to  be  marked 693 

Produce  and  farm  products.  See  also  Bar- 
rels; Baskets;  Box;  and  Fruits  and 
vegetables. 

barrel  for,  capacity 156,888,890 

r  dimensions -..„  604,888,890 

how  marked 604 

of  other  form.. 888 

other  size,  how  marked 156, 339 

bag  or  sack,  no  deduction  for,  when 649 

weight  may  be  deducted,  when 203 

box  for,  capacity... 363,  518 

dimensions- _ 363,618,715 

half  box 363,715 

how  marked 363, 518, 715 

containers  or  receptacles  for,  may  be  estab- 
lished  55,.  82, 117, 193, 

203,  221,  441,  467,  543,  585,  680,  736,  772,  909 

other  size  containers _ 585 

rules  and  regulations  may  be  promul- 
gated  193, 203, 245,  504,  585, 681,  736 

tolerances  to  be  fixed 55, 82, 221,  505,  772,  792 

unlawful  to  use  others 55,442,467,681 

inspectors  of,  licensing 911 

net  weight  or  net  count  may  be  established 

for 792 

scales  for  weighing,  annual  test 80 

Prunes,  standard  packages  for... 117 

dimensions lis 

Pumps,  automatic  or  measuring.  See  also 
Weights  and  measures  and  weighing  and 
measuring  devices: 

denned 261 

evidence,  breaking  seal  is  prima  facie 804 

may  be  seized  for,  when 764 

short  deli  very  is  prim  a  facie 647 

fees  for  testing 191,359,481,716 

inspection  and  test  129, 170, 174, 218, 445,716, 764, 804 

before  use 218,717 

by  owner. 218,647 

every  6  months 445 

every  30  days. 174 

may  be  condemned  or  seized 174, 

218, 445, 716, 764, 804 

may  be  destroyed 764 

measure  for  test  or  use. 174, 218, 647,  716 

license  for  use  required 261 

operated  at  three  speeds 804 

sealing  of 129,764 

tolerance  on _ 174 


Quinces,  standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

standard  packages  for,  dimensions 117, 118 

weight  per  bushel 940 

Quintal  offish,  number  pounds  to 362 


Radish  seed,  weight  per  bushel 933 

Rags,  packing  foreign  substances  with 249 

Rapeseed,  weight  per  bushel 940 


INDEX 


965 


Page 
Raspberries.    See  Berries  and  small  fruit. 
Records,  State  official  to  provide  system  of.  -     456 

Red  top  seed ,  weight  per  bushel -  -  -      940 

Reports.    See  Sealer  of  weights  and  measures. 

Rhode  Island,  laws  of 710 

Rhubarb,  fresh,  may  be  sold  by  bunch 169,362 

weight  per  bushel - 940 

Rice: 

barrel  of,  tare  on — 183 

weight  and  tare  to  be  marked 487 

rough,  weight  per  bushel - 940 

tierce,  tare  on_ - - 183 

Rice  bran,  weight  per  bag  or  sack 799, 815 

Rice  corn,  weight  per  bushel - 936 

Rice  polish,  weight  per  sack 799 

Rod.    See  Units  of  weight  and  measure. 

Root  crops,  weight  per  bushel ---     933 

Roots,  standard  measure  for,  capacity,  form, 

and  dimensions 461 

heaped  measure  used 461 

Rosin,  barrel  for,  number  pounds  to 180 

Rules  and  regulations  for,  appliances  and  ac- 
cessories, maybe  made 475,896 

approval  of  type  of  apparatus  to  be  made..     678 

barrel,  for  lime 27 

standard  for  cranberries — 21 

standard  for  fruits  and  vegetables 21 

baskets,  boxes,  hampers,  etc.,  to  be  made..      32, 

245, 271, 403, 542, 609 

bottles  for  milk  and  cream,  may  be  made..      900 

containers  for  farm  products,  may  be  made.     193 , 

203,  245, 504, 585, 681,  736 

food  in  packages  marking  net  quantity 17, 

113, 545,  734 

food  or  other  commodities,  marking  net 
quantity  or  exemption  of  small  pack- 
ages, may  be  made...  17, 113, 143, 212, 263, 366, 
515,  531,  545, 674, 706, 734,  821,  832,  845,  886, 
928. 
size,  weight,  or  shape  of  packages,  may  be 

made -     596 

guidance  of  sealers  of  weights  and  measures 

may  be  issued 50, 

64, 98, 136, 170, 194, 207,  219,  231, 273, 313, 393, 
459,  475,  480,  499,  511,  530,  566,  643,  670,  678, 
703, 775, 791, 818, 832, 849, 862, 883, 896. 

leather  measuring  devices,  to  be  made 357 

meters,  electric,  gas,  or  water,  or  public  util- 
ities, service,  may  be  made 133, 

204, 225, 250, 391, 472, 506, 599, 623, 661, 708 

taximeters,  may  be  made 357 

track  scales,  testing,  may  be  made 767 

track  scale  testing  device,  may  be  made...      445 

weighers,  public,  or  public  scales.. 198,466 

weighing  or  measuring  grain  may  be  made. .     224, 

444, 745 
weighing,  hay  and  straw  may  be  made..  283,423 

weighing,  livestock,  may  be  made 38 

weighing,  railroad  cars  or  freight,  may  be 

made... 225, 417, 490, 599, 825, 915 

weighmasters,  public,  to  be  made 501 

United  States,  recognized  or  adopted — 

food  packages 366, 545, 736 

National  Bureau  of  Standards,  for  stand- 
ard barrel  for  fruits  and  vegetables...     170, 

237,403 


Page 
Rules  and  regulations  for— Continued. 
United  States,  recognized  or  adopted— Con. 
National    Bureau     of    Standards,    for 

standard  cranberry  barrel 170, 237 

for  weights  and  measures  and  weighing 

and  measuring  devices 95, 

219, 475, 643, 792,  849,  883 

Rutabagas,  weight  per  bushel 940 

Rye,  bag  or  sack,  weight  fixed 54 

weight  per  bushel 940 

Rye  meal,  weight  per  bushel 940 


Sack.    See  Bag  or  sack. 

Sage,  weight  per  bushel 933 

Salads,  weight  per  bushel 933 

Salt: 

barrel  of  or  for,  forfeiture  for  shortage 785 

gross  and  tare  weights  to  be  branded. .  251, 856 

how  made 618, 855 

net  weight 691 

to  be  marked 618 

tare  on 619, 856 

time  allowed  before  weighing 856 

hogshead  of,  number  of  bushels  to 318 

measurers  of,  duties,  election  and  fees 726 

sale  by  weight 236 

weight  per  bushel-- 941 

Sand: 

bank,  weight  per  cubic  yard 216, 799 

torpedo,  weight  per  cubic  yard 216, 799 

undefined,  weight  per  cubic  yard 142 

weight  per  bushel-. 941 

Sauerkraut,  how  sold 236 

Scalage.    See  also  Textiles, 
unlawful  to  deduct  for  in  weighing  cotton..      84, 
183,  306, 432, 587, 739, 786 
Scales.    See  also  False  weights  and  measures; 
Fees     and     compensations;     Sealer     of 
weights  and  measures;  Testing  weights 
and   measures;    Weights   and   measures 
and  weighing  and  measuring  devices. 

apothecaries,  annual  test. 358,457 

cotton — 

ginners  to  keep 85 

no  deduction  for  scalage 84, 

183, 306, 432, 587, 739, 786 

testing 86, 183 

cream  test,  accuracy  or  sensibility 435, 

638,  659,  878 

family,  prohibited  in  commercial  use 336 

ice,  graduations  required jgg 

refusing  or  neglecting  to  provide... 365 

test  of 546 

wagons  must  carry 304,557 

livestock... 284,418,472,490,915 

mine — 

false  or  fraudulent  use  or  tests 59 

286, 346, 449, 474,  602,  639, 930 
owner  or  operator  to  provide  or  maintain.      58 
91,  133,  229,  255,  266,  286,  296,  345,  449,  473,' 
563,  816,  829,  879,  892,  929. 

neglecting  or  refusing 286 

standards  for  testing 58,92,134,229 

255, 345, 409, 450, 473,  601, 624, 639,  879, 893,'  929 

testing _. 5g( 

91,  134,  228,  255, 286, 296,  345, 409,  450,  473,' 
601,  639, 667, 670, 696,  789,  816,  829, 892, 929. 


966 


INDEX 


S  cales—  Continued . 
mine— continued.  Page 

testing,  by  mine  inspector  or  official 68 

91, 134,  228, 409,  450,  473,  601,  639,  789,  816J 
829,  892,  928. 

by  sealer ._ 133,667,670,696,892 

upon  request ..  91,  228, 473, 601, 624, 892 

weighing  cars  at  standstill 828 

motor  vehicle,  counties  may  provide 176 

personal  weighing,  annual  test 713 

fee  for  testing 713 

public,  including  hay,  coal  and  wagon  ca- 
pacity  466,697 

certificate 146,199 

cities  and  towns,  may  install,  maintain, 

or  regulate 52, 

129,  198,  220,  289,  290,  298,  414,  415,  463, 
555, 563,  576,  598,  736,  760,  836,  925,  926. 

must  be  sealed _ 572 

test  of 80,116,630,712 

tolerance  may  be  fixed 925 

counties  may  install  or  maintain 199i 

252, 466, 481, 597, 925 

court  may  designate 686 

defined 261 

fee  for  testing 469 

providing  or  furnishing 762 

by  weigher 629 

by  railroads,  when 444 

test  of 482 

annual 358 

by  sealer _ 415 

every  three  months 629,686 

every  six  months 712,714 

other  times 591,630 

supervision  of _ _.      469 

variations  in  weighing  coal 572, 685, 826, 925 

township  or  village  may  install  or  main- 
tain  198,401,481 

weighmasters  or  weighers  for 146, 

170, 198, 481, 482,  597, 665, 836 

tolerance  on 190,  414, 572, 595, 635,  686, 826, 925 

track — 

capacity  required _..      768 

certificate  of  test 83,266,491 

discontinuance  of 769 

fees  for  repairing  to  be  fixed 767 

fees  for  testing 61, 66, 

191, 262,  282, 322, 445, 470,  555, 592,  767, 872 

fees  for  testing  may  be  fixed 445,874 

fees  for  weighing  to  be  fixed 418 

master,  installation  of 417 

providing,  installing  or  maintaining 416, 

423, 443,  599,  768 

by  railroads 83, 

188, 265, 283, 491,  599, 665, 747, 872, 873, 874 

sealing  devices  for 416,660,766 

supervision  of ___ 416, 

417, 469, 490,  660, 665, 748, 766,  863,  868 

cost  of,  charged  to  common  carriers 416 

test  cars  or  devices — 

may  be  taken  outside  of  State 871 

purchase  of. 282,417 

railroads  to  provide,  when 445, 871 

railroads  to  transport  without  charge..     282, 
417,  445, 660, 871 


Scales— Continued, 
track— continued.  Page 

testing 225,  469, 660,  712, 767, 825, 874 

at  coal  mines... 228,409,473 

by  State  or  local  agency 282,454,915 

may  be  condemned 454 

railroads  to  provide  facilities  for 445,871 

test  weights  to  be  provided  for 228 

409, 473,  601, 624 

upon  request 282,766 

weighing  of  cars  or  freight  on,  before  and 

after  loading 284,829 

charge  for 266 

railroads  refusing  or  neglecting 266 

regulations  may  be  made 417, 

507, 622,  766, 825,  872 

separately 188,266,284,492,635,872 

together,  when 188 

upon  request.. 265,747 

variations  allowed  in  reweighing  cars  635, 827 
warehouse — 
motor  vehicles  and  other  facilities  may 

be  furnished  for  testing  of 770 

repair  of,  hourly  rate. 770 

sealing  of. 769 

subject  to  test  by  sealer.. 223 

test  of 282, 

420, 443, 469, 558, 562, 633,  769, 785, 913 

upon  request 420 

tester  of,  appointment 469 

warehouses  to  provide  and  maintain 294, 

444, 785 

Screw  thread  commission,  created 46 

duties 46 

members  of 46 

Scribner's    rules    for    measuring    logs    and 

timber.    See  Logs. 
Scruple.    See  Units  of  weight  and  measure. 
Sealer  of  weights  and  measures.    See  also 
Appliances  and  accessories;  False  weights 
and  measures;  Fees  and  compensations; 
Scales;  Sealer  of  weights  and  measures; 
Standards;  Testing  weights  and  measures; 
Vendors;   Weights    and    measures    and 
weighing  and  measuring  devices;  Wagons, 
badges  or  insignia  of  office  to  be  provided..    531, 

843, 899 
city  or  town- 
appointment  or  term  of  office 50, 

51,  64,  65, 138, 140,  209,  231,  261,  300,  314,  317, 
334,  355,  393,  394,  512,  528,  567,  613,  668,  711, 
719,  777,  796,  800,  819,  841,  864,  884,  897. 

expenses  allowed 355,669 

powers  and  duties  of... 51, 

65,  138,  180,  209,  232,  261,  299,  315,  356, 
359,  394,  456,  512,  567,  574,  776,  794,  820,  842, 
885,  897. 

salary 232,300,668 

county- 
appointment  or  terms  of  office 50, 

99,  112,  126,  137,  149,  231,  393,  451,  528, 
529,  567,  580,  582,  668,  776,  841,  884. 

by  county  and  city 51, 232, 394, 669, 778 

by  two  or  more  counties 51, 

138, 231, 394, 669, 777, 841 

expenses  allowed 669 

powers  and  duties 50, 79, 137, 149, 179, 

232, 273, 393, 567, 580, 591, 611, 776, 842, 885 
salary 99, 100, 231, 232, 668, 776 


INDEX 


967 


Sealer  of  weights  and  measures— Continued.   Page 
functions  exercised  by — 

alcalde — 704 

constables 80 

county  auditor 238,451,611 

county  clerks 273,437,451 

food  and  drug  inspector 774 

marshal 80 

ordinaries 179 

proctors 429 

provincial  treasurer.. 698 

sheriff.... 190, 553, 629,  844 

State  policemen 135 

town  treasurer.. 831 

weighmasters 554 

impersonating,  hindering,  or  obstructing 52, 

69,  75,  105,  139,  164,  197,  210,  234,  274,  300,  306, 
355,  357,  371,  395,  412,  459,  479,  498,  513,  535, 
558,  593,  628,  646,  647,  670,  699,  720,  734,  757, 
758,  778,  801,  804,  820,  833,  843,  865,  886,  899, 
923, 924. 

police  powers  of 50, 

52,63,65,  68,  103,  105,  136,  137,  139,  150,  170, 
208,  210,  233,  237,  300,  314,  317,  394,  395,  412, 
454,  460,  479,  512,  513,  567,  670,  715,  733,  757, 
758,  778,  792,  796,  819,  820,  831,  842,  843,  863, 
865,  883,  886,  899,  923. 
reports  of — 
city  and  town  sealers- 
annual - 66, 101, 

198, 209, 232, 275, 315, 355,  532, 820,  842, 886 

monthly 66,232,456,532,669 

quarterly 898 

semiannually 480 

what  to  contain 669 

county  sealers — 

annual 51, 

101, 138, 232,  275, 394,  532,  567,  777, 842, 886 

monthly 232, 456,  532, 669 

what  to  contain 669 

district  sealer — 

annual 643 

State  sealer- 
annual 62, 

98, 194,  230,  273,  314,  359,  393,  410,  456,  499, 
667,  682,  711,  774,  775,  791, 841, 862, 882, 922. 

biennial 627,  641, 818, 832, 896 

copy  to  National  Bureau  of  Standards.     194, 

273,  499 

other  times.. 49, 756 

State  sealer — 
administration  of  functions  by — 

board  of  agriculture 341,392 

board  of  health 275 

bureau  of  internal  revenue 697 

bureau  of  standards 626 

chancellor  of  the  university 272 

commissioner,  department  offarmsand 

markets 566 

commissioner  of  agriculture 48, 

176, 313, 818,  926 
commissioner  of  agriculture  and  immi- 
gration  840 

commissioner  of  agriculture   and   in- 
dustries  733 

commissioner  of  agriculture  and  labor.  593 
commissioner  of  Industries 830 


Sealer  of  weights  and  measures — Continued.    Page 
State  sealer — Continued, 
administration  of  functions  by — Contd . 

commissioner  of  labor 881 

commissioner  of  labor  and  industries . .      347 
commissioner  of  weights  and  measures.      510 

dairy  and  food  commissioner 230,895 

department  of  agriculture 94, 

193, 260, 475, 753,  791, 817,  869 

department  of  internal  affairs 667 

director  oftradeand  commerce 206 

food  and  drug  commissioner 230 

food  and  drug  inspector 774 

inspector  of  weights  and  measures 61 

market  agent 650 

railroad  and  warehouse  commission 410 

sealer  of  weights  and  measures 497 

sealer  of  weights,  measures,  and  bal- 
ances  710 

secretary  of  agriculture 609 

secretary  of  Porto  Rico 703 

secretary  of  state.  79, 287, 298, 429,  451,  554, 869 

standard  keeper 580 

State  chemist 149 

State  treasurer 125 

superintendent  of  police 135 

superintendent  of  weights  and  meas- 
ures  527 

superintendent  of  weights,  measures, 

and  markets 162 

powersand  duties  of 48, 

49,  50,  62,  94,  97,  106, 135,  136,  162,  193,  219,  230, 
260,  272,  313,  341,  348,  392,  451,  452,  478,  480, 
497, 498,  511,  530,  580, 610,  642, 650, 667,  703, 710, 
733,  756,  774,  791,  792,  795,  817,  818,  830,  849, 
861,  863,  869,  882,  895,  896,  922. 

salary 61,  94, 162, 410, 510,  529,  581 

visiting  local  sealers  or  inspecting  work..      49, 
63,  97,  98,  136,  207,  230,  313,  393,  480,  511,  566, 
774,  818,  831,  862,  883,  896. 
witnesses,  may  compel  attendance  of. .  682, 882 
tenure  of  office — 

civil  service  status  for. 359,  529,  864, 884, 897 

qualifications  or  fitness  for 410,  528,  613 

removal  from,  procedure  in 97, 

233, 669,  794, 841, 899 
unlawful  to  sell  or  be  interested  in  weights 

and  measures 68,98,170,219,300 

Sealing  devices  for  track  scales 416,  660,  766 

Seed,  list  of  various  sold  by  weight _..      236 

Section  of  land,  number  of  acres  to 44 

Sheriff: 

exercising  functions  of  sealer 190, 553, 629, 844 

made  county  weighmasters 553 

sealers  to  be  deputy.. 460 

to  enforce  act 506 

Shingles: 

cities  may  measure _ 440 

dimensions 181,324,522,586,746,855 

number  to  bundle 324 

to  round  bundle _._ 522 

to  square  bundle 522 

railroads  to  provide  scales  for  weighing  of..      873 

slate,  underlap  for  prescribed _.      835 

units  of  measurement  for  to  bo  established.      354 
unlawful  to  demand  excess  number 691 


968 


INDEX 


Page 

Shorts,  bag  or  sack  of,  weight  of _  269,799 

weight  per  bushel-- - 941 

Shrimp,  barrel  of,  number  pounds  to 302 

basket  for,  number  pounds  to 306 

Shipmasters,  weights  and  measures,  to  be 

kept  by 46 

use  of 45 

Shrinkage.    See  Tolerances. 
Skein.    See  Textiles. 

Slack  filling  of  food  packages 52,486,  596 

Slate,  roofing,  underlap  prescribed __      835 

Slot  machines,  requirements  for  use _.      164 

type  must  be  approved 373 

Soap,  box  or  package  of,  net  weight  to  be 

marked 619 

Soapstone,  surveyors  of,  may  be  appointed ..     372 

Sorghum,  weight  per  gallon 48, 

248,  429, 579, 732,  780 

Sorghum  seed,  weight  per  bushel 941 

South  Carolina,  laws  of. 731 

South  Dakota,  laws  of , _      749 

Spaulding's  table.    See  Logs. 
Specifications.    See  also  Babcock   or  other 
test  for  milk  and  cream, 
for  clinical  thermometers  to  be  promul- 
gated  _ 143 

for  graduated  glassware,  to  be  established. .      358 
specifications  and  tolerances  for  weights 
and    measures     and    weighing    and 
measuring  devices — 

adopted  or  may  be  fixed  by  States 95. 

170,  219,  230,  234,  313,459,  475,  516,  534,566' 
643,  670,  678,  703,  792,  832,  849,  883,  896. 
of  National  Bureau  of  Standards  adopted 

or  recognized 95, 

170, 219, 475, 643, 792, 849, 883 

to  be  established  with  advice  of 313, 

459, 516, 832 

Spelt  or  speltz,  weight  per  bushel 941 

Sperm  oil,  weight  per  gallon 276, 557 

Spices,  bulk,  how  sold 236 

Spinach,  how  sold 169,236 

standard  barrel  for,  dimensions 339 

of  less  capacity,  how  marked 339 

weight  per  bushel 941 

Spirits,  number  gallons  to  barrel 43 

proof,  defined 43 

standard  gallon  used  in  sale  of... 43 

Spool.    See  Textiles. 

Stain.    See  Paint. 

Stamps  and  brands.    See  Testing  weights 

and  measures. 
Standards: 
city  and  town- 
apothecaries  weights  and  measures 356 

care  and  custody 50,64, 

101,  135,  140,  209,  232,  261,  314,  349,  387,  393, 
430,  512,  530,  670,  794,  820,  841,  863,  885,  897. 

comparison  with  county 613 

comparison  with  State— 
at  indefinite  times. . .  193, 260, 272, 640, 667, 669 

once  in  five  years 49, 

198,  207,  313,  315,  392,  480,  611,  530,  566, 
778,  818,  830,  862,  882,  895. 

once  in  10  years _ 354 

once  in  three  years 354, 610, 712 


Standards— Continued.  Page 

city  and  town — continued, 
comparison  with  State— continued. 

once  in  two  years 62, 

96, 101, 135, 230, 275, 793, 896 

duplicate 316,356 

furnishing  or  procuring 64, 

96,  101,  138,  140, 198,  209,  261,  393,  429,  48o] 
532,  610,  611,  669,  710,  777,  792,  831,  841,  863 
885,  896. 

list  of. 349, 430, 480, 611, 710 

may  be  insured 349 

county — 

care  and  custody 50, 

101,  137,  153,  157,  232,  273,  334,  393,  430,  431* 
530,  567,  580,  592,  612,  670,  731,  841,  885. 

charge  for  testing  and  sealing 79 

comparison  with  State — 

at  indefinite  times ugt 

153, 193, 260, 272, 640, 667, 669 

once  in  five  years 49; 

313, 392, 451, 530, 566, 777, 862, 882 

once  in  three  years 610 

once  in  two  years 96, 101, 135, 230 

duplicate 97 

furnishing  or  procuring 47j 

49,  79,  96,  101,  125,  137,  179,  190,  238,  273^ 
287,  393,  429,  437,  532,  554,  579,  580,  591,  610, 
611,  669,  731,  777,  841,  885. 

list  of. 47, 238, 273, 430, 437, 579, 580, 611 

customhouse- 
furnished e 

repairs  and  adjustments  to 7 

electrical- 
Federal 9 

State 196, 268, 476, 708 

international,  custody  of. xi 

metric- 
furnished  to  agricultural  colleges 6 

furnished  to  States g 

national — 

care  and  custody 5 

comparison  with  international n 

international  prototype  meter  and  kilo- 
gram regarded  as 7 

troy  pound  of  the  mint 40 

provincial- 
care  and  custody 698 

comparison  with  fundamental 698 

furnishing  or  procuring 698 

furnishing  to  municipal  districts 703 

State 4g 

49,  61,  79,  95,  109,  125,  135,  149,  162,  173,  179,' 
191,  194,  206,  230,  257,  268,  287,  298,  313,  334, 
349,  387,  392,  410,  429,  460,  475,  494,  510,  525, 
532,  553,  565,  579,  594,  603,  640,  667,  703,  710, 
731,  749,  774,  792,  797,  818,  830,  840,  861,  881, 
895,  922. 

care  and  custody 43 

62,  79,  95,  109,  125,  135, 149, 162, 193,  206,  23o] 
260,  272,  287,  298,  313,  348,  387,  392,  410,  429, 
451,  475,  498,  510,  530,  532,  554,  566,  579,  594, 
610,  626,  667,  703,  710,  749,  774,  775,  792,  818, 
830,  841,  861,  881,  895,  922. 
comparison  with  national — 

at  indefinite  intervals 410,626 

once  in  five  years 349 


INDEX 


969 


Standards— Continued.  Page 

State — Continued, 
comparison  with  national — continued. 

once  in  10  years 49, 

62,  95,  135,  193,  207,  230,  260,  272,  313,  349, 
392,  451,  498,  510,  530,  566,  641,  749,  775, 
792,  818,  830,  841,  862,  882,  895,  922. 
duplicate- 
office  or  secondary. 62, 

96, 206,  567, 626, 756, 793, 817, 840,  881 

comparison  with  State,  annually...      627, 

206, 756, 817, 840, 881 

working... 206,313,756,817,840,881 

comparison  with  office,  annually 206, 

756, 817, 840, 881 

comparison  with  State,  annually 922 

furnished  by  resolution  of  Congress. 6 

list  Of 206, 348,  554, 565,  593 

repairs  and  adjustments  to 7 

replacing  standards... 7 

thermometers,  clinical — 
duplicate,  office,  standard  comparison 

with  State. 143,350 

standard  test  by  National  Bureau  of 

Standards 143, 350 

tolerance    on    standards,    submitted    to 
National   Bureau  of   Standards,   to   be 

fixed -         6 

Standard   keepers.    See   Sealers   of  weights 

and  measures. 
Statute  of  limitation,  no  action  to  be  com- 
menced after  one  year 679 

Staves.    See  also  Barrels. 

butt  dimensions 325,855 

cities    may    make    regulations    regarding 

measurement  of 180 

may  measure 440 

dimensions  for  barrels 181, 325, 522, 745,  855 

for  barrel  for  turpentine 180 

for  hogsheads 181,325,522,855 

for  pipes 181,325,745,855 

Steel,    sheet    and    plate,    standard    gauge 

adopted  for  custom  purposes 38 

tolerance  allowed 39 

Steelyards,  approval  of 350 

Stockyards.    See  Livestock. ' 
Stone: 
cities  may  provide  for  weighing  or  measur- 
ing of 440,463 

crushed,  weight  per  cubic  yard 216 

perch  of,  number  of  cubic  feet  to... 125, 

196, 259, 556, 599, 603, 628, 761 
number  cubic  feet  to  in  boats,  in  cars,  in 

piles,  or  in  walls 154 

Stones,  precious: 

carat  legal  weight  for ., 16,387 

customs  service 16 

troy  pound,  unit  for  weighing 70 

Straw: 

baled,  deduction  for  baling  material 725 

how  marked 572 

tare  on 688,725 

tolerance  on -  72,672 

weight  to  be  marked 260,269,688 

scales,  sealed  to  be  used 572 

ton,  number  pounds  to 248,340 


Straw— Continued.  Page 

tolerance  for  shrinkage  and  scale  variations .      725 

weighers  of,  appointment  and  duties 326,423 

impersonating 424 

neglect  of  duty 425 

removal 424 

weighing,  rules  and  regulations  to  be  estab- 
lished for _ 283,423 

weight,  gross  and  tare  to  be  marked _      725 

sale  by 558,752 

Strawberries.    See  Berries  and  small  fruits. 
Struck  measure.    See  Measures. 

Sugar,  barrel  of,  forfeiture  for  shortage 785 

tolerance  on _ 73 

weight  to  be  marked.. _ 487 

Sunflower  seed,  weight  per  bushel 933 

Surveyor: 
chain — 

fees  for  testing 581 

length  in  varas _ 814 

neglecting  or  refusing  to  verify 672 

number  of  perches  to 44 

standards  of  length  for,  established 320, 

672, 814 

to  be  standard 551,782,814 

to  be  tested,  when 581,672 

compass,  to  be  verified  annually 320 

evidence,  to  be  given,  when 575, 612 

fees  for  testing  apparatus 378,581 

linear  measuring  apparatus  to  be  tested 

annually 321,378 

meridian  for,  established 320,672,814 

T 

Tan  bark,  number  pounds  to  cord 179 

Tankage,  sack  of,  net  weight 269 

Tanks,  fuel,  marked  capacities  to  indicate 

true  capacity 645 

Tar,  barrel  for,  number  gallons  to 854 

Tare: 

actual  to  be  allowed 183 

false  or  fraudulent  marking  of.. _      60, 

111,  158,  200,  427,  463,  559,  576,  598,  617,  633, 
706,761,855. 

grain,  to  weigh  without 225 

on  barrels,  boxes,  etc.,  to  be  marked 184, 

251, 487, 488,  550,  617, 619, 855 
on  barrel  of— 

ashes. l 619 

salt 619,856 

on  cotton,  bagging  and  ties 54, 

84, 182, 185,  519, 650, 739,  740, 787 

on  hay  or  straw  for  bailing  material 688, 725 

on  hops,  bale  of 571,650,869 

sacking,  for,  weight 571,650,869 

on  rice 183 

on  tobacco 619 

Tariff  act,  weight  per  bushel  of  commodities 

fixed  by 43 

Taximeters: 

fees  for  testing 359 

may  be  condemned  or  seized 357 

rules   and   regulations   concerning    to   be 

made --     367 

tested  as  to  correctness  of  measures  and 
values 357 


970 


INDEX 


Page 
Tennessee,  laws  of 774 

Teosinte,  weight  per  bushel 933 

Terrapin,  quantity  to  be  marked —      738 

Test  car.     See  also  Scales,  track. 

may  be  taken  outside  of  State 871 

procuring  of ..1 282,417,660 

railroads  to  provide,  when 445,871 

railroads  to  transport  without  charge 282, 

417, 445,  660, 871 
Testing  weights  and  measures.  See  also 
False  weights  and  measures;  Fees  and 
compensations;  Scales;  Standards;  Seal- 
er of  weights  and  measures;  and  Weights 
and  measures  and  weighing  and  measur- 
ing devices. 

at  State  or  educational  institutions 4y, 

97, 136,  207, 230, 272, 355, 392, 452, 479, 511, 532' 
566,  642,  756,  776,  793,  818,  831,  862,  883,  895. 
cities  and  towns  may  provide  for  regulating, 

inspecting  or  sealing 52, 

129,  198,  220,  289,  290,  298,  414,  415,  463,  563, 
576,  598,  736,  760,  836,  925,  926. 

sealing  or  marking 50, 

104,  190,  233,  260,  273,  317,  334,  353,  354,  359. 
392,  457,  459,  462,  469,  479,  481,  498,  499,  512, 
520,  568,  580,  591,  592,  610,  612,  626,  629,  636, 
640,  642,  644,  657,  660,  669,  679,  689,  695,  697, 
699,  703,  706,  711,  712,  714,  716,  723,  728,  756, 
757, 796, 819, 832, 842, 864, 884, 898. 
unlawfully  altering  or  removing  marks  or 

brands 163, 

191,  234,  264,  299,  353,  395,  479,  498,  535,  660, 
696, 700, 800. 
standards  of  institutions  and  private  firms.      49, 
62, 207, 230, 260, 272, 357, 392,  410,  511,  566,  610, 
626, 642, 682, 775, 831, 883, 895. 

may  condemn  same,  when 357 

trade  weights  and  measures — 

apothecaries 358, 457 

refusing  or  neglecting  to  have  tested 80, 

105,  151,  163,  274,  300,  336,  357,  459,  499,  507, 
535,  671,  704,  714,  734,  781,  801,  833. 

sealing  incorrect  apparatus.- 499, 706 

sealing  or  condemning  without  test 106, 

275,  456, 499, 778, 801, 832 

testing,  annually 50, 

63,  80,  103,  140,  149,  208,  232,  298,  315,  334, 
335,350,356,358,394,  411,  452,  454,  512,  531, 
580,  591, 642, 699, 712,  776,  781,  796,  819,  897. 

at  indefinite  periods 80, 

179, 437,  453,  613,  670,  733,  704 

at  other  periods 150, 191, 262, 275,  757, 923 

semiannually 65, 

137, 162, 190,  335,  554,  567,  842,  883 

upon  request  or  complaint 79, 

80,  102,  149,  150,  163,  179,  193,  207,  208,  238, 
260,  262,  272,  316,  353,  358  387,  392,  452,  498, 
531,  554,  593,  758. 

Texas,  laws  of 791 

Textiles: 
cotton — 
bagging  and  ties,  deduction  for,  or  weight 

Of. 54,  84, 182, 185,  519, 650,  739,  740,  787 

not  to  exceed  actual  weight 787 

number  yards  to  bale 84 

bale,  minimum  weight 740 


Page. 
Textiles — Continued, 
cotton— continued, 
bale,  round,  deduction  for  bagging  and 

ties,  not  applicable,  when 739 

tare  on 739 

fraudulently     packing     or     increasing 

weight- 186, 462,  558, 575, 739,  761,  927 

scales— 

ginners  to  keep  accurate 85 

testing  annually - 86 

testing  every  30  days 183 

weigher,  appointment  of,  duties 86, 

182, 265,  721, 741 

weighing,  fees  for 85, 

87, 183, 185, 588, 740,  741,  742, 786,  921 

separately 89 

track  scales  for,  railroads  to  keep 83 

using  untested  weights  and  measures..       55 

weight,  actual  to  be  accounted .     432 

deducting  for  scalage  prohibited 84, 

183, 306,  432, 587, 739, 786 

deducting  from 56, 182 

gross  to  be  stated 182 

to  be  marked 89, 562, 632 

cotton  duck  or  canvas- 
defined 484 

ounce  defined 221, 426, 484, 905 

standard  yard... 221,426,905 

unlawful  to  conceal  size  or  dimensions— .      484 
weight   or  quantity  to  be   marked  in 

ounces  per  yard-- 222, 427, 483, 905 

cotton  goods,  selling  less  quantity 340 

cotton,  wool,  linen,  or  silk  goods,  weight  or 

measure  to  be  stated 212, 822, 846 

thread,   cotton,   on  skein,  spool,  ball,  or 
holder,  contents  to  be  stated  in  weight 

or  length 145 

tolerance  on..- 146 

cotton,  flax,  linen,  silk  or  wool  on  spool, 
skein,  ball,  or  holder- 
length  to  be  stated,  when 546, 574 

tolerance  on. 374,  547,  574 

weight  or  measure  to  be  stated 146, 

212, 373,  546,  574, 822, 846 

number  of  yards  to  be  stated 721 

twine,  number  of  feet  to  pound  to  be 

marked 265,399,486 

tolerance  on 265,399 

weight  to  be  marked 616 

wool,  license  to  weigh 265 

on  spool  or  similar  holder,  net  weight  or 

measure  to  be  marked— -.      821 

woolen  goods,  unlawful  to  sell  for  larger 

quantity  than  actual 340 

Thermometers: 
clinical,    designating   mark   for   manufac- 
turer  144 

fees  for  testing 350 

may  be  condemned  and  seized,  when—  143, 350 

sealing  by  manufacturer 350 

specifications  and  tolerances  for  to  be  pro- 
mulgated  —  143,350 

State  standard,  testing  of 143,350 

unlawful  to  sell  unsealed 350 

comparison  of,  at  International  Bureau  of 

Weights  and  Measures 11 

Thread.    See  Textiles. 

Tickets,  sales,  requirements  as  to 164 


INDEX 


971 


Page 

Tierce  for  fish,  how  made - 145 

Timber.    See  also  Logs;  and  Lumber, 
cities  and  towns  may  make  regulations  for.      180 

county  surveyor  to  be  inspector  of 90 

how  sold 693,  746 

inspector,  duties  of - -  90,746 

marking  contents  on  logs 326 

round,  number  board  feet  to  cubic  foot 522 

rules  for  measurement  of 746,835 

allowance  for  rotten 181 

Doyle  or  Scribner's  rule 430,891 

round 521,522,701,835 

square '- 181, 693, 701 

ton,  number  cubic  feet  to 521 

weighing  on  two  or  more  cars. 188 

Time;  standard -     148, 

161, 333,  524,  624, 694,  773, 839, 909,  927 

standard  for  territorial  zones 45 

zones,  definition  of  limits 45 

to  govern  common  carriers 45 

Timothy,  or  herd's  grass,  sale  by  weight, 

when - 368 

seed,  weight  per  bushel 941 

Tobacco: 
fraudulently  increasing  weight  of  package..     709 

hogshead,  size  of 344 

license  to  weigh 265 

net  quantity  and  tare  to  be  marked 619 

net  weight  to  be  marked 344,487,857 

packing  less  than  lawful  weight 249 

weighing  at  warehouses 296, 343, 588, 620 

Tolerances: 
of  National  Bureau  of  Standards— 
for  standards,  submitted  for  test,  limits  to 

be  fixed --        6 

for  standard  barrel 22,404 

for  weights  and  measures  and  weighing 
and   measuring    devices,    adopted   or 

recognized  by  States. 95, 193, 219, 

313, 403, 459,  475, 516, 643, 792, 832, 849, 883 

on  bacon - --       73 

on  boilers,  range.. 377 

on  bread,  for  individual  loaves 74, 106, 141, 

166, 192,  239, 465, 614, 651, 804, 851, 866, 903 

in  excess  only 74, 106 

may  be  fixed 239, 360,  571, 614, 707, 763, 851 

on  butter. 73, 722 

allowance  for  absorption  of  brine 722 

on  coal,  anthracite,  allowance  for  foreign 

substances  in... 519 

for  maximum  shrinkage. 635,925 

for  variations  in  scales  or  weighing 572, 

635, 685, 826, 926 

for  wastage 672 

in  carloads 635,826,827 

on  coins 41 

due  to  abrasion.. 41 

on  coke  or  charcoal,  for  variation  in  scales..      672 

for  wastage 672 

on  commodities,  certain,  may  be  fixed 73, 

414, 634, 779, 783, 792, 925 

in  containers  or  packages,  may  be  fixed. . .      73, 

96, 197,  212,  263,  272,  366,  456,  497,  515,  615, 

647,  674,  706,  779,  783,  785,  792,  839,  845,  886 

for  evaporation,  leakage  or  waste 197, 

272, 456, 497 


Page 
Tolerances— Continued. 
on  commodities,  for  food  (including  exemp- 
tions as  to  small  packages) 16, 

18,  19,  114,  143,  169,  177,  187,  192,  220,  305, 
331,  342,  416,  441,  518, 544,  545,  584, 701, 719, 
735,  765,  786,  821,  824,  839,  850,  870,  908,  928. 

commercial  practices  allowed 18 

minimum 18,114,734 

variations  in  manufacturing  of  bottles..       18 

for  grits.. 184,785 

for  ham 73 

for  potatoes.. 73 

for  sugar 73 

for  vegetables.. 73 

maximum _ 783 

trade  customs  recognized 366 

on  containers  or  the  contents — 
barrels  of,  or  for— 

ale,  beer,  or  porter 902 

cranberries 22-26,403,902 

fruits  and  vegetables  and  other  dry 

commodities 22-26, 32, 119, 245, 404, 806 

may  be  fixed.. 271,542,609 

lime 29,30 

malt  beverage 365 

baskets  or  box 31, 271, 464, 542, 609 

for  shrinkage 245 

for  variations  in  manufacture 245 

in  quantity  contained 245 

bottles  for  distilled  water 70 

for  food,  for  variations  in  manufacturing       18 

for  milk  and  cream 70,213,327, 

351,  399,  526,  569,  724,  752,  887,  900 

to  be  fixed 673 

hampers,  for  variations  in  manufacture.     245 

in  quantity  contained 245 

may  be  fixed 609 

to  be  prescribed  for  shrinkage  of  com- 
modity..  245 

in  general,  variations  to  be  permitted 571 

receptacles  for  farm  products,  may  be 

fixed  or  allowed. 55,  82, 221, 505, 772, 792 

on  cornmeal 73,184,785 

on  flour 73,184,785 

on  grain  for  leakage,  shrinkage,  or  loss 73,443 

on  hay  or  straw,  baled 72, 572 

for  shrinkage  and  scale  variations _     925 

on  iron  and  steel,  sheet  and  plate 39 

on  lettuce  in  crates 120 

online,  bulk 30 

on  meters,  electric,  gas  or  water.. 64, 

67, 68, 144, 330, 390, 448, 583, 622, 709 

on  potatoes  for  shrinkage 806 

on  pumps,  automatic 174 

on  scales 190, 414,  572, 595, 635, 686, 826, 925 

on  standards  submitted  to  National  Bureau 

of  Standards,  limits  to  be  fixed 6 

on  textiles — 

thread,  cotton  linen,  or  silk 146,374, 547, 574 

twine,  binder 265,399 

on  thermometers,  may  be  fixed 143,350 

on  weights  and  measures  and  weighing  and 

measuring  devices,  may  be  fixed 6, 

95,  170,  219,  230,  234,  313,  459,  475,  516,  534, 
566,  643,  670,  679,  792,  832,  849,  883,  896. 
deviation  against  owner.- 634 


972 


INDEX 


Toll.    Se«  Mills.  Page 

Tomatoes: 

basket  or  box,  capacity 166,338 

dimensions." 174 

other  size,  how  marked 156,339 

prohibited 174 

not  applicable  to  local  shipments 175 

containers  to  have  net  weight  marked 120 

crate,  dimensions 174 

other  size  prohibited.  _ 174 

not  applicable  to  local  shipments 175 

packages  for 117 

dimensions 118 

weighing  by  wagon  load 340 

weight  per  bushel 941 

Ton.    See  also   the   specific   commodity   in 
question. 

fractional  parts 595 

net  register 45 

number  cubic  feet  to,  how  ascertained 45 

number  hundredweight  to 39 

110, 141, 195, 215, 257, 268, 287, 317, 348, 437, 460^ 
476, 494, 565, 604, 686, 703, 750, 798, 901. 

number  pounds  to 111, 

116,  125,  164,  200,  215,  234,  248,  287,  304,  323, 
339,  368,  414,  430,  461,  463,  496,  556,  565,  572, 
595,  605, 628,  685,  715,  799,  833,  868, 890, 901. 

gross 39, 157, 339, 525, 703, 868 

of  bark,  number  pounds  to 685 

of  charcoal,  number  pounds  to...  414, 572, 595, 628 
of  coal,  anthracite,  gross,  number  of  pounds 

to _.      685 

at  mines,  number  of  pounds  to 58, 

134,267,346,696 

gross,  mandatory  use  of 39,157,339 

number  pounds  to 39, 

157, 339, 646, 685, 715, 868 

in  the  solid,  number  cubic  feet  to 128 

net,  number  pounds  to 111, 

116,  164,  200,  248,  304,  323,  339,  368,  414,  430. 
461,463, 496, 565, 572, 595, 605, 628, 646, 685, 715* 
717,  868. 

number  bushels  to 461 

of  coke,  number  pounds  to—  248, 323, 572, 628, 717 

of  cottonseed,  number  pounds  to 799 

of  hay  or  straw,  number  cubic  feet  to 462, 

556, 599, 628, 760, 761, 924 

number  pounds  to 111, 

116, 200, 248, 340, 425, 461, 463, 556, 599, 628, 

of  hemp,  number  pounds  to 288 

of  ice,  number  pounds  to 248,414,595 

of  lead  ore,  number  pounds  to 438 

of  lime,  number  pounds  to 628 

of  ores,  number  pounds  to 438 

of  ship  timber,  number  cubic  feet  to 521 

of  zinc  ore,  number  pounds  to 438 

Township,  how  formed 44 

number  square  mfies  to 44 

Track  scales.    See  Scales. 

Troy.    See  also  Units  of  weight  and  measure. 

pound  of  the,  Bureau  of  Standards 40 

mint 40 

Tub: 

for  butter  or  cheese,  how  marked 550 

weight  to  be  marked 550,722 


Tub— Continued.  page 

for  oysters,  capacity,  or  dimensions  of 67, 

167, 176, 187, 343, 433, 549, 588, 738, 853 

form 167,433,549 

how  filled 178 

may  be  seized  and  destroyed,  when 864 

number  to  barrel 57, 176, 433, 814 

unlawful  to  use  other  than  standard...  433, 588 

Tun,  two  pipes  to 684 

Turnips.    See  also  Fruits  and  vegetables. 

barrel  for,  capacity 732,780 

dimensions 339 

of  less  capacity,  how  marked 339 

sale  by  bunch igg  352 

standard  basket  for,  capacity 156 

other  than  standard  to  be  marked 166 

weight  per  bushel 941 

Turpentine: 

barrel  for,  capacity 180,854 

dimensions  of  staves iso 

weight  of 745 

weight  to  be  marked 745 

net  contents  to  be  marked  on  container 853 

weight  per  gallon 276,557 

Twine,  binder: 
number  of  feet  to  pound  to  be  stated..  265, 399, 486 

tolerance  on 265  399 

weight  to  be  marked 616 

Type  of  apparatus: 

approval  of. 321,354,676 

conditions  for 676 

not  affecting  test  of  individual  apparatus.     679 

not  necessary,  when 077 

part  of  mechanism 678 

procedure  in 676 

guaranty,  effect  of 677 

serial  numbers  for 677 

slot  machines,  approval  of 373 

steelyards,  approval  of. 350 

term  defined 675 

unauthorized 336,455,678,714 

Type-registering  beams,  grain  scales  to  be 
equipped  with 280 


u 


United  States,  laws  of 5 

United  States  laws  and  regulations  adopted 
or  recognized  concerning: 

apple  grading  law _ 675 

barrels  and  containers 170, 

237, 362, 365,  403,  540, 609, 822 

containers  for  farm  products 82, 120, 203 , 

221, 245, 442,  609, 680, 732, 736,  772,  800, 909 

cornmeal,  weight  of _ _ 53 

electrical  units... 195,268,476,708 

food  packages 115, 366,  544,  736, 786, 928 

food  products. 909 

gauging 721 

grain,  seeds  and  agricultural  products 912 

specifications  and  tolerances  for  weights 

and  measures 95, 193, 

219, 313, 459, 475, 516,  643, 792, 832, 849, 883 

standard  time.. 695 

See  also  National  Bureau  of  Standards. 


I 


INDEX 


973 


Page 
Units  of  weight  and  measure.    See  also  Ton; 
Measures, 
area- 
acre,  number  square  chains  to 109, 

195, 215, 257, 268, 460, 476, 494,  565, 603 

number  square  rods  to 257, 

460, 476, 565, 579, 603, 684, 749 

number  square  yards  to 579, 797 

number  to  square  mile 109, 195, 215, 257, 

268, 460, 476, 494,  565,  579, 603, 684, 749,  798, 

how  measured.. 195, 

215, 257, 268, 460, 475, 494,  565, 603, 749, 797 

cuerda  equivalent 702 

hectare 1. 702 

metric  units. 8,697,702 

capacity  and  volume — 

bushel  and  subdivisions 70, 

109, 110, 141, 195, 206, 215, 258,268, 337, 396, 413, 
437, 461, 475, 476, 495, 566, 594, 604, 798, 834, 900. 

form  or  dimensions 1 10, 461 ,  604,  684 

heaped,  number  cubic  inches  to _.      141 

number  of  cubic  inches  to._ 70, 

109, 141, 206, 337, 413,  437, 475,  594, 604, 798 

ratio  of  height  to  bottom.. _ 684 

ratio  of  top  to  bottom 684 

cubic  meter 702 

fluid  dram,  number  to  fluid  ounce 110 

fluid  ounce,  number  of  cubic  inches  to...      169 
for  measurement  of — 

gas 389,  621,  708 

timber,  round,  equivalent  of  cubic  foot.      521 

water,  acre-foot... 489, 

506, 563,  634, 773, 816, 828, 868 

measurement  of  flow  or  volume 128, 

204,  473,  489,  506,  563,  634,  773,815,816, 
828, 868, 927. 

miner's  inch 112,  473, 489,  506, 563, 773 

gallon,  ale  or  beer.. 70 

gallon  and  subdivisions 70, 

109,  110,  141,  169,  173,  195,  206,  215,  257, 
268,  337,  413,  437,  461,  475,  476,  495,  566, 
594,  604, 684,  751, 798, 834. 

gallon  of  282  cubic  inches 70, 141 

liter 8,697,703 

metric  units  of 8,697,702 

perch  number  of  cubic  feet  to 196, 494 

electrical,  national,  ampere,  coulomb,  farad, 

henry,  joule,  ohm,  volt,  and  watt 9 

length- 
chain  or  link 109, 

194, 268, 460, 475, 494, 551,  565,  581, 603, 749,  797 

furlong  number  of  yards  to 684 

line  equivalent 44 

meter 8,697,702,703 

metric  units  of 8,697,702 

mile,  number  yards  to 194, 

215,  257, 268, 460, 475, 494,  565,  603,  684,  749 

number  of  furlongs  to 684 

rod,  pole,  or  perch 109, 194, 

215, 257, 268, 460, 475, 494, 565, 603, 684, 749,  797 

yard  and  subdivisions 70, 

109,  194,  214,  257,  268,  413,  437,  460,  475,  494, 
553, 565, 594, 603,  703, 749, 797. 


Page 
Units  of  weight  and  measure— Continued, 
mass- 
carat,  metric,  equivalent 16 

establishment  of 16 

standard  for  diamonds  and  precious 

stones 387 

cental,  number  pounds  to 365 

hundredweight __ 39, 

110,  141,  195,  215,  257,  268,  287,  317,  348, 
396,  413,  437,  460,  476,  494,  565,  594,  604, 
686,  703,  750,  798,  833,  901. 

for  pig  iron  and  iron  ore 603 

metric  units  of. 8,697,702,703 

pound,  apothecaries — 

dram,  number  ounces  to. no 

grain,  number  to  pound.. 70,  no 

ounce,  number  to  pound.. _      no 

relation  to  troy... no 

scruple,  number  to  dram no 

number  grains  to.. _ _      no 

avoirdupois  and  subdivisions — 

grains,  number  to  pound 70, 

110, 141,  215, 475 

ounce,  number  to no 

257, 460,  603, 685 

relation  to  troy no, 

141,  215, 257,  348, 460, 494,  603,  798 
troy  and  subdivisions — 

grains,  number  to.. 70,141,215 

ounces,  number  to no, 

215, 257,  460,  494, 604,  798 

pennyweight,  number  to  ounce 110, 684 

number  grains  to _ no,  684 

standard  for  jewels  and  precious  stones.       70 

standard  of  the  mint   ._ 40 

quarter,  number  of  pounds  to. 685 

scruple,  relation  to  drarn no 

relation  to  grain no 

ten,  gross 39, 157, 339, 525,  703, 868 

number  of  hundredweight  to 39, 

110, 141, 195,  215, 257,  268, 287, 317, 348,  437, 
460, 476, 494,  565, 604, 686,  703,  750,  798,  901 

number  of  pounds  to m, 

116, 125, 164,  200,  215,  234,  248,  287,304,323, 
339, 368,  414, 430,  461,  463,  496,  556, 565,  572, 
595, 605, 628, 685,  715,  799, 833,  868,  890,  901 

legister  or  net _ 45 

ship  timber,  number  cubic  feet 521 

Utah,  laws  of 818 


Validity.  See  also  Constitutional  provisions, 
saving  clauses _ 171,  236, 483, 538, 605 

Vara: 

length  of  surveyor's  chain  in 814 

Spanish,  equivalent  of __ 797 

use  of  suppressed... 553 

Variations.    See  Tolerances. 

Varnish.    See  Paint. 

Vegetables.  See  Fruits  and  vegetables;  Pro- 
duce ana  farm  products,  and  also  the  specific 
commodity  in  question. 

Vehicle.  See  Sealer  of  weights  and  measures; 
and  Wagon. 


974 


INDEX 


Page 
Vendors,  may  be  stopped  for  Inspection  and 

test  of  weights  ajid  measures 50, 

63,  65, 103, 136, 150,  208,  234, 394,  410,  454,  479, 
512,  567,  668,  670,  767,  776,  796,819,  831,  842, 
863,897,923. 
required  to  keep  proper  weights  and  meas- 
ures      129, 

220, 299, 378, 401, 440, 457, 506, 516, 698, 760 

weights  and  measures  to  be  tested 126, 

163, 299, 462 

Vermont,  laws  of . - 830 

Vinegar,  bottles  for,  sizes  fixed—.- -      866 

other  sizes,  net  measure  to  be  stated..-..      866 

quantity  to  be  stated 73 

cans  for,  quantity  to  be  stated 73 

standard  proof  for 44 

Virginia,  laws  of - -— 840 

Volt.    See  also  Electricity,  units  of. 
equivalent  with  reference  to  Clark's  cell.-.         9 

w 

Wagon  scales.    See  Scales,  public. 
Wagons: 
coal,  ice,  or  delivery,  sealer  may  stop  to 

test  weights  and  measures 50, 

63,  65,  136,  150,  165,  208,  234,  260,  317,  454, 
479,  512,  567,  573,  668,  670,  733,  757,  796,819, 
831,  842,  863,  883,  897,  923. 
coal,  coke,  or  charcoal,  name  of  vendor  to 

be  marked... 165,  718 

must  carry  or  provide  scales  for  sale  of  ice..     304, 

365,  557 

Walls,  party,  method  of  measuring 154 

Walnuts,  standard  packages  for 117 

dimensions -      H8 

weight  per  bushel ---      941 

Warehouses: 

certificate  of,  what  to  contain 34 

inspector  and  weigher  at,  appointment  of..      295 
rules  and  regulations  for  management  of, 

to  be  made ---      769 

scales — 
motor  vehicles  and  other  facilities  may  be 

furnished  for  testing  of 770 

repair  of,  hourly  rate 770 

sealing  of - 769 

subject  to  test  by  inspector  of  weights 

and  measures - 223 

test  0f 282, 

420, 443, 469, 558, 562, 633, 769, 785, 913 

upon  request. 420 

tester  of,  appointment --      469 

warehouses  to  provide  and  maintain 294, 

444,  785 
tobacco  to  be  weighted  at,  when  received..     296 

United  States  act  regarding 33 

weigher  not  to  be  interested  in  products 662 

weighing  commodities  at 33,662,873 

weighing  or  inspecting  grain  at 279, 

663, 664, 770, 873, 876, 912 

weighing  at,  license  to  be  obtained 471 

weights  and  measures,  to  be  furnished 800 

to  be  inspected  every  two  years 335 

Washburn  and  Moen  gauge,  standard  for 

wire  fence 401 

Washington,  laws  of 861 


Page 

Water,  distilled,  bottles  for 70 

inspection  and  sealing 71 

tolerance  on 70 

inch  of,  measuring  device  for  irrigation 490 

measurement  through  orifice  defined 125 

miner's  inch,  defined 112,563,773 

equivalent  in  cubic  feet  per  minute 112 

equivalent  in  cubic  feet  per  second 473, 

489,606,563,773 

equivalent  in  gallons  per  second 473 

use  in  future  permits  prohibited 508 

standard  or  unit  of  measurement  of  flow — 

cubic  feet  per  second 128, 204, 

473, 489, 506, 563,  634, 773, 815, 828, 868, 927 

defined 816 

equivalent  in  gallons  per  second 473 

standard  or  unit  measurement  of  volume — 

acre-foot 489, 506,  563,  634, 773, 816, 828, 868 

acre-foot    equivalent  in  cubic  feet    per 

second 489,  506,  563, 634, 773, 828, 868 

cubic  feet 128 

Watercress,  sale  by  bunch 236 

Watermelons: 
common  carriers  to  furnish  weights  of  ship- 
ments  586 

statement  of  weight  or  number  required...      251 
Watt.    See  Electricity,  units  of. 
Weighers.    See  also  Fees  and  compensations. 

at  warehouses. 112,588,786 

must  keep  correct  scales 112 

to  provide  own  scales 786 

for  corporations,  State  sealer  may  appoint..     833 

rights  and  duties  prescribed 833 

of  beef  in  towns,  appointment.,.--- 365 

of  boilers,  appointment- 366 

of  coal,  appointment  and  duties 326, 

368, 714, 828, 836 

of  commodities,  appointment 376 

of  cotton,  appointment  and  duties 86, 

87, 182, 587,  721, 740, 742, 786 

fees -- -  183, 741, 742 

public  ginner  is 85 

removal  of 183 

to  provide  own  scales 786 

unlawful  for  others  to  weigh 87 

of  fish,  appointment  and  duties 362, 376 

of  grain,  appointment  and  duties. 279, 

280, 367, 470, 726, 873, 913 

not  to  be  interested  in  products  weighed-     470 

of  hay  and  straw,  appointment  and  duties.    326, 

368, 423 

impersonating 424 

neglect  of  duty 425 

removal 424 

of  livestock,  appointments... 418,722 

public. 306 

qualifications 419 

unlawful  interference  with 419 

of  produce,  appointment  of  in  cities 277 

of  rice 182,183 

of  tomatoes  by  wagon  load 340 

private,  provisions  applicable  to 560 

public,  appointment  and  duties ■ 290, 

306, 366, 440, 466,  560, 561, 629, 737,  761, 802, 808 

certificate  of,  form  of 812 

giving  false 466,762,803 

prima  facie  evidence 802,850 

what  to  show 560 


INDEX 


975 


Page 
Weighers— Continued. 

public,  counties  may  appoint . 559,807 

qualifications 809 

who  are -  802,808 

fees  for 632,744,762 

for  farm  products,  appointment... 743, 850 

not  to  be  interested  in  articles  weighed.  560, 630 

others  may  act,  when 561 

removal  from  office 813 

seal  of,  form 812 

to  provide  scales 629 

Weighmaster.     See  also  Checkweighmaster; 
and  Fees  and  compensations. 

at  coal  mines,  duties  and  powers 91, 

229,  255,  266,  285,  345,  409,  449,  473,  558,  563, 
602,  638,  696,  789,  828,  879,  929. 

fruadulent  weighing  by 696 

at  warehouses,  appointment  and  duties..  420,443 

certificate  of,  form  and  contents 107,501 

issuing  false.. 108,501,548 

requesting  false 108, 501 

to  be  accepted  or  recognized  as  accurate..     107, 

500,  501, 687 

tor  private  firms,  appointment 548 

for  public,  appointment  and  duties 107, 

170,  235,  261,  482,  501,  547,  548,  549,  553,  5G2, 
597, 686, 925. 

hindering  or  obstructing 421,558,914 

making  false  entry'  of  weight  of  boat  or 

cargo 575, 601 

of  grain 279, 913 

railroad  or  track  scale 284, 418 

reweighing  upon  request 108, 501, 549 

sheriffs  are,  for  counties. 553 

State  department  to  keep  record  of  or  as- 
certain qualifications  of  those  appointed 

as 496,548 

weight,  to  be  true  net  weight 109 

Weight  per  bushel.    See  Appendix 932-942 

Weights  and  measures  and  weighing  and 
measuring  devices.  See  also  False 
weights  and  measures;  Fees  and  com- 
pensations; Scales;  Sealer  of  weights  and 
measures;  and  Testing  weights  and  meas- 
ures and  weighing  and  measuring  devices, 
false,  fraudulent,  unsealed,  or  condemned 

apparatus,  disposing  of 218, 

337,411,823,833,848,864 

false,  or  fraudulent  use  of  or  interference 
with,    altering   or   using    altered,    after 

test 151, 163, 336,  671, 700,  706, 714 

may  be,  confiscated,  when 63, 

138, 233, 456, 479, 497, 610, 532, 757, 819, 884, 923 

destroyed,  when 63, 

65,  104,  136,  140,  150,  163,  208,  210,  411,  45!), 
479,497,  510,  533,  559,  56S,  576,  581,598,632, 
670,  699,  733,  760,  777,  796,  819,  842,  864,  884, 
898. 

seized  or  condemned,  when 63, 

65,  68,  104,  136.  138, 150,  163,  190, 194,  208, 
210,  234,  262,  274,316,336,353,358,395,411, 
457,  479,  497,  535, 559, 668,  575. 591, 592, 597, 
610,  642,  644,  668,670,704,713,733,767,760. 
777,782,796,  819,  833,842,864,884,898,923. 

liability  for  damage 479 

may  be  sold,  when 336 

517—27 62 


Page 

Weights  and  measures  and  weighing   and 

measuring  devices— Continued. 

tolerances,  may  be  fixed 6, 

95,  170,  219,  230,  234,  313,  459,  475,  516,  534, 
566,  643,  670,  679,  792,  832,  849,  883,  896. 
of  the   National   Bureau   of  Standards 

adopted  or  recognized 95, 193, 219, 

313, 403, 459, 475, 516, 643, 792, 832, 849, 883 

tolerances  on  scales 190, 

414, 572, 595, 635, 686, 826, 925 
types- 
approval  of 321,354,675 

conditions  for. 676 

not  affecting  test  of  individual  appa- 
ratus  629 

not  necessp.ry,  when 677 

part  of  mechanism 678 

procedure  in 676 

slot  machines,  approval  of 373 

steelyards 350 

guaranty,  effect  of 677 

serial  numbers  for 677 

term  defined 675 

unauthorized 336, 455, 678, 714 

unsealed  or  false  may  be  seized  or  retained 

for  evidence 52, 

68,  139,  150,  210,  234,  316,  359,  395,  412,  457, 
480,  498,  512,  513,  591,  593,  642,  668,  670,  704, 
778,820,831,843,  865,  886. 
accounts  or  contracts  how  affected  by 

use  of. 79,262,354,533 

using  or  retaining  in  possession  unsealed...  51, 
53,  56,  67,  104,  139, 150, 151,  163,  175, 192,  218, 
298,  318,  354,  411,  430,  453,  478,  513,  633,  559, 
579,  592,  612,  700,  704,  713,  759,  782,  783,  797, 
823,  848,  864,  867,  890,  906,  925. 
Weights  and  measures,  foreign,  use  of  in  cer- 
tain Government  reports 42 

West  Virginia,  laws  of 881 

Whale  oil,  weight  per  gallon 276,557 

Wheat,  bags,  weight  fixed 54 

weight  per  bushel 941 

Whortleberries.    See     Berries     and     small 

fruits. 
Winchester  measure.    See  Units  of  weight 
and  measure. 

Wisconsin,  laws  of. 895 

Witnesses,  State  sealer  may  compel  attend- 
ance  682, 882 

Women,  may  be  weighers  of  coal 368 

Wood: 

cord,  dimensions 181 

196, 322, 374,  413, 518,  587,  692,  724,  834, 844 

how  measured  or  packed.. 323, 

374, 518,  603,  692,  724,  834 
must  bo  measured  before  sale  or  delivery.      39, 

322, 323 

number  cubic  feet  to... _ 39, 

169,  196,  217,  322,  374,  413,  414,  496,  516, 
595, 603,  646,  692,  724,  844,  867. 

when  in  conveyance 595 

when  longer  than  8  inches 169 

when  16  inches  or  less  and  looso  in  box 

or  container.. 867 

sale  by,  or  fractional  part 217, 515, 645, 867 

delivery  vehicle  for,  cubic  feet  to  bo  marked.      510 
sealer  to  measure  capacity 516 


976 


INDEX 


Wood— Continued.  Page 

kindling — 

basket  for,  capacity 369,516 

dimensions 725 

heaped  measure  used  for 725 

how  filled - S69,  516,  725 

how  marked 369 

unsealed  may  be  seized 725 

cord  of  sawed,  number  of  baskets  to 725 

load  or  fraction,  number  cubic  feet  to 516 

standard  may  be  established 169 

paper  bags  or  socks  for,  capacity  -- 369 

dimensions 369,  573 

how  marked . ._ 369 

sale,  by  bulk  load 169,370,  516 

in  bags,  when.- 370 

in  bundles,  when 370 

in  bushel  basket _ 516 

may  be  measured  on  request 181 

measurers  or  surveyors  of,  appointment...     147, 

374, 375,  518 

fees  and  compensations.^ 518, 724 

to  give  certificate... 147,  518 

pulp,  supervisor,  duties,  salary,  term  of 

office 920 

sale  of,  certificate  or  delivery  ticket  to  ac- 
company _.  39, 71, 322, 323, 374, 375, 496,  645, 867 

cities  or  towns  may  regulate 180, 

198, 220, 322, 432,  440,  463, 484,  724 


Wood— Continued.  Page 

sale  of,  fraudulently  increasing  weight 462 

less  quantity  than  represented 322 

standard  load,  split  wood  8  inches  or  less.      169 

split  wood  not  over  16  inches  long 516 

unlawful,  by  load,  when 516 

sawed  or  split,  how  sold 71 

number  of  baskets  to  cord 725 

number  of  cubic  feet  to,  when  loose  in 

conveyance 413,  595 

when  ranked 344,  413,  595 

Wood  ashes,  net  weight  to  be  marked  on 

package 331 

Wool.    See  Textiles. 

Work,  mechanical,  cities  may  measure 129,440 

Wrapper,  separate  charge  may  be  made  for 

wrapping  or  packing 616 

Wyoming,  laws  of... 922 


Yard.    See  Units  of  weight  and  measure. 

equivalent  in  meters 8 

value  derived  from  the  meter 7 

z 

Zinc,  ore  fraud  in  weighing 438 

number  pounds  to  ton 438 


_1 


■ 


PENN  STATE  UNIVERSITY  LIBRARIES 

Him  1 111 1 

AQDDD7nEDciflb 


